argumentative essay on justice

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Essays on Justice

Hook examples for justice essays, anecdotal hook.

Step into a courtroom, where the pursuit of justice unfolds before our eyes. As the gavel strikes and decisions are made, the impact of justice reverberates through society. Join me on a journey to explore the complexities and significance of justice.

Quotation Hook

""Justice delayed is justice denied."" These words, attributed to William E. Gladstone, emphasize the importance of timely and fair justice. Let's delve into the profound implications of justice in our world.

Justice and Human Rights Hook

Justice and human rights are inextricably linked. Explore how the concept of justice intersects with the protection of fundamental human rights, shaping our understanding of justice on a global scale.

Historical Perspectives on Justice Hook

Justice has evolved over centuries, often in response to historical events and societal changes. Delve into the historical context of justice, from ancient legal systems to pivotal moments in the fight for civil rights.

Justice in the Legal System Hook

Justice is a cornerstone of the legal system. Analyze the principles and mechanisms that underpin justice in legal proceedings, from the presumption of innocence to the role of juries in delivering verdicts.

Social Justice and Equity Hook

Justice extends beyond legal proceedings to issues of social justice and equity. Investigate how societies address inequality, discrimination, and the pursuit of a more just and equitable world.

Modern Challenges in Justice Hook

Justice remains a pressing concern in the modern world. Explore contemporary challenges and debates surrounding justice, including issues related to criminal justice reform, restorative justice, and access to justice.

What is The True Definition of Justice?

Different types of justice and ways that the term might be defined, made-to-order essay as fast as you need it.

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Justice: What’s The Right Thing to Do by Michael J. Sandel

Poverty and the existing gap between the rich and poor, law, justice and judicial power, analysis of the concept of justice from plato’s point of view, let us write you an essay from scratch.

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Martin Luther King's Speech: 'I Have a Dream'

Injustice in treatment of disabled people in society, the juvenile justice system as a major concern of law enforcement, political and social injustice in america, get a personalized essay in under 3 hours.

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Guilty Or not Guilty: The Delicate Balance of Seeking for Justice in 12 Angry Men

American criminal justice system: the different stages of an arrest, religion and critical thinking: a union created by dostoyevsky, criminal liability: insanity and automatism, analysis of the shared relationship between ‘the press’ and ‘liberty’, what is the difference between restorative and retributive justice, the survival of the middle passage: the path to justice, 1000 words on respect: the foundation of law and society, comparison of restorative and retributive/punitive justice, the nature of us civil justice system in a civil action by jonathan harr, the moral issue of torture and war crimes, the case of lagrand brothers, a landmark case of dollree mapp in the american justice system, review on a judicial management, the  procedure for compounding, an analysis of the differences between the british and american criminal justice systems, contrast liability in tort with contractual liability, court case analysis: malloy vs hogan, the injustice of the judicial system in "dorm room dealers: drugs & the privileges of race & class" by a. rafik mohamed & erik d, debating the role of celebrity in the system.

Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness.

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Essays About Justice: Top 5 Examples and 7 Prompts

Discover our guide with examples of essays about justice and prompts for your essay writing and discuss vital matters relating to a person’s or nation’s welfare. 

Justice, in general, refers to the notion that individuals get what they deserve. It includes fundamental moral values ​​in law and politics and is considered an act of fairness, equality, and honesty. Four types of justice deal with how victims can solicit a verdict. They are procedural, distributive, retributive, and restorative. There are many pieces with justice as the subject. It’s because justice is a broad subject encompassing many human values.

5 Essay Examples

1. juvenile justice system of usa essay by anonymous on ivypanda.com, 2. wrongful convictions in criminal justice system by anonymous on gradesfixer.com, 3. racial profiling within the criminal justice system by anonymous on papersowl.com, 4. criminal justice: the ban-the-box law by anonymous on ivypanda.com, 5. the special needs of the criminal justice on mental illness cases by anonymous on gradesfixer.com, 1. what is justice, 2. is justice only for the rich and powerful, 3. the importance of justice, 4. the justice system in mainstream media, 5. justice: then vs. now, 6. justice system around the world, 7. obstructions to justice.

