Name: Adegoroye Adebimpe Oluwafeyikemi

Matric No: RUN/LAW/22/12487

Department: LAW
Question: Discuss the Notion of justice in terms of distributive
and retributive justice.
Justice is the principle of ensuring fairness and moral correctness in the allocation of
opportunities, resources, and penalties throughout society. It involves treating all individuals
equitably and without bias, irrespective of their societal status, personal attributes, or
background.

According to Oxford Academia, Aristotle views justice as the important virtue in the ideal
state, since it aims for the common interest of a community 1. He argues for two distinct
virtues: general and special justice. General justice is concerned with the good of others,
specifically the common good of the political community. Special justice is concerned with
equality and fairness, and the avoidance of pleonexia — greedy encroachment of the goods
justly assigned to others. Also, Plato defines justice as an order and duty of the parts of the
soul, it is to the soul as health is to the body.

According to these scholars, especially Plato, they emphasized on the main effect of justice of
which I agree to. It was said that there is a drive in every individual to live a good life, of
which justice is a main factor to achieving such 2. Although the definition of justice is
subjective, justice is naturally based on morals and conscience. It is what is regarded as good,
equitable and fair. However, through development, law has been the backbone of justice
rather than morals because of subjectivity. The importance of justice cannot be disregarded in
a society . In fact, laws cannot function unless there’s is justice. Some of its function between
the societal framework are:

1. Social control and order: A society who upholds the principles of justice will ensure
there have peace and orderliness . In addition, will be crime and tyrant free.
2. Protection of Rights: Justice safeguards the fundamental rights and freedoms of
individuals, including the right to life, liberty, property, and due process. It ensures
that people are not subjected to discrimination, oppression, or exploitation.
3. Upholding Rule of law: Justice ensures that individuals are treated fairly and
equitably within society regardless of their background, status, or identity. It promotes
equal opportunities and rights for all members of the community.
4. Accountability and Transparency: Justice holds individuals, organizations, and
government accountable for their actions and decisions. It promotes transparency in
governance, administration, and decision-making processes, thereby reducing
 corruption and promoting public trust in public institutions. This is what Nigeria is
lacking now.
5. Social solidarity: Justice promotes social cohesion and solidarity by fostering a sense
of shared values, norms, and mutual respect among diverse individuals and groups
within society. It encourages collaboration and cooperation for the common good.
This can even solve tribalism and ethnic wars in a multi ethical country like Nigeria.
Justice has different types such as; Distributive, Retributive, substantive, procedural,
conservation justice amongst others. However for the sake of this work we will be
focusing on Distributive and retributive justice.

A DIVE INTO DISTRIBUTIVE JUSTICE

Distributive justice is a branch of ethics and political philosophy which refers to the equal
and fair distribution of resources, opportunities, and benefits within a society, guided by
principles of equality, need, and meritocracy to ensure fairness and minimize disparities
among individuals and groups. 4 Distributive justice can actually be traced back to the Ancient
Greece and the medieval period, With founding daters like Plato, Thomas Aquinas etc.
However its peak can be traced to the 19 th and 20th centuries because In the 19 th and 20th
centuries, distributive justice became a central concern in political theory, particularly with
the rise of socialism, liberalism, and utilitarianism. Thinkers such as Karl Marx, John Stuart
Mill, and John Rawls made significant contributions to the discourse on distributive justice.
Marx’s critique of capitalism and advocacy for economic equality, Mill’s defence of
individual liberties and social welfare, and Rawls’s theory of justice as fairness all shaped
contemporary debates on distributive justice.

