By Dr.

Neel Mani Tripathi

Understand
The Concept
of Justice
Through
8 Theories
By Dr Neel Mani Tripathi
(PhD and Postdoctoral in Law)

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By Dr. Neel Mani Tripathi

Introduction
Justice, as a cornerstone of
philosophy, law, and ethics, is
more than a mere rule—it's a
profound concept that navigates
the terrain of fairness, moral
rightness, and the equitable
distribution of society's benefits
and burdens. Over centuries,
thinkers have proposed diverse
theories of justice, each offering
a unique lens to understand and
achieve justice within societies.

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1. Utilitarian Theory of Justice

Proponents: Jeremy Bentham,
John Stuart Mill
Fundamental Principle: The
greatest good for the greatest
number.
Conceptual Framework:
• Core Idea: Justice is
measured by the outcomes
of actions—specifically, the
extent to which they
maximize overall happiness
or minimize suffering across
society.
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• Philosophical
Underpinning: Rooted in
consequentialism,
utilitarianism evaluates the
morality of actions by their
results. Justice is seen as an
aggregate of individual well-
being.
Main Features:
• Consequentialism:
Prioritizes the outcomes
over intentions or inherent
rights.
• Welfare Maximization:
Aimed at policies and
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actions that bring the highest

net benefit to the largest
number of people.
• Criticisms: Potentially
neglects the rights of
minorities if their suffering
is outweighed by the
majority’s happiness.
Example:
A government decides to
allocate a significant portion of
its healthcare budget to urban
hospitals because this benefits
more people compared to
investing in rural clinics. While
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this approach maximizes overall

health benefits, it raises
questions about fairness for
remote communities.

2. Libertarian Theory of
Justice
Proponent: Robert Nozick
Fundamental Principle:
Protection of individual rights
and freedoms.
Conceptual Framework:

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• Core Idea: Justice is about

respecting and safeguarding
individual autonomy,
property rights, and
voluntary transactions.
• Philosophical
Underpinning: Draws from
classical liberalism and
emphasizes minimal state
intervention.
Main Features:
• Entitlement Theory:
Justice in distribution is
determined by how property
is acquired and transferred—
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if these processes are just,

the resulting distribution is
just.
• Non-interference: The state
should not interfere with
personal choices or forcibly
redistribute wealth.
• Criticisms: May ignore
social inequalities that affect
starting points, and how
market dynamics might
perpetuate systemic
injustice.
Example:
A libertarian approach would
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oppose heavy taxation for social

programs, arguing individuals
have the right to keep and use
their resources without state-
imposed redistribution,
regardless of resultant
inequalities.

3. Rawls' Theory of Justice as

Fairness
Proponent: John Rawls
Fundamental Principle: Justice
as fairness through an equitable
social structure.
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Conceptual Framework:
• Core Idea: Society should
be structured so that its basic
institutions are arranged to
ensure fairness, especially
for the least advantaged.
• Philosophical
Underpinning: Emphasizes
social contract theory with a
thought experiment
involving the "veil of
ignorance."
Main Features:

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• Veil of Ignorance: Imagines

individuals designing
society without knowing
their own position, leading
them to create fair and
impartial principles.
• Two Principles:
1. Equal Basic Liberties:
Fundamental rights
should be secured for
all.
2. Difference Principle:
Social and economic
inequalities are
permissible only if they
benefit the least
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advantaged and are

linked to open positions.
• Criticisms: Challenges
include balancing efficiency
and equality and applying
abstract principles to real-
world complexities.
Example:
Creating a universal healthcare
system that provides basic
services to everyone, ensuring
that even the poorest receive
necessary medical care—
reflecting fairness and

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prioritizing the needs of the least

advantaged.

4. Aristotelian Theory of
Justice
Proponent: Aristotle
Fundamental Principle:
Proportional equality and virtue-
based distribution.
Conceptual Framework:
• Core Idea: Justice entails
giving people their due,
which involves distributing
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resources and
responsibilities in proportion
to their merits and
contributions.
• Philosophical
Underpinning: Grounded
in virtue ethics, Aristotle’s
vision of justice is tied to the
concept of virtue and the
good life.
Main Features:
• Distributive Justice: Fair
allocation of resources based
on merit, need, or
contribution.
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• Corrective Justice: Focus

on rectifying wrongs and
restoring balance when
injustices occur.
• Criticisms: Debates arise
over defining "merit" and
potential biases in assessing
contributions.
Example:
Awarding scholarships to
students based on academic
excellence reflects distributive
justice by allocating resources
according to merit, while
offering restitution to a person
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wrongfully defamed addresses

corrective justice.

