The justice is a precept which began to be used years before Christ, to show fairness before a court and an executioner who dictated sentences regardless of whether these were fair or not. In a concrete way, it can be ensured that impartiality is a constant and perpetual will to give each one what is due. This very generic idea makes sense in two types of justice, the commutative and the distributive.
What is justice
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The definition of justice is related to the values that are instilled in society, which seek a common good for all citizens. It is not a law that can regulate the behavior of individuals throughout the planet, but a precept that starts from the premise of giving everyone what they really deserve according to their acts and behaviors. Fairness is also known as fairness, it is part of the law and is represented by the goddess of justice.
What is known as commutative justice is based on a principle of reciprocity and requires a proportional equivalent in return. on the other hand, the distributive, which refers to solidarity and equality among all humans, what is fair, what is for everyone and that must be distributed as such to comply with this principle.
For legal scholars, it is normal to think of the courthouse when talking about the term, since it is there, specifically in the supreme court of justice, where decisions are made that can change the lives of citizens (for better or better). for bad, all according to their actions). It is about defense and justice, exercising fundamental rights and proving the innocence or guilt of the subjects. As examples of justice, there are sentences issued by national courts, laws, etc.
In the concept of justice, we speak of a set or group of criteria that establish a certain type of treatment to apply both to people and to institutions. These guidelines may contain prohibitions and authorizations in society. For example, if a person acts badly or in a negative way, one way to be fair is to carry out a punishment. The reprimanded subjects, in one way or another, understand that there are established behaviors and that they must be followed. The meaning of justice encompasses many elements and all of them will be explained in this post.
The origin of justice
The concept of justice starts from different premises, with Greek and Roman origins and from religious and even philosophical points of view. Thanks to each of these aspects, there is currently a very accurate definition of justice. If we talk about the philosophical part of justice, then we must mention ethics, morals and good customs that every citizen should have. To have a broad notion of this conceptualization, virtue must be considered as an innate inclination to give each person what is really due.
We must also take into account the will which, in turn, is considered as the rectitude of a subject. Saint Thomas Aquinas said that just people were not those who knew what was good or what was bad, but those who acted peacefully, respecting their environment and behaving as society expected. For him, everything is based on the mental rectitude of a person, that is, on the will that accompanies him from the moment he can use his reason, until the last day of his life.
If all this is analyzed, it is quite clear that the reason or the origin of impartiality according to philosophy is objectivity. Now, if it is analyzed from the Roman conceptualization, what is fair is defined by Ulpiano as a constant will to grant or give each person the right that corresponds to him. This went beyond social reciprocity, but the legal benefits or penalties that the subjects would have. Ulpiano established several rules to follow in order to live together in harmony and keep society in complete order.
These rules were based on behaving properly, not acting with malice or malice in front of other people, still less doing harm to citizens. Finally, it established that all comply and enforce these rules and the rest of the laws created at that time, because only then would they receive the same treatment in return. On the other hand, if they did everything contrary to what was stipulated, people would only receive punishments, in this way, he captured what he called justice. From here, equity was taken into account for the elaboration of laws in Rome and the world.
On the other hand, there is the Greek conceptualization, which refers to the morals and good customs of the individuals of a society. It has a lot to do with religious views, in fact it has a lot to do with Christianity and the Old and New Testaments. This point of view goes beyond law or morality, since it speaks of the relationship between God and the humans that he himself created. It is about sincerity, trust, faithfulness and the fulfillment of God's will on earth.
One cannot speak of what justice is without mentioning the etymology of the Old Testament. The written references speak of equity as a benevolent act of God, an action that God establishes to keep humanity safe from sin. Of course, this action is conditional on rules that each person in all humanity must comply with, these are the well-known 10 commandments delivered or notified in the Alliance that was celebrated between God and the Israelite people. In the Old Testament, justice is divine and manages to involve faithfulness in conjunction with salvation.
In addition, for many it is not congruent to explain what justice is without making references to the new testament, which maintains the essence of the fairness of the old testament, but acquiring a deeper aspect, very similar to the Roman conceptualization, in which the presence of fidelity and compliance with the rules, but there is also solidity and toughness, both lead individuals to overcome the forces of evil that God seeks to drive away from humanity. Etymologists mention that there are many concepts of justice in the Bible and that none is less valid than the other.
The representation of justice
Who makes the direct representation of the term is the lady of justice, personified by different deities according to the culture. It begins with Egypt in the goddesses Maat and Isis, then in Greek mythology like Temi and Dicea.
Temi was considered the goddess of law, of good customs, of strength. It could be said that it had a lot to do with the law, although finally most people associate the lady of justice with Dicea, as she was portrayed carrying a scale in one hand, the sword in another and a bandage covering her eyes.
The scale represents equity and equality in society, it is what makes everyone see that everyone has what is due. The sword refers to the constant struggle to discover the truth, to enforce the rules and for people to be benefited or judged according to their actions. Finally, the bandage, which represents faith and fidelity in citizens. There is a saying that says that justice is blind, that it does not see age or social status, hence one of the conceptualizations of the blindfold in the immortalized lady.
Types of justice
The objective of separating the term into types or classifications is to be able to regulate people in society, to find the way in which everyone behaves in a certain way and that, in case the subjects do the opposite, they are judged through mechanisms created by an organized society. In this regard, equity can be seen as a remedial means. If a person feels that their will has been violated or falsely judged, they can appeal for some of the 4 types of justice.
Distributive Justice
It is also named economic equity and refers to granting each citizen access to a dignified life, for this, it enables all the resources that direct the subjects to meet that social objective, more specifically, wealth is distributed in equal or equivalent amounts for an entire population or a particular sector. An example of this type is the minimum wage that is earned in most countries of the world.
There are many pros and cons regarding this issue, because although a considerable number strongly agree with this precept, many others think that it is not fair that everyone has the same wealth when there are subjects with more experiences, levels of studies or efforts. It is precisely for this reason that this aspect is debatable and not applicable in all territories of the world. Mexico is one of the countries that does apply this type of justice.
Retributive Justice
Here we are faced with a type of equity in social treatment, that is, it seeks to establish a rule in which citizens are treated properly and in the same way in which they have treated their neighbor. In this aspect, there are many retroactive actions, because just as it benefits those who have acted as society expects it, those who break the rules are also punished, thus implementing a scale in which equity is the main prize. Here the law has a fairly close relationship with justice.
It is through the law that action is taken on the matter, solutions are sought and punishments are applied, in this way both national and international laws are achieved (Laws on human rights, war crimes, corruption, etc.).
Procedural justice
Here the impartiality of the laws is highlighted regardless of the territory or the crime that is committed. There is a concern in decision making and in the implementation of benefits or punishments according to people's behavior. Procedural fairness is based on equality, in that no one is more than anyone else and that regardless of their social status, everyone will receive the treatment that they themselves have expressed.
In this aspect, the intervention of the law is also seen, since a person needs the ability to exercise his will and be impartial, but also another who can represent the person who has broken the law, so that he can defend him. But this figure is also present in government tactics, specifically when a decision is to be made that involves the participation of citizens. Here, defense and justice go hand in hand.
Restorative Justice
This is the complete opposite of retributive justice, since its main objective is to pay close attention to the victim, ensuring their safety, well-being and fundamental rights. This type is more subjective, since far from seeking the welfare of an entire nation, it focuses on the quality of life of crime victims. It is really because of the final detail that these subjects are very important in any restorative operation, since they are the ones who establish what measures to take, what rights must be restored and the obligations of the subjects who violated the laws.
From the point of view of people who violate the laws, they are taught that the rules should not be violated, this is done through a conciliation between the victims and the perpetrators, only then can they be held responsible for the damage caused. In the event that the conciliation does not end and punishments are warranted, these tend to be varied according to the territory in which it is applied, but generally they are fines, imprisonment, prison, etc.
Justice and citizen values
From the beginning, justice is defined as a set of values that are applied and rewarded in society. These are the basis, the genesis, the principle of good coexistence in a certain locality and that, little by little, is expanding until it covers the whole world. In citizen values, justice is applied in all its definitions, for example, when talking about citizen participation, the fact of making small or large contributions to promote the common good is mentioned, it is an act of good will to improve the quality of life.
There is also transparency and this is an original action of government authorities. In this value, they undertake to act publicly, thus avoiding misuse of the resources or power that they possess and can satisfy the needs of the groups. With regard to the misuse of resources, references are made to state secrets, inefficiency, ineffectiveness, arbitrary discretion on issues that should be public, and abuse of power. When the authorities act with transparency, society coexists in complete harmony.
The tolerance is also part of civic values and this is based on respect people for what they are, what they do and what they can do. It is one of the fundamental social norms and the main basis of justice. Tolerance is a complex combination of respect and equality and goes hand in hand with the main precepts of justice.
Finally, honesty, the courage to recognize that there are good and bad things, the ability to know which of the works that correspond to us and which will have consequences in people's lives. This is part of the conscience, more moral than civic, to be sincere with the actions that are committed on a daily basis.
All these, together, make up the value of justice and the importance that surrounds it in a locality, country and the entire world. All these values go hand in hand, one cannot exist without the presence of the other and that is what predominates.
What is social justice
Aristotle and other scholars, believed that social justice is actually the type of distributive justice applied in many countries, however, the term was born from the social injustice that spreads in the world. The main theme of social justice is equality in all its categories, conceptualizing the term as a way of granting all citizens the same benefits regardless of their economic status, or referring to human dignity, it is simply provided to all, equally, the same benefits and rights according to government parameters.
Collective justice promotes respect and equal acceptance among all citizens, focusing its objectives on the distribution of rights and benefits in a totally equitable manner.
Examples of social justice include the goods and services that everyone needs to live with dignity, education and, lastly, human rights. Over the years, this type of justice has taken on a lot of prominence in the world, which is why the UN established February 20 as the international day of social justice.
Social justice According
The capitalism
Unlike justice, capitalism is not a creation of human beings, it has not been deliberate, on the contrary, it is part of human spontaneity and the need to have more at economic and social levels. Justice has limits, it tries to establish an approach in which everyone has the same in many aspects and capitalism is the opposite. It takes a large number of people or bodies to make decisions, which is why, in practice, there are too many companies that act as competition. Capitalism is expansion and particular vision.
Socialism
The two share several outstanding elements in terms of terminology, in fact, the element they have in common (and the most important, it should be noted) is that of this equality, however, in socialism, this only applies in a hypothetical way, since there are no records that equality or collective justice is actually successfully fulfilled in any country. There is always something that ends up destroying the attempt at collective justice and this has not only happened in this century but in previous ones.
Justice speaks of giving each one what is due and within the social point of view, it is carried out in an equitable manner. This idea has always wanted to be applied by socialism, but it has never been able to materialize.
Liberalism
In this regard, it is important to highlight that liberalism seeks, worth the redundancy, to give individuals the freedom to do with their lives (in social and economic terms) what they believe is the best way to live, that is, here there is no State intervention. In social justice, the State is the main benefactor, it intervenes in the economy and in social aspects such as marriage. Both terms are applicable.
Communism
In this aspect it can be said that there are many similarities in socialism, in addition to sharing many aspects of justice. The problem is that in communism the figure of private companies does not exist, there are no social classes, there is no private property, there is no State.
Social Justice in Mexico
Collective justice can be applied in different countries, Mexico, for example, is one of them, but since perfection is never found in the measures applicable by governments in power, this term has not achieved the expected success. You cannot speak of collective justice in a territory when poverty rates increase instead of decreasing.