“No doubt, familiarity about the nature of juvenile crimes and how juvenile justice structures function across the world will offer an insight to policy makers, social scientists and for gullible citizens. Thus, a comparative analysis will throw light on how well or how poorly one nation is exercising relative to other nations.”

The essay delves into the justice system process for teenagers who are 18 years and below who commit wrongful acts. Most teenagers involved in juvenile crimes do not have a strong foundation or parental support. The author also talks about the treatments, boot camps, and retreat houses available for teenagers serving in juvenile prisons.

The ever-increasing number of juvenile crimes in the world reflects the mismanagement and lack of juvenile courts, sentencing programs, rehabilitation, and age-appropriate treatment. The writer believes that if mistrials remain in the juvenile system, the problem will continue. They suggest that the government must initiate more system reforms and provide juvenile offenders with proper ethical education.

“The justice system is composed of various legal groups and actors, making a miscarriage possible at any stage of the legal process, or at the hands of any legal actor. Eyewitness error, police misconduct, or falsification of evidence are examples of factors that may lead to a wrongful conviction.”

In this essay, the author uses various citations that show the justice system’s flaws in the process and criteria of its rulings. It further discusses the different instances of unfair judgments and mentions that at least 1% of all convicts serving prison time were wrongfully accused. 

The writer believes that changing the way of addressing different cases and ensuring that all legal professionals do their assigned duties will result in fair justice. You might also be interested in these essays about choice .

“Here in the 21st century, we don’t exactly have ‘Black Codes’ we have what is known as Racial Profiling. The American Civil Liberties Union (ACLU) defines racial profiling as ‘the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race ethnicity, religion or national origin.’”

This essay investigates the involvement of race in the criminal justice system, whether they are victims or perpetrators. The author claims that some law enforcement officers mistreat and misjudge people because of their race and presents various cases as evidence of these discriminatory actions. One example is the case of an unarmed black teenager, Jordan Edwards , who was shot because former officer Roy Oliver thought his partner was in danger.

Unfortunately, law enforcement officials use their power and position in society to deny any act of racial profiling, rendering the said law useless. The author declares that while their paper may not prove racial bias in the criminal justice system, they can prove that a person’s color plays a role and can cause harm.

“I think the Ban-the-Box law is the best way of creating employment opportunities for ex-convicts without discrimination. Criminal offenses vary in the degree of the crime, making it unfair to treat all ex-convicts the same. Moreover, some felons learn from their mistakes during detention and parole, creating a better and law-abiding citizen with the ability to work faithfully.”

The essay explains how ex-convicts or current convicts are consistently discriminated against. This discrimination affects their lives even after serving their sentence, especially in their rights to vote and work. 

Regarding job hunting, the author believes the Ban-the-Box law will effectively create more employment opportunities. The law allows employers to see an ex-convict’s skills rather than just their record.  The essay concludes with a reminder that everyone is entitled to a civil right to vote, while private enterprises are free to run background checks. 

“Case management focuses on incorporating key elements that focus on improving the wellbeing of individuals that are being assessed. Mental illness within the criminal justice system is treated as a sensitive issue that requires urgent intervention in order to ensure that an inmate is able to recover.”

This essay pries into one of the most delicate areas of ruling in the justice system, which is leading mentally ill convicts. Offenders who were deemed mentally ill should be able to receive particular treatments for their health while serving time. 

The author mentions that every country must be able to provide mental health services for the inmates to prevent conflicts inside the prison. In conclusion, they suggest that reviewing and prioritizing policies related to mental illness is the best solution to the issue.

Are you interested in writing about mental illnesses? Check out our guide on how to write essays about depression.

7 Prompts for Essays About Justice

Justice is a vast subject, and its literal meaning is the quality of being just. This process often occurs when someone who has broken the law gets what they should, whether freedom or punishment. Research and discuss everything there is to know about justice so your readers can fully understand it. Include a brief history of its origins, types, and uses.

Several situations prove that justice is only for the rich. One of the main reasons is the expensive court fees. Research why victims settle outside the court or just let their abusers get away with crimes.

Include data that proves justice is a luxury where the only ones who can ask for equal treatment are those with resources—present situations or well-known cases to support your statements. On the other hand, you can also provide counter-arguments such as government programs that help financially-challenged individuals.