The notion of justice in relation to distributive justice involves the moral and ethical
principles guiding the fair distribution of resources, opportunities, and benefits within society.
It entails ensuring that individuals and groups receive what is considered fair and equitable
based on factors like need, merit, entitlement, and equality. Distributive justice seeks to
address inequalities by providing access to essential goods, services, and opportunities
necessary for a decent standard of living and well-being. In essence, justice within
distributive justice involves applying ethical principles to promote fairness, equality, and
social welfare in the allocation of resources and opportunities among members of society.
This means that, true justice in the eye of distributive justice is where there is equality
especially in the area of resources and basic amenities in the society.
There are certain theories and principles on which distributive justice builds on to ensure that
resources in the society are actually distributed. Some of them are:

PRINCIPLES
 Equality: Equality is one of the major principles of distributed justice. It is a
principle that states that everyone should be given resources equally and also
everyone should be treated equally regardless of their economic, social or political
status. According to Donelson R. Forsyth, Regardless of their inputs, all group
members should be given an equal share of the rewards or costs. Equality supports
that someone who contributes 20% of the group’s resources should receive as much as
someone who contributes 60%.
 Need: The principle states that more resources should be given to those in greater
need. That is those in greatest needs should be provided with resources needed to
meet those needs. These individuals should be given more resources than those who
already possess them, regardless of their input.
 Equity: The main principle of equity is that equity follows the law. When the law is
followed, justice is served. Based on distributive justice, equity involves the fact that
members’ outcomes should be based upon their inputs. Therefore, an individual who
has invested a large amount of input (e.g. time, money, energy) should receive more
from the group than someone who has contributed very little. Members of large
groups prefer to base allocations of rewards and costs on equity.
 Merit: Distributive justice based on merit rewards individuals according to their
contributions, efforts, and abilities. It advocates for a distribution system where
rewards are proportional to one’s talents, hard work, and achievements.
 Fairness: The principle of fairness is based on the fact that people should be treated
fairly and equally and resources should be shared impartially. It involves recognizing
the diverse needs inherent in human experience, fair distribution not only
accommodates varying levels of support to ensure equality of opportunity and
outcome but also demands redress for historical injustices and systemic disparities
that persistently impact marginalized communities.
 Reciprocity: Distributive justice, is not only concerned about the notion that
resources should be shared equally but people should also be able to contribute
 equally and meaningfully to the economy regardless of their financial and social
background. 3

THEORIES OF DISTRIBUTIVE JUSTICE

According to IEP, theories of distributive justice seek to specify what is meant by a
just distribution of goods among members of a society. They are:
 Utilitarianism: Utilitarianism is a theory championed by scholars such as Jeremy
Bentham and John Stuart Mill, it prioritizes the maximization of societal happiness or
utility. In terms of distributive justice, it advocates for resource allocation aimed at
optimizing collective well-being, frequently entailing the redistribution of resources
from the privileged to the underprivileged to enhance overall societal utility.
 Libertarianism: Libertarianism, championed by thinkers like Robert Nozick,
emphasizes individual liberty and minimal government intervention. From a
distributive justice standpoint, libertarians argue that individuals have a right to the
fruits of their labour and voluntary exchanges. Redistribution of resources through
taxation or other means is seen as unjust coercion, infringing upon individual rights.
This means libertarians believe taxation is an unjust act especially in respect to
distributive justice.
 Egalitarianism: Egalitarian theories stand as proponents of equitable distribution,
advocating for parity in resources and opportunities across all individuals.
Egalitarians prioritize the reduction of disparities, striving to guarantee universal
access to fundamental goods, services, and opportunities. To achieve this goal, they
advocate for redistributive policies and interventions aimed at rectifying systemic
injustices and levelling entrenched disparities within society.
 Capabilities Approach: The capability approach is majorly influenced by the work
of Martha Nussbaum and Amartya Sen. It focuses on the capabilities of people and
how it positively influences the economy. In the context of distributive justice, it
involves enhancing individuals’ capabilities to lead lives they value, which may
require addressing inequalities in resources, opportunities, and social structures. 5

However it is be noted that as good as distributive justice seems, it has some

challenges when it comes to implementing it. This includes scarcity of resources
which then will led to inequality in sharing and allocation. Also, there is the issue of
conflicting interests as not everyone will want equality, some will want to be
capitalists that will dominate and exploit others.

ROLES OF DISTRIBUTIVE JUSTICE

1. Fair Resource Allocation: Distributive justice ensures that resources,
opportunities, and burdens are distributed fairly among members of society,
regardless of their background or status.

2. Equitable Access to Basic Needs: It guarantees that everyone has access to basic
necessities such as food, shelter, healthcare, and education, irrespective of their
socio-economic status.

