Aristotle's Justice: Distributive vs. Corrective
Exam Snapshot
Aristotle's theory of justice, primarily from his Nicomachean Ethics (Book V), is a foundational concept in jurisprudence frequently tested in LLB entrances. Focus on understanding the core distinction between Distributive and Corrective Justice, their underlying principles (geometric vs. arithmetic proportion), and how they apply in legal contexts.
Core Concept
- Distributive Justice: Concerns the fair allocation of goods/offices. It follows geometric proportion—equals treated equally, unequals treated unequally according to merit (axia).
- Corrective Justice: Aims to restore equilibrium after a wrongful act or imbalance in transactions (voluntary or involuntary). It follows arithmetic equality—rebalancing loss and gain regardless of social status.
Nepal Law Anchors
- Distributive Justice: Found in provisions for affirmative action (reservation) in the Constitution (e.g., Art. 18, Art. 42), ensuring proportional treatment for marginalized groups.
- Corrective Justice: Evident in civil and criminal codes providing for damages, restitution, and penalties to rectify harm (Muluki Codes 2074).
Confusable Terms
| Term | Description | Principle |
|---|---|---|
| Distributive | Allocation of common goods | Geometric Proportionality |
| Corrective | Rectifying imbalances/wrongs | Arithmetic Equality |
MCQ Traps
- Proportionality Mix-up: Remember Distributive = Geometric (DG); Corrective = Arithmetic (CA).
- Merit Misunderstanding: Distributive 'merit' isn't simple equality; it's proportional equality based on worth/contribution.
- Phrasing: Look for 'allocation of honors' (Distributive) vs 'restoring status quo/damages' (Corrective).
Example
- Distributive: Government scholarships awarded based on economic need and merit.
- Corrective: Court ordering a thief to return stolen goods or pay compensation to the victim to restore balance.
Memory Hook
Think of DG for Distributive-Geometric (distributing grades) and CA for Corrective-Arithmetic (correcting accounts).
Quick Revision
- Distributive: Geometric, merit (axia), public good allocation.
- Corrective: Arithmetic, equality, rectifying transactions/wrongs.
- Key phrases to look for:
- For Distributive Justice: focus on merit (axia) and proportional allocation (e.g., public offices, resources).
- For Corrective Justice: focus on arithmetic equality and restoration of the status quo (e.g., damages, compensation, reversing theft).