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#Justice #law #edit  Justice In its broadest sense, justice is the treatment of individuals fairly. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a 6th-century codification of Roman law, where justice is defined as
#Justice #law #edit Justice In its broadest sense, justice is the treatment of individuals fairly. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a 6th-century codification of Roman law, where justice is defined as "the constant and perpetual will to render to each his due".[1] A society where justice has been achieved would be one in which individuals receive what they "deserve". The interpretation of what "deserve" means draws on a variety of fields and philosophical branches including ethics, rationality, law, religion, and fairness. The state may pursue justice by operating courts and enforcing their rulings. Early Western theories of justice were developed in part by Ancient Greek philosophers such as Plato in his work The Republic, and Aristotle, in his Nicomachean Ethics and Politics. Modern-day Western notions of justice also have their roots in Christian theology, which largely follows the divine command theory, according to which God dictates morality and determines whether or not an action is seen as morally "good". This, in turn, determines justice.[2] Western thinkers later advanced different theories about where the foundations of justice lie. In the 17th century, philosophers such as John Locke said justice derives from natural law. Jean-Jacques Rousseau was a prominent advocate of social contract theory, which holds that justice arises from a mutual agreement among members of society to be governed within a political system. Modern frameworks include concepts such as distributive justice, utilitarianism, retributive justice and restorative justice. In broad terms, distributive justice considers what is fair based on what goods are to be distributed, between whom they are to be distributed, and what the proper distribution is, utilitarian theories look forward to the future consequences of punishment, retributive theories look back to particular acts of wrongdoing and attempt to match them with appropriate punishment, and restorative theories look at the needs of victims and society and seek to repair the harms from wrongdoing. Theories of retributive justice say justice is served by punishing wrongdoers, whereas restorative justice (also sometimes called "reparative justice") is an approach to justice that focuses on the needs of victims and offenders. Many have claimed that justice is a part of natural law.[25] Natural law[26] is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory[27] asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with positive law (as in legal positivism),[28] which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Aquinas argues that because human beings have reason, and because reason is a spark of the divine, all human lives are sacred and of infinite value compared to any other created object, meaning everyone is fundamentally equal and bestowed with an intrinsic basic set of rights that no one can remove. Modern natural law theory was used in challenging the theory of the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government—and thus legal rights—in the form of classical republicanism. John Locke was a proponent of natural law, stressing its role in the justification of property rights and the right to revolution.

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