Justice Corrective Definition Francais

For Aristotle, commutative justice is „special” justice that regulates exchanges according to the principle of arithmetic equality between persons who are themselves considered equal. [ref. needed] Distinction between distributive justice, corrective justice and commutative justice. The justice that prevails over the distribution of honor and wealth is based on proportional equality between people and property, and not on arithmetic equality, as in the case of economic justice, which requires corrective action on the part of public finances. It should be noted, however, that this systematic search for balance is enshrined in the Basic Law (art. 110). This is a requirement that could sometimes force some hypocrisy: we would Read more). It does so according to the merit of each: it is therefore unequal and folds in geometric proportions. The second variant, commutative, is based on a strict equality relationship independent of the people involved. It becomes corrective when a crime has destroyed the equality it must restoreRead more Unlike distributive justice, which deals with the respective value of people and their unequal merits, it establishes an equivalence between things and things. Distributive justice is justice based on the merit, will, or needs of each individual.

Commutative justice ignores the differences between individuals and gives everyone an equal share. It is important to know the different theories on which the justice system is based. Here are the types of justice.1) Corrective justice According to the theory of corrective justice, one person has a moral responsibility to harm someone else, and the other`s injury must be repaired. That is, morality makes compensation necessary. Responsibility in such cases is defined by the relationship between the two individuals, regardless of the consequences beyond rectification, which itself constitutes justice. For this reason, there is now the category of law that deals with tort liability. An earlier account of corrective justice appeared in Aristotle`s book The Nicochomachian Ethics, in which Aristotle discusses transactional injustice committed by one of the two parties involved in a voluntary or involuntary transaction. His theory dealt with the imbalance caused by injury. Corrective justice restores the status quo.2) Criminal justice The theory of criminal justice, reflected in the popular expression „an eye for an eye,” is based on the principle of lex talonis, or the law of counter-attack, which is a proportionate punishment in response to harm to others. This applies first and foremost to criminal law and the need for punishment.

Criminal justice is about blaming and punishing those who have violated the moral norm of society. This type of justice is mainly applied to the penitentiary systems of several countries. Traditional criminal justice punishes the violation of a legal norm and emphasizes the abstract responsibility of the offender. Crime is an act that undermines the state. The State is therefore considered the main victim. This can be viewed from an ethical perspective (as an intrinsic goal, an appropriate response to morally reprehensible behavior) or from an angle that focuses on the utilitarian function (a means to achieve useful social goals such as public safety and appeasement).3) Distributive justice The theory of distributive justice refers to the correct allocation of resources, income, wealth, opportunities, etc. Distributive justice aims to distribute the common good in proportion to individuals. The following quote from Karl Marx illustrates this perspective: „From each according to his abilities, to each according to his needs.” To redistribute wealth, the government can raise taxes. Visions of distributive justice hardly occur in reality today, because the essential measures to combat poverty in the world are not favorable to capitalist competition in the world market. Some debates about distributive justice arise about auto insurance and workers` wages. There is disagreement about how the cost of injuries should be allocated.

Should all members of the group pay premiums or fees for those who suffer from the injuries? If all members contribute to the funds, the few unfortunate injured will not have to bear the full burden of medical expenses. Distributive justice, on the other hand, is an arbitrary concept because it depends on each individual`s concept of merit. For Aristotle, „people recognize indeed that justice in distribution must be based on merit of one kind or another, although not all mean the same merit, the democrats who let them exist in a free state, the followers of oligarchy, either in wealth or nobility of birth, and the defenders of aristocracy in virtue.” Distributive justice is therefore subject to interpretation and arbitrariness, and it is the political community that aims to establish the just, which is a question of proportions, where „proportion is an equality of relations and presupposes at least four concepts”, which is disproportionate.