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College essay sample on the topic Justice and the Constitution

The principles of distributive justice by definition tell us to treat like cases alike, or give each individual his or her due. But what makes cases alike, or in virtue of what does an individual have something due? This is the question of specifying the criteria of justice. Theories of justice standardly agree on the formal definition that justice treats like cases alike, or gives each individual his or her due; they differ in their accounts of the criteria of justice. For example, Aristotle specifies the criteria of justice in terms of certain aristocratic capacities of mind, thought, and action. In this view, persons are to receive goods in accord with their capacities for certain kinds of elevated intellectual reflection, artistic creativity, and noble and courageous actions. Accordingly, since people differ in their intellectual, artistic, and courageous capacities, they differ correspondingly in moral worth. Certain individuals are natural slaves; lacking all capacity for intellectual, artistic and courageous achievement, they have no intrinsic moral worth, having moral worth only insofar as they advance the fulfillment of the lives of those who have moral worth. On such grounds, Aristotle, followed by Nietzsche, justified slavery and the subjection of women (who have moral capacities less than those of men, and greater than those of slaves, according to Aristotle). On the other hand, other theories of justice, agreeing with the formal definition given by Aristotle, have proposed quite different criteria of justice. For example, the natural rights tradition, developed by Locke, Rousseau, and Kant, agrees that justice is a kind of equality, giving each individual his or her due. However, these theorists specify the criteria of justice in terms of a fundamental human equality, by which forms of slavery are intrinsically unjust.

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