Every citizen has the right to be protected and treated fairly in court. Explain the importance of justice to a person, society, and government. Then, add actual cases of how justice is applied to encourage reform or chaos. Include relevant cases that demonstrate how justice impacts lives and legal changes, such as the case of Emmett Till .

Talk about how justice is usually depicted on screen and how it affects people’s expectations of how the justice system works. Popular television shows such as Suits and Law and Order are examples of the justice system being portrayed in the media. Research these examples and share your opinion on whether movies or television portray the justice system accurately or not.

In this essay, research how justice worldwide has changed. This can include looking at legal systems, human rights, and humanity’s ever-changing opinions. For instance, child labor was considered normal before but is viewed as an injustice today. List significant changes in justice and briefly explain why they have changed over time. You might also be interested in these essays about violence .

Countries have different ways of instilling justice within their societies. For this prompt, research and discuss the countries you think have the best and worst legal systems. Then, point out how these differences affect the country’s crime rates and quality of life for its citizens.

Examine why people tend to take justice into their hands, disobey legal rules, or give up altogether. It can be because seeking justice is an arduous process resulting in emotional and financial burdens. Often, this occurs when a person feels their government is not providing the support they need. Take a look at this social issue, and discuss it in your essay for a strong argumentative. 

If you are interested in learning more, check out our essay writing tips !

Debate Topics

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Cell Phone Radiation – Is cell phone radiation safe?

Cheerleading – Is cheerleading a sport?

Churches & Taxes – Should churches (including mosques, synagogues, etc.) remain tax-exempt?

College Education – Is a college education worth it?

Congressional Term Limits  – Should term limits be imposed on U.S. Senators and Representatives?

Constitutional Carry of Handguns – Should permitless, “constitutional carry” of guns be legal?

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Corporate Tax Rate – Should the federal corporate income tax rate be raised?

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DACA & Dreamers – Are DACA (Deferred Action for Childhood Arrivals) and the DREAM Act good for America?

Daylight Saving Time – Should the United States keep daylight saving time?

DC AND Puerto Rico Statehood – Should Washington, DC, and Puerto Rico be granted U.S. statehood?

Death Penalty – Should the death penalty be legal?

Defund the Police – Should police departments be defunded, if not abolished?

Dress Codes – Should dress codes be implemented and enforced?

Drinking Age – Should the drinking age be lowered from 21 to a younger age?

Drone Strikes – Should the United States continue its use of drone strikes abroad?

Drug Use in Sports – Should performance-enhancing drugs be accepted in sports?

Election Day National Holiday – Should the election day be made a national holiday?

Electoral College – Should the United States use the electoral college in presidential elections?

Employer Vaccine Mandates – Should employers be able to mandate vaccinations?

Felon Voting – Should people who have completed felony sentences be allowed to vote?

Fighting in Hockey – Should fighting be allowed in hockey?

Filibuster – Should the U.S. Senate keep the filibuster?

Fracking – Should the United States continue fracking

Free College – Should public college be tuition-free?

Fur Clothing Bans – Should fur clothing be banned?

GMOS – Should genetically modified organisms (GMOs) be grown?

Gold Standard – Should the United States return to a gold standard?

Golf – Is golf a sport and are golfers athletes?

Gun Control – Should more gun control laws be enacted?

Historic Statue Removal – Should historic statues be taken down?

Homework – Is homework beneficial?

Illegal Immigration – Should the U.S. government provide a path to citizenship for undocumented immigrants?

Internet – Is the internet “making us stupid?”

Kneeling during the National Anthem – Is kneeling during the national anthem an appropriate form of protest?

Mandatory National Service – Should the United States have mandatory national service?

Medical Aid in Dying (MAID) – Should medical aid in dying be legal?

Medical Marijuana – Should medical marijuana be legal?

Milk – Should humans consume dairy milk?

Minimum Wage – Should the federal minimum wage be increased?

Net Neutrality – Should the U.S. have net neutrality laws?

Obesity – Is obesity a disease?

Olympics – Are the Olympic games an overall benefit for their host countries and cities?

OTC Birth Control Pills – Should birth control pills be available over-the-counter (OTC)?

