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The principles of justice and fairness can be thought of as rules of "fair play" for issues of social justice. Whether they turn out to be grounded in universal laws or ones that are more context-bound, these principles determine the way in which the various types of justice are carried out. For example, principles of distributive justice determine what counts as a "fair share" of the public assets, while principles ofretributive or restorative justice shape our response to activity that violates a society's rules of "fair play." Social justice requires both that the rules be fair, and also that people play by the rules. People often frame justice issues in terms of fairness and invoke principles of justice and fairness to explain their satisfaction or dissatisfaction with their state or government.[3] They want institutions to treat them fairly and to operate according to fair rules. What constitutes fair treatment and fair rules is often expressed by a variety of justice principles.
produce more or better products...either by working harder, or by being more talented, this argument goes, should be paid more for their efforts than should people who produce less. Note that this sort of distribution may not succeed in meeting the needs of all members of society. In addition, the idea that justice requires the unequal treatment of unequals is in tension with the principle of equality. This principle of egalitarianism suggests that the fairest allocation is one that distributes benefits and burdens equally among all parties. If there are profits of $100,000, and 10 people in the company, the principle of equality would suggest that everyone would get $10,000. This principle, however, ignores differences in effort, talent, and productivity. Also, because people have different needs, an equal initial distribution may not result in an equal outcome. A principle of need, on the other hand, proposes that we strive for an equal outcome in which all society or group members get what they need. Thus poor people would get more money, and richer people would get less. This principle is sometimes criticized because it does not recognize differences in productive contributions or distinguish between real needs and manifested needs. Some have suggested that equity, equality, and need are not principles adopted for their own sake but rather ones endorsed to advance some social goal.[5] For example, while equity tends to foster productivity, principles of equality and need tend to stress the importance of positive interpersonal relationships and a sense of belonging among society members.
It may seem to be a simple matter of common sense that justice is central to any well-functioning society. However, the question of what justice is, exactly, and how it is achieved are more difficult matters. The principles of justice and fairness point to ideas of fair treatment and "fair play" that should govern all modes of exchange and interaction in a society. They serve as guidelines for carrying out justice. Not surprisingly, each of the principles of justice and fairness can be applied in a variety of contexts. For example, the principle of dessert applies not only in the distribution of wealth, but also in the distribution of punishments. Likewise, the principles of impartiality and consistency might apply to both an economic system and a decision-making body. And the principle of need plays a central role in both distributive and restorative justice. In addition, we can also understand conflict in terms of tension that arises between the different justice principles. Conflict about what is just might be expressed as conflict about which principle of justice should be applied in a given situation or how that principle should be implemented.[10] The ways of thinking about justice can have conflicting implications, leading to disputes about fairness. For example, some believe that an equitable distribution is the most fair, while others insist that a society's assets should be allocated according to need. A conflict may arise surrounding whether to base their economic system on equal opportunity or social welfare. Similarly, some believe that those who violate the rights of others should receive their just desserts, while others believe that our focus should be on the needs of victims and offenders. A conflict may arise about whether a retributive or restorative justice mechanism is most fair. When principles of justice operate ineffectively or not at all, confidence in society's institutions may be undermined. Citizens or group members may feel alienated and withdraw their commitment to those "unjust" institutions. Or, they may rebel or begin a revolution in order to create new institutions. If justice principles are applied effectively, on the other hand, that society will tend to be more stable and its members will feel satisfied and secure.
[1] James. W. Vice, "Neutrality, Justice, and Fairness," (Loyola University Chicago, 1997). [2] Nicholas Rescher, Distributive Justice. (Washington, D.C.: University Press of America, Inc., 1982), 5. <http://books.google.com/books?id=KCm4QgAACAAJ>. See also Rescher's Fairness: Theory & Practice of Distributive Justice (Transaction Publishers, 2002). <http://www.amazon.com/Fairness-Theory-Practice-DistributiveJustice/dp/0765801108>. [3] Tom R. Tyler and Maura A. Belliveau, "Tradeoffs in Justice Principles: Definitions of Fairness," in Conflict, Cooperation, and Justice, ed. Barbara B. Bunker and Jeffrey Z. Rubin, (San Francisco: Jossey-Bass Inc. Publishers, 1995), 291. <http://www.amazon.com/Conflict-Cooperation-Justice-Inspired-Deutsch/dp/0787900699>. [4] For a discussion of justice in a recent, global context, see: Chris Armstrong, Global Distributive Justice: An Introduction (Cambridge University Press, 2012). <http://books.google.com/books?id=LJU0djAZ1osC>. [5] Robert Folger, Blair H. Sheppard, and Robert T. Buttram, "Equity, Equality, and Need: Three Faces of Social Justice," in Conflict, Cooperation, and Justice, ed. Barbara B. Bunker and Jeffrey Z. Rubin, (San Francisco: JosseyBass Inc. Publishers, 1995), 262. <http://www.amazon.com/Conflict-Cooperation-Justice-InspiredDeutsch/dp/0787900699>. [6] Folger, Sheppard, and Buttram, 272. [7] Folger, Sheppard, and Buttram, 272. [8] Folger, Sheppard, and Buttram, 273. [9] Tyler and Belliveau, 297.
[10] Morton Deutsch, "Justice and Conflict," in The Handbook of Conflict Resolution: Theory and Practice , ed. Morton Deutsch and Peter Coleman (San Francisco: Jossey-Bass Publishers, Inc., 2000), 54. More recent edition (2011) available here.
Use the following to cite this article: Maiese, Michelle. "Principles of Justice and Fairness." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: July 2003 <http://www.beyondintractability.org/bi-essay/principles-of-justice>.