Module 1: Foundations of Justice

1. Why Theories of Justice Matter

What should society aim for? Fairness? Happiness? Liberty?

Justice cannot be achieved without first deciding what kind of justice we want. Throughout history, philosophers have proposed competing theories—each with strengths, blind spots, and consequences.

This lesson surveys five major schools of thought that still shape laws, governments, and conflicts today.

2. Utilitarianism: The Greatest Good

• Key Thinkers: Jeremy Bentham, John Stuart Mill

• Core Idea: Justice means maximizing total happiness or well-being

• Famous Principle: “The greatest good for the greatest number”

Strengths:

• Rational, measurable outcomes

• Prioritizes majority welfare

Criticisms:

• Can justify harming minorities if it benefits the majority

• Reduces people to numbers or units of pleasure

“If five people need organs and one healthy person could save them, should we sacrifice one for five?”

3. Libertarianism: Freedom Above All

• Key Thinkers: Robert Nozick, Ayn Rand

• Core Idea: Justice means respecting individual liberty and property

• Government Role: Minimal — protect contracts, borders, and freedom

Strengths:

• Defends personal autonomy

• Avoids state overreach

Criticisms:

• Ignores inequality and historical injustice

• May allow injustice in the name of “freedom”

“Taxation is theft.” – Nozick

4. Kantian Justice: Human Dignity & Duty

• Key Thinker: Immanuel Kant

• Core Idea: People are ends in themselves, never mere means

• Justice = Acting out of duty according to moral law

Strengths:

• Universal ethics, not based on outcomes

• Respects human dignity

Criticisms:

• Can be rigid and ignore real-world consequences

• May demand sacrifice even when harmful

“Act only on that maxim whereby you can at the same time will that it should become a universal law.”

5. Rawlsian Justice: Fairness Through the Veil

• Key Thinker: John Rawls

• Core Idea: Justice is fairness — design rules as if you don’t know your position in society

Thought Experiment:

Imagine designing a society from behind a “veil of ignorance” — not knowing your race, gender, class, or ability. What rules would you choose?

Strengths:

• Builds empathy and fairness into institutions

• Balances liberty with equality

Criticisms:

• Abstract, hard to implement

• Still depends on assumptions about risk and rationality

6. Critical and Radical Theories

• Critical Race Theory: Law perpetuates racial injustice even when appearing neutral

• Feminist Legal Theory: Justice must confront gendered power structures

• Marxist Theory: Justice is impossible under capitalism; law protects class interests

These theories argue that traditional models ignore structural injustice and must be challenged—not just revised.

“The law does not float free. It is embedded in social, racial, and economic hierarchies.”

Discussion Questions

1. Which theory do you find most convincing? Why?

2. Can liberty and equality ever be fully reconciled?

3. Do “just” intentions justify unjust outcomes?

4. Which theory best explains justice in your country today?

Assignment (Optional)

Pick a theory above and apply it to one of the following questions:

• Should the government provide universal healthcare?

• Is wealth redistribution just?

• Should hate speech be protected under free speech?

Write a short essay or class response applying the theory step by step.

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Lesson 4 – Case Studies in Justice: When the Sword Falls, When the Shield Fails