Penny – Should the penny stay in circulation?

Pit Bull Bans – Should breed-specific legislation (“pit bull bans”) be enacted?

Pokémon – Is Pokémon Go good for our society?

Police Body Cameras – Should police officers wear body cameras?

Prescription Drug Costs – Should the U.S. federal government regulate prescription drug prices?

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Private Prisons – Should prisons be privatized?

Recreational Marijuana – Should recreational marijuana be legal?

Reparations for Slavery – Should the federal government pay reparations to the descendants of slaves?

Right to Healthcare – Should all Americans have the right (be entitled) to health care?

Sanctuary Cities – Should sanctuary cities receive federal funding?

Santa Claus – Is there really a Santa Claus?

Saturday Halloween – Should Halloween be moved permanently to Saturday?

School Uniforms – Should students have to wear school uniforms?

Single-use Plastics Ban – Should single-use plastics be banned?

Social Media & Digital Addiction – Does social media spur digital addiction and other social ills?

Social Security Privatization – Should social security be privatized?

Space Colonization – Should humans colonize space?

Standardized Tests – Do standardized tests improve education in America?

Student Loan Debt – Should student loan debt be eliminated via forgiveness or bankruptcy?

TikTok Bans – Should TikTok be banned?

Uber & Lyft – Are ride-sharing companies a benefit to society?

Universal Basic Income (UBI) – Should the United States implement a universal basic income?

U.S. Supreme Court Packing – Should packing the U.S. Supreme Court ever be considered?

Vaccines for Kids – Should states be allowed to mandate vaccines for school attendance??

Vaping E-Cigarettes – Is vaping e-cigarettes safe?

Vegetarianism – Should people become vegetarian?

Video Games & Violence – Do violent video games contribute to youth violence?

Voting Age – Should the voting age be lowered to 16?

Voting Machines – Are electronic voting machines the best method for voting?

Zoos – Should zoos exist?

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Congressional Insider Trading – Should insider trading by Congress be allowed?

Israeli-Palestinian Conflict – What are the solutions to the Israeli-Palestinian conflict?

Obamacare – Is the Patient Protection and Affordable Care Act (Obamacare) good for America?

Paying College Athletes – Should colleges and universities pay college athletes?

President Bill Clinton – Was Bill Clinton a good president?

President Ronald Reagan – Was Ronald Reagan a good president?

Presidential Election, 2008 – Which candidate would make the best U.S. president?

Presidential Election, 2012 – Which candidate should be U.S. president in 2012?

Presidential Election, 2016 – The candidates and where they stand on the issues

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School Vouchers – Should states have school voucher programs?

Tablets v. Textbooks -Should tablets replace textbooks in K-12 schools?

Teacher Tenure – Should teachers get tenure?

Under God in the Pledge – Should the words “under god” be in the U.S. Pledge of Allegiance?

U.S. Drone Shot down by Iran – Was the U.S. drone shot down by Iran over international waters?

U.S.-Iraq War – Should the U.S. have attacked Iraq?

WTC Muslim Center – Is it appropriate to build a muslim community center (aka the ”ground zero mosque”) near the World Trade Center site?

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• How to write an argumentative essay | Examples & tips

How to Write an Argumentative Essay | Examples & Tips

Published on July 24, 2020 by Jack Caulfield . Revised on July 23, 2023.

An argumentative essay expresses an extended argument for a particular thesis statement . The author takes a clearly defined stance on their subject and builds up an evidence-based case for it.

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Table of contents

When do you write an argumentative essay, approaches to argumentative essays, introducing your argument, the body: developing your argument, concluding your argument, other interesting articles, frequently asked questions about argumentative essays.

You might be assigned an argumentative essay as a writing exercise in high school or in a composition class. The prompt will often ask you to argue for one of two positions, and may include terms like “argue” or “argument.” It will frequently take the form of a question.

The prompt may also be more open-ended in terms of the possible arguments you could make.

Argumentative writing at college level

At university, the vast majority of essays or papers you write will involve some form of argumentation. For example, both rhetorical analysis and literary analysis essays involve making arguments about texts.

