Justice

Article

January 20, 2022

Justice (from the Latin iustitĭa, which, in turn; comes from ius —law— and means in its own meaning "what is fair") has several meanings in the Dictionary of the Spanish language.[1] It was born from the need to maintain harmony among members. It is the set of guidelines and criteria that establish an adequate framework for relations between people and institutions, authorizing, prohibiting and allowing specific actions in their interaction.

Etymology

Apart from what has been given in the entry of the article, since certain authors do not agree with this etymological root, the different opinions about it are revealed: On the one hand, the root is linked to other names of religious meaning and origin such as: iurare, iovis or jupiter, or iuramentum, which is why the Romans believed that law and justice were a gift from divinity. However, the Romans perfectly distinguished between the legal sphere —ius— and the religious or moral sphere —fas—. Other authors opt to derive from the Sanskrit root yoh, as coming from a deity or something sacred; others estimate that it derives, also from the Sanskrit root yu, which is related to an "obligatory bond".[2] This set of criteria or rules has a cultural basis and, in most modern societies, a formal basis, which intervene within the same concept and are explained as follows:[3] The cultural foundation is based on a broad consensus among individuals in a society about what is right and wrong and other practical aspects of how relationships between people should be organized. It is assumed that in every human society, the majority of its members have a conception of what is just and it is considered a social virtue to act in accordance with that conception. The formal basis is the formally codified in various written provisions, which are applied by judges and specially designated persons, who try to be impartial with respect to the members and institutions of society and the conflicts that appear in their relationships.

Concept

The concept of justice can be explained from various points of view: ethical, moral, as a virtue, philosophical, religious, law and several more. Some of them are presented below.

From the philosophical point of view

The study of justice from the philosophical point of view corresponds to Moral Philosophy and Ethics. In them, justice is defined as the cardinal virtue that resides in the will through which the person is inclined to give each one their due, either individually, as a society or as groups of people, members of society.[ 4] To better understand this definition, it is necessary to make some clarifications: Justice is a virtue and "the characteristic of all virtue and habit is to be a disposition that inclines in a firm and permanent way to its acts".[5] Justice, as indicated, is a cardinal virtue, a main virtue, since the person's moral life revolves around it.[4] It is a virtue that resides in the will, that is, in the "rational appetite" as Saint Thomas Aquinas indicates; it is not just who "knows" what is right but who acts rightly.[6] For this reason, justice is in an appetitive faculty and since it cannot be rooted in the sensitive appetite, it resides in the rational appetite, that is, at will.[5] It is a virtue in which, by inclining to give each one his own, objectivity predominates.[2]

Proper and metaphorical sense of justice

The proper sense of justice requires that there be an enforceable debt, that there are different people since it can be fair or unfair with respect to another, that it must be a different and independent person from the one who practices justice, or injustice and, finally, that there is equality between both people. Therefore, the relations of ju

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