We explain what distributive justice is, its origin and examples. Furthermore, what are retributive justice and commutative justice.
Distributive justice
In law, a form of justice that deals specifically with the correct distribution of goods and burdens in a society determined. That is, it refers to the way in which a society distributes benefits, duties and opportunities, with a view to economic activity.
Distributive justice studies the way in which, at a moment in history, the goods of a society are distributed, to determine whether it is fair or acceptable. It is a very common concept in the philosophies of egalitarianism, which defend the need for society to grant each individual exactly the same, although these positions have been criticized for stripping the individual of all responsibility for their economic decisions.
However, in every society, instances of distributive justice are required, which ensure the equitable distribution of goods, and thus avoiding the construction of brutally unequal societies in which social peace is precisely impossible. There are many ways of understanding this model of justice, not all of them focused on the distribution of material goods.
The Greek philosopher Aristotle (384-322 BC) dealt with distributive justice in classical antiquity, but Its most prominent theorist in history was the American John Rawls (1921-2002), for whom the notion of justice was inseparable from the notion of equity.
See also: Social justice
Examples of distributive justice
Some simple examples of the application of distributive justice are the following:
- Appraisal and tax systems which demand contributions from all citizens of the country, according to the percentage they are capable of facing: the poor, less, the rich, more. In this way, an attempt is made to balance the socioeconomic balance.
- Social opportunity programs in which the State or private organizations offer free, quality study and training opportunities to individuals from low social strata, as a way to help them ascend socially.
- The public health system intended to serve the poor, rich and middle class equally, so that access to medical solutions and health information is not exclusive to any social class.
Retributive justice
Retributive justice is a conception of justice that focuses on proportionate retribution for crime, that is, on impart just and deserved punishment to those who break the law.
For this, there are principles of proportionality of the punishment applied, which obey a moral idea of justice, rather than a utilitarian sense that sees in the application of justice something capable of producing specific benefits or harms. This justice focuses on the punishment of the crime, with the purpose of mitigating or disappearing the crime through exemplary sanctions, that is, of making the punished criminal an example for the entire society.
Commutative justice
For its part, commutative justice (from the Latin I will commute“exchange”), is the one that focuses on business relationships and transactions with the purpose of making them a fair, equitable and peaceful exercise.
It is distinguished above all from distributive justice in that it does not take into consideration at all the particularities of each individual involved, but rather focuses on the justice of the transaction itself, that is, that it be done in accordance with the law and without violating any of the parties.
According to Thomas Aquinas (1224-1274), this last difference is explained because distributive justice regulates the relationship of the community with each of its members, while commutative justice regulates the relationship of one individual with another.
Continue with: Symbol of justice
References
- “Distributive justice” on Wikipedia.
- “Retributive justice” on Wikipedia.
- “Commutative justice” on Wikipedia.
- “Distributive justice” by Shelsy Martínez Quintero at the Catholic University of Colombia.
- “Justice, commutative justice, distributive justice, electoral law, suffrage, laws, common good (ruling)” in the Ministry of Justice and Human Rights of Argentina.