5. Social Contract Theory

Proponents: Thomas Hobbes,
John Locke, Jean-Jacques
Rousseau
Fundamental Principle: Justice
as an outcome of mutual
agreements that form the
foundation of society.
Conceptual Framework:

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• Core Idea: Justice arises

from implicit or explicit
agreements among
individuals to form societies
and abide by agreed-upon
rules.
• Philosophical
Underpinning: Central to
modern political philosophy,
social contract theory
explains the legitimacy of
state authority and the rights
of citizens.
Main Features:

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• Mutual Agreement: The

legitimacy of laws and
justice comes from the
consent of the governed.
• Varied Emphases:
o Hobbes: Emphasized
order and security to
prevent societal
collapse.
o Locke: Focused on
protecting life, liberty,
and property.
o Rousseau: Advocated
for a collective general
will that seeks the
common good.
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• Criticisms: Debates on the

historical accuracy of the
contract idea, and whether
real societies truly reflect
such agreements.
Example:
A democratic constitution
outlines rights and
responsibilities, with citizens
agreeing to certain constraints in
exchange for protection and
societal order, reflecting a social
contract.

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6. Natural Law Theory

Proponents: Thomas Aquinas,
John Finnis
Fundamental Principle: Justice
derived from universal moral
principles inherent in nature or
divine order.
Conceptual Framework:
• Core Idea: There are
objective, immutable moral
laws rooted in nature or
divine will that guide just
human behavior and legal
systems.
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• Philosophical
Underpinning: Blends
metaphysics, ethics, and
law; implies that human-
made laws should align with
these higher principles.
Main Features:
• Universality: Certain rights
and wrongs are universally
valid regardless of culture or
law.
• Law and Morality
Connection: A just law
must be morally sound
according to natural law.
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• Criticisms: Disagreements
over what constitutes
"natural" law and how to
interpret it in diverse
societies.
Example:
International human rights laws
against practices like slavery and
torture are often justified as
reflecting a universal natural law
that transcends individual
cultural norms.

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7. Egalitarian Theory of
Justice
Proponent: Ronald Dworkin
(among others)
Fundamental Principle: Justice
as the pursuit of equality in
opportunities and, to some
extent, outcomes.
Conceptual Framework:
• Core Idea: A just society
minimizes arbitrary
inequalities and ensures fair
chances for everyone to
succeed.
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• Philosophical
Underpinning: Tied to
liberal egalitarianism, this
theory grapples with
balancing individual
freedoms and social
equality.
Main Features:
• Equality of Opportunity
vs. Outcome: Debates
whether justice requires only
fair chances or also equitable
results.
• Resource Distribution:
Ensures that social
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institutions provide
necessary support to level
the playing field.
• Criticisms: Potential trade-
offs between efficiency and
fairness, and disagreements
on how much inequality is
permissible.
Example:
Implementing a universal basic
income to ensure everyone has a
financial floor, alongside
policies like affirmative action to
mitigate systemic disadvantages
in education and employment.
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8. Restorative Justice Theory

Proponents: Howard Zehr, John
Braithwaite
Fundamental Principle: Justice
as the process of repairing harm
and restoring relationships.
Conceptual Framework:
• Core Idea: Instead of
focusing solely on
punishment, justice should
aim to heal victims,

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reintegrate offenders, and

repair community bonds.
• Philosophical
Underpinning: Rooted in
community-based and
transformative justice
traditions, emphasizing
empathy, accountability, and
reconciliation.
Main Features:
• Victim-Centered:
Prioritizes the needs and
healing of victims.
• Community Involvement:
Engages all stakeholders—
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victims, offenders,
community—in the justice
process.
• Criticisms: Challenges in
applying restorative
methods in severe crimes,
and balancing restorative
aims with accountability.
Example:
After a minor theft, the offender
participates in mediated dialogue
with the victim, apologizes, and
undertakes community service to
restore trust and make amends.

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If you found this post insightful and

would like to explore more on such
legal concepts, connect with me on
LinkedIn.
------By Dr Neel Mani Tripathi
(PhD and Postdoctoral in Law)

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