3. Equal Opportunities: Distributive justice promotes equal opportunities for

individuals to pursue their goals and aspirations, regardless of factors like race,
gender, ethnicity, or socio-economic background.

4. Balanced Redistribution: It involves redistributing wealth and income in a way

that reduces inequalities and promotes a more balanced distribution of resources
within society.

5. Protection of Vulnerable Populations: Distributive justice emphasizes the need

to protect and support vulnerable populations, including children, the elderly, and
individuals with disabilities, ensuring they receive adequate care and support.

6. Recognition of Contributions: It acknowledges the contributions of individuals

to society and ensures that they receive fair rewards and recognition for their
efforts and achievements.

A LOOK INTO RETRIBUTIVE JUSTICE

Retributive justice can be defined as a form of justice that is committed to giving
wrongdoers punishment that are proportionate to their crimes. It is what is majorly
 used in the criminal justice system. Its foundation is based on philosophical thinkers
like Immmanuel Kant, who believes in an eye for an eye i.e. whatever an individual
does he should receive. Also, Jeremy Bentham and John start Mill were major
influences of this division of justice. Unlike other forms of justice that may prioritize
rehabilitation or restitution, retributive justice emphasizes the notion of just deserts,
asserting that offenders deserve punishment as a response to their actions. It operates
on the premise that justice demands a proportional and morally appropriate response
to wrongdoing, with the severity of punishment corresponding to the gravity of the
offense. 6 There are various theories that retributive justice acts upon, they are:

THEORIES OF RETRIBUTIVE JUSTICE

The theory of retributive justice posits that offenders deserve punishment proportional
to their wrongdoing, aiming to restore moral balance and uphold societal norms
(Kant, 1785). It emphasizes the principle of “just deserts,” asserting that individuals
merit punishment as a response to their actions. These theories originate from ancient
legal codes like the Code of Hammurabi and philosophical works of thinkers such as
Thomas Aquinas and Immanuel Kant. These theories are:
 Desert theory: In retributive justice, the desert theory states that people should be
punished based on how serious their wrongdoing is. It’s about giving individuals what
they deserve for their actions, regardless of the results. This idea focuses on holding
people accountable for their actions and making sure the punishment fits the crime,
aiming to restore moral balance.
 In retributive justice, the principle of proportionality asserts that the punishment
imposed on an offender should be commensurate with the severity of the crime
committed. This principle ensures that the punishment is neither too lenient nor too
severe but corresponds appropriately to the wrongdoing. It aims to restore balance and
fairness by meting out penalties that are proportional to the harm caused, thereby
upholding the notion of justice and accountability in society.
 The principle of moral balance in retributive justice underscores the notion that the
punishment meted out to an offender should not only correspond to the magnitude of
the offense but also aim to restore the moral equilibrium within society. It entails a
holistic approach to justice, wherein the punishment serves not only to address the
 harm caused by the wrongdoing but also to reaffirm the underlying moral values and
ethical standards of the community.
 The principle of Retributive deterrence: Retributive deterrence involves a careful
balance between recognizing individual responsibility and deterring future
misconduct within society. It’s about ensuring that when someone commits a
wrongdoing, the punishment they receive matches the severity of their actions. This
serves not only to address the harm caused by the offense but also to send a clear
message that unethical behaviour comes with consequences.
 Retributive Rehabilitation: Some proponents of the Retributive justice believe
punishment itself serves as a form of rehabilitation itself. This is because they believe
that most criminals turn a new leaf after punishment. Which makes them reflect on
their actions and pursue goals and rehabilitation. 7