In this context, you won’t necessarily be told to write an argumentative essay—but making an evidence-based argument is an essential goal of most academic writing, and this should be your default approach unless you’re told otherwise.

Examples of argumentative essay prompts

At a university level, all the prompts below imply an argumentative essay as the appropriate response.

Your research should lead you to develop a specific position on the topic. The essay then argues for that position and aims to convince the reader by presenting your evidence, evaluation and analysis.

• Don’t just list all the effects you can think of.
• Do develop a focused argument about the overall effect and why it matters, backed up by evidence from sources.
• Don’t just provide a selection of data on the measures’ effectiveness.
• Do build up your own argument about which kinds of measures have been most or least effective, and why.
• Don’t just analyze a random selection of doppelgänger characters.
• Do form an argument about specific texts, comparing and contrasting how they express their thematic concerns through doppelgänger characters.

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An argumentative essay should be objective in its approach; your arguments should rely on logic and evidence, not on exaggeration or appeals to emotion.

There are many possible approaches to argumentative essays, but there are two common models that can help you start outlining your arguments: The Toulmin model and the Rogerian model.

Toulmin arguments

The Toulmin model consists of four steps, which may be repeated as many times as necessary for the argument:

• Make a claim
• Provide the grounds (evidence) for the claim
• Explain the warrant (how the grounds support the claim)
• Discuss possible rebuttals to the claim, identifying the limits of the argument and showing that you have considered alternative perspectives

The Toulmin model is a common approach in academic essays. You don’t have to use these specific terms (grounds, warrants, rebuttals), but establishing a clear connection between your claims and the evidence supporting them is crucial in an argumentative essay.

Say you’re making an argument about the effectiveness of workplace anti-discrimination measures. You might:

• Claim that unconscious bias training does not have the desired results, and resources would be better spent on other approaches
• Cite data to support your claim
• Explain how the data indicates that the method is ineffective
• Anticipate objections to your claim based on other data, indicating whether these objections are valid, and if not, why not.

Rogerian arguments

The Rogerian model also consists of four steps you might repeat throughout your essay:

• Discuss what the opposing position gets right and why people might hold this position
• Highlight the problems with this position
• Present your own position , showing how it addresses these problems
• Suggest a possible compromise —what elements of your position would proponents of the opposing position benefit from adopting?

This model builds up a clear picture of both sides of an argument and seeks a compromise. It is particularly useful when people tend to disagree strongly on the issue discussed, allowing you to approach opposing arguments in good faith.

Say you want to argue that the internet has had a positive impact on education. You might:

• Acknowledge that students rely too much on websites like Wikipedia
• Argue that teachers view Wikipedia as more unreliable than it really is
• Suggest that Wikipedia’s system of citations can actually teach students about referencing
• Suggest critical engagement with Wikipedia as a possible assignment for teachers who are skeptical of its usefulness.

You don’t necessarily have to pick one of these models—you may even use elements of both in different parts of your essay—but it’s worth considering them if you struggle to structure your arguments.

Regardless of which approach you take, your essay should always be structured using an introduction , a body , and a conclusion .

Like other academic essays, an argumentative essay begins with an introduction . The introduction serves to capture the reader’s interest, provide background information, present your thesis statement , and (in longer essays) to summarize the structure of the body.

Hover over different parts of the example below to see how a typical introduction works.

The spread of the internet has had a world-changing effect, not least on the world of education. The use of the internet in academic contexts is on the rise, and its role in learning is hotly debated. For many teachers who did not grow up with this technology, its effects seem alarming and potentially harmful. This concern, while understandable, is misguided. The negatives of internet use are outweighed by its critical benefits for students and educators—as a uniquely comprehensive and accessible information source; a means of exposure to and engagement with different perspectives; and a highly flexible learning environment.

The body of an argumentative essay is where you develop your arguments in detail. Here you’ll present evidence, analysis, and reasoning to convince the reader that your thesis statement is true.

In the standard five-paragraph format for short essays, the body takes up three of your five paragraphs. In longer essays, it will be more paragraphs, and might be divided into sections with headings.

Each paragraph covers its own topic, introduced with a topic sentence . Each of these topics must contribute to your overall argument; don’t include irrelevant information.

This example paragraph takes a Rogerian approach: It first acknowledges the merits of the opposing position and then highlights problems with that position.

Hover over different parts of the example to see how a body paragraph is constructed.

A common frustration for teachers is students’ use of Wikipedia as a source in their writing. Its prevalence among students is not exaggerated; a survey found that the vast majority of the students surveyed used Wikipedia (Head & Eisenberg, 2010). An article in The Guardian stresses a common objection to its use: “a reliance on Wikipedia can discourage students from engaging with genuine academic writing” (Coomer, 2013). Teachers are clearly not mistaken in viewing Wikipedia usage as ubiquitous among their students; but the claim that it discourages engagement with academic sources requires further investigation. This point is treated as self-evident by many teachers, but Wikipedia itself explicitly encourages students to look into other sources. Its articles often provide references to academic publications and include warning notes where citations are missing; the site’s own guidelines for research make clear that it should be used as a starting point, emphasizing that users should always “read the references and check whether they really do support what the article says” (“Wikipedia:Researching with Wikipedia,” 2020). Indeed, for many students, Wikipedia is their first encounter with the concepts of citation and referencing. The use of Wikipedia therefore has a positive side that merits deeper consideration than it often receives.

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An argumentative essay ends with a conclusion that summarizes and reflects on the arguments made in the body.

No new arguments or evidence appear here, but in longer essays you may discuss the strengths and weaknesses of your argument and suggest topics for future research. In all conclusions, you should stress the relevance and importance of your argument.

Hover over the following example to see the typical elements of a conclusion.

The internet has had a major positive impact on the world of education; occasional pitfalls aside, its value is evident in numerous applications. The future of teaching lies in the possibilities the internet opens up for communication, research, and interactivity. As the popularity of distance learning shows, students value the flexibility and accessibility offered by digital education, and educators should fully embrace these advantages. The internet’s dangers, real and imaginary, have been documented exhaustively by skeptics, but the internet is here to stay; it is time to focus seriously on its potential for good.

If you want to know more about AI tools , college essays , or fallacies make sure to check out some of our other articles with explanations and examples or go directly to our tools!

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An argumentative essay tends to be a longer essay involving independent research, and aims to make an original argument about a topic. Its thesis statement makes a contentious claim that must be supported in an objective, evidence-based way.

An expository essay also aims to be objective, but it doesn’t have to make an original argument. Rather, it aims to explain something (e.g., a process or idea) in a clear, concise way. Expository essays are often shorter assignments and rely less on research.

At college level, you must properly cite your sources in all essays , research papers , and other academic texts (except exams and in-class exercises).

Add a citation whenever you quote , paraphrase , or summarize information or ideas from a source. You should also give full source details in a bibliography or reference list at the end of your text.

The exact format of your citations depends on which citation style you are instructed to use. The most common styles are APA , MLA , and Chicago .

The majority of the essays written at university are some sort of argumentative essay . Unless otherwise specified, you can assume that the goal of any essay you’re asked to write is argumentative: To convince the reader of your position using evidence and reasoning.

In composition classes you might be given assignments that specifically test your ability to write an argumentative essay. Look out for prompts including instructions like “argue,” “assess,” or “discuss” to see if this is the goal.

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Topics in Criminal Justice for Argumentative Essays

Published : January 23, 2024

By | MyPremiumEssay 10 mins read

The criminal justice system, a complex web of law enforcement, courts, and corrections, operates to uphold law and order. It's vital for ensuring justice and societal harmony. Engaging critically with this system enhances understanding and sparks meaningful debate.

The category "Argumentative Essay Topics in Criminal Justice" refers to a range of subjects suitable for debate and discussion within the field of criminal justice. It's not about stating facts. It's about diving deep, analyzing moral dilemmas, and presenting solid solutions. You need to dig into the depths of legal studies, bringing forth evidence and judicial rulings that support your stance.

Here, you'll find a collection of thought-provoking essay topics on criminal justice. Simple, clear, and engaging - these topics aim to spark your curiosity and invite you to explore deeper. Ready to challenge your views? Let's dive in.

• Understanding the Criminal Justice System

Current Challenges in Criminal Justice: Seeking Reform

Defining features of criminal justice debate topics.

• Argumentative Criminal Justice Essay Topics

Compelling Criminal Justice Argumentative Essay Topics

Understanding the criminal justice system : key components and their roles in law enforcement.

At its core, the criminal justice system is a three-part network:

law enforcement,

the judiciary, and

corrections.

Law enforcement officers, like police, are the front-liners. They keep peace and catch lawbreakers. Next, the judiciary steps in. Judges and courts decide guilt and pass sentences, ensuring justice prevails. Finally, the corrections system, including prisons, rehabilitates and punishes offenders. These parts work together like cogs in a machine, maintaining law and order. Their interconnectivity is crucial - each part supports and influences the others, creating a balanced approach to justice. Understanding this system is key to grasping how we handle crime and punishment.

Today's criminal justice system faces tough challenges. Racial profiling remains a hot issue. It questions fairness in law enforcement. Then there's the tech revolution. Digital advances aid crime solving, but they also raise big privacy concerns. Overcrowded prisons are another headache. They strain resources and complicate rehabilitation. These challenges demand fresh thinking and balanced solutions. Understanding them is key to shaping a fairer, more effective system. Let's tackle these issues head-on, seeking justice and equality for all.

Key characteristics of these topics include:

Debatable Nature: Each topic presents multiple viewpoints, allowing for extensive argumentation and discussion. They are not straightforward facts but rather issues open to interpretation and debate.

Relevance to Criminal Justice: Topics are directly related to aspects of criminal justice, such as crime prevention, law enforcement, legal ethics, criminal trials, corrections, and rehabilitation.

Societal Impact: They often touch upon how criminal justice systems affect society at large, including issues of social justice, human rights, equality, and public safety.

Legal and Ethical Considerations: Many topics involve discussions on the legality and morality of certain practices within the criminal justice system, such as capital punishment, juvenile sentencing, or police accountability.

Research-Oriented: These topics require in-depth research, understanding of legal principles, and familiarity with current events and historical cases.

Scope for Persuasion and Argumentation: They provide ample opportunity for writers to develop persuasive arguments, backed by evidence, to support their stance on complex issues.

Read More: How To Write An Argumentative Essay?

Argumentative Criminal Justice Essay Topics: Current Issues

1 Decriminalizing Minor Offenses: Are they necessary for justice?

2 Mandatory Sentencing Laws: Fairness versus judicial freedom.

3 Solitary Confinement Ethics: Discipline or inhumanity?

4 Parole Effectiveness: Rehabilitation or risk?

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5 Racial Bias in Sentencing: How to ensure fairness?

6 Alternatives to Juvenile Detention: Punishment or rehabilitation?

7 Police Training & Community: Enhancing relationships.

8 Mental Health in Justice System: Addressing the challenges.

9 Drug Courts' Role: Effective in reducing recidivism?

10 Privacy vs. Security Surveillance: Balancing rights and safety.

1 Bail System Reform: Fairness in Question

2 The Death Penalty: Deterrence or Inhumanity?

3 Legalizing Drugs: A Crime Solution?

4 Police Body Cameras: Safety or Invasion?

5 Juvenile Justice: Kids or Criminals?

6 Restorative Justice: Healing Over Punishment

7 Private Prisons: Efficiency or Profit Over People?

8 Racial Profiling: Necessary Tactic or Unjust Practice?

9 Gun Rights vs. Public Safety: Finding Balance

10 Cybercrime Laws: Keeping Up with Tech?

11 The Effectiveness of the Death Penalty in Deterring Crime

12 The Impact of Racial Profiling on Community Policing

13 Rehabilitation vs. Punishment: What Works Better for Offenders?

14 The Role of Technology in Modern Policing

15 Juvenile Justice: Should Juveniles Be Tried as Adults?

These compelling topics for criminal justice essays not only challenge conventional thinking but also invite a deeper exploration into the intricacies of law, ethics, and societal impact. By choosing to write on these subjects, you're not just crafting an essay ; you're contributing to an important discourse that shapes our understanding of justice and fairness in society. Remember, your voice and analysis can be a powerful tool in highlighting issues, proposing solutions, and sparking meaningful change in the world of criminal justice.

For students, understanding the criminal justice related issues is not just an academic exercise; it's a step towards becoming more informed and engaged citizens.If you're looking to delve deeper, consider buying an argumentative essay online from MyPremiumEssay. Our team of expert writers is well-versed in the intricacies of criminal justice and can provide you with a high-quality, insightful essay tailored to your specific needs.

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The idea of justice occupies centre stage both in ethics, and in legal and political philosophy. We apply it to individual actions, to laws, and to public policies, and we think in each case that if they are unjust this is a strong, maybe even conclusive, reason to reject them. Classically, justice was counted as one of the four cardinal virtues (and sometimes as the most important of the four); in modern times John Rawls famously described it as ‘the first virtue of social institutions’ (Rawls 1971, p.3; Rawls, 1999, p.3). We might debate which of these realms of practical philosophy has first claim on justice: is it first and foremost a property of the law, for example, and only derivatively a property of individuals and other institutions? But it is probably more enlightening to accept that the idea has over time sunk deep roots in each of these domains, and to try to make sense of such a wide-ranging concept by identifying elements that are present whenever justice is invoked, but also examining the different forms it takes in various practical contexts. This article aims to provide a general map of the ways in which justice has been understood by philosophers, past and present.

We begin by identifying four core features that distinguish justice from other moral and political ideas. We then examine some major conceptual contrasts: between conservative and ideal justice, between corrective and distributive justice, between procedural and substantive justice, and between comparative and non-comparative justice. Next we turn to questions of scope: to who or what do principles of justice apply? We ask whether non-human animals can be subjects of justice, whether justice applies only between people who already stand in a particular kind of relationship to one another, and whether individual people continue to have duties of justice once justice-based institutions have been created. We then examine three overarching theories that might serve to unify the different forms of justice: utilitarianism, contractarianism, and egalitarianism. But it seems, in conclusion, that no such theory is likely be successful.

More detailed discussions of particular forms of justice can be found in other entries: see especially distributive justice , global justice , intergenerational justice , international distributive justice , justice and bad luck , justice as a virtue , and retributive justice .

1.1 Justice and Individual Claims

1.2 justice, charity and enforceable obligation, 1.3 justice and impartiality, 1.4 justice and agency, 2.1 conservative versus ideal justice, 2.2 corrective versus distributive justice, 2.3 procedural versus substantive justice, 2.4 comparative versus non-comparative justice, 3.1 human vs non-human animals, 3.2 relational vs non-relational justice, 3.3 individuals vs institutions, 3.4 recognition vs. redistribution, 4.1 accommodating intuitions about justice, 4.2 utilitarian theories of justice: three problems, 5.1 gauthier, 5.3 scanlon, 6.1 justice as equality, 6.2 responsibility-sensitive egalitarianism, 6.3 relational egalitarianism, 7. conclusion, other internet resources, related entries, 1. justice: mapping the concept.

‘Justice’ has sometimes been used in a way that makes it virtually indistinguishable from rightness in general. Aristotle, for example, distinguished between ‘universal’ justice that corresponded to ‘virtue as a whole’ and ‘particular’ justice which had a narrower scope (Aristotle, Nicomachean Ethics , Book V, chs. 1–2). The wide sense may have been more evident in classical Greek than in modern English. But Aristotle also noted that when justice was identified with ‘complete virtue’, this was always ‘in relation to another person’. In other words, if justice is to be identified with morality as such, it must be morality in the sense of ‘what we owe to each other’ (see Scanlon 1998). But it is anyway questionable whether justice should be understood so widely. At the level of individual ethics, justice is often contrasted with charity on the one hand, and mercy on the other, and these too are other-regarding virtues. At the level of public policy, reasons of justice are distinct from, and often compete with, reasons of other kinds, for example economic efficiency or environmental value.

As this article will endeavour to show, justice takes on different meanings in different practical contexts, and to understand it fully we have to grapple with this diversity. But it is nevertheless worth asking whether we find a core concept that runs through all these various uses, or whether it is better regarded as a family resemblance idea according to which different combinations of features are expected to appear on each occasion of use. The most plausible candidate for a core definition comes from the Institutes of Justinian , a codification of Roman Law from the sