Topic : Does justice consist in giving each person what is rightfully theirs?

Introduction

Justice is a central concept in human life: it organizes our relationships, defines the rights and duties of each person, and seeks to maintain balance between individuals. Since Antiquity, it has often been defined as the art of “giving to each what is due to them” (a definition attributed to Ulpian, Roman jurist). But is this idea sufficient? Giving each person what is rightfully theirs assumes we already know what each person deserves — yet that itself is a question of values and principles. Furthermore, is justice limited to distribution, or does it aim at a broader moral ideal?

Problematic question:
Is justice simply about assigning rights and goods to individuals, or does it also require equality, fairness, and recognition of human dignity?

I — Justice as the fair distribution according to each person’s rights

  • Classical definition: “to give each what is due to them.” Distributive justice (Aristotle) = proportional allocation based on merit or contribution.
  • In society, each should receive according to what belongs to them: salary for work, punishment for wrongdoing, reward for merit.
  • This conception underlies positive law: legal systems determine what each person is entitled to (property, freedoms, responsibilities).

II — But mere distribution can be unjust if it ignores real equality

  • Starting conditions are unequal; giving each “what they deserve” may reinforce injustice.
  • Rousseau criticizes inherited social inequality: true justice requires correcting imbalances of power and wealth.
  • John Rawls (A Theory of Justice): society must be organized so that the least advantaged benefit; what is just is not only what is legally due but what ensures fair equality of opportunity.

III — Justice goes beyond distribution to uphold universal moral values

  • Justice also protects dignity and freedom. Sometimes giving what is “legally due” is morally wrong (e.g., racist or discriminatory laws).
  • Justice requires critical thinking about laws themselves: Antigone defies a legal order that contradicts moral justice.
  • True justice tends toward fairness, respect for fundamental rights, and even fraternity among human beings. Kant: every person has unconditional worth — dignity, not just price.

Conclusion

Justice cannot be reduced to a mechanical distribution of what is due; it must question laws, correct inequalities, and uphold each person’s dignity. It is both the respect for legal rights and the pursuit of a universal moral ideal.

Categories

Laisser un commentaire

Votre adresse e-mail ne sera pas publiée. Les champs obligatoires sont indiqués avec *