ROLES OF RETRIBUTIVE JUSTICE

 Maintenance of Social Order: Retributive Justice helps greatly in the maintenance of
peace and social order in the society as individuals are afraid to break laws because of
the consequences that follows such actions. 8
 Deterrence: By imposing penalties and punishments , retributive justice helps
individuals to deter individuals from engaging in unlawful activities due to the fear pf
these punishments.
 Promotion of Fairness and Equity: Retributive Justice promotes fairness and equality
because it’s impartial , unbiased, and a respected of nobody. It ensures that
punishment is proportional to severity of the offense and that all individuals are
treated equally under the law
 Facilitation Of Rehabilitation: Retributive Justice provides an avenue for
rehabilitation of criminal offenders. It gives avenue for individuals to reflect on their
actions and also opportunities for personal Growth.
 Protection of human rights of aggrieved persons: Retributive Justice ensures that
people’s right that are being infringed are protected and given Justice, thereby
upholding the notion of justice. 9
 Accountability and Responsibility: Retributive justice holds individuals accountable
for their actions and reinforces the notion of personal responsibility. By facing
consequences for their behavior, offenders are compelled to acknowledge their
wrongdoing and take responsibility for it.

COMPARING DISTRIBUTIVE AND RETRIBUTIVE JUSTICE

In the context of justice, two essential principles guide our quest for fairness and
accountability: distributive and retributive justice. Distributive justice revolves around
fairly distributing resources and opportunities among individuals, while retributive
justice ensures that individuals face suitable consequences for their actions.

Balancing these principles is like solving a complex puzzle. It necessitates

understanding their intersections and addressing real-life challenges. For instance, in
Nigeria, certain communities, particularly those in marginalized regions or with
limited access to resources, often face unequal treatment in the legal system,
Especially the masses, a real life example is Yahoo boys being arrested for scam while
almost nothing is done to most government officials that steal public funds or are into
contract splitting. This calls for the need for imperative reforms to ensure equitable
justice for all citizens.

To achieve fairness, it is imperative to implement policies that address underlying

inequalities, such as poverty and limited educational opportunities. Moreover,
reforming legal systems to uphold accountability and fairness for every Nigerian,
regardless of background or location, is crucial.
In conclusion, achieving equilibrium between distributive and retributive justice
requires understanding, cooperation, and continual adaptation. By drawing lessons
from Nigerian experiences and collaborating effectively, we can build a more just and
equitable society where the rights of every citizen are respected and upheld.

CONCLUSION
In conclusion, justice stands as the cornerstone of law enforcement within any nation,
serving as the bedrock upon which societal order and integrity rest. In societies where
justice is absent or delayed, the efficacy of laws diminishes, rendering them powerless
in maintaining order and safeguarding the rights of citizens. In the context of
 distributive and retributive justice, while these two concepts serve distinct purposes,
they operate symbiotically to uphold the overarching principle of justice.

The significance of distributive justice lies in its role in ensuring equitable distribution
of resources and opportunities among members of society. By addressing disparities
and promoting inclusivity, distributive justice lays the groundwork for fostering social
cohesion and stability. Conversely, retributive justice focuses on holding individuals
accountable for their actions, ensuring that wrongdoers face appropriate consequences
for their transgressions. Through the enforcement of consequences, retributive justice
serves as a deterrent against further wrongdoing, reinforcing the rule of law and
upholding societal norms.

Despite their differences, distributive and retributive justice share a common goal: to
uphold the principles of fairness, equality, and justice within society. While each
approach may have its limitations and imperfections, they represent indispensable
pillars in the pursuit of a just and equitable society. By striving to address systemic
inequalities, ensuring accountability, and upholding the rights of all individuals,
distributive and retributive justice collectively contribute to the preservation of
societal harmony and the protection of individual liberties.

REFRENCES
1. Oxford Academia, Aristotle’s First Principle, Justice.
2. https://www.drishtiias.com/blog/platos-theory-of-justice
3. Rawls, J. (1971). A Theory of Justice. Harvard University Press.
4. https://www.thoughtco.com/what-is-distributive-justice-5225377, Distributive justice
5. Internet Encyclopaedia of Philosophy, Distributive justice
6. Stanford Encyclopaedia of Philosophy, Retributive justice
7. https://fastercapital.com/content/Retributive-Justice--Tit-for-Tat-and-Retributive-
Justice--An-Analysis.html, Retributive justice
8. Garland, D. (2001). The Culture of Control: Crime and Social Order in Contemporary
Society. University of Chicago Press.
9. Braithwaite, J. (2002). Restorative Justice & Responsive Regulation. Oxford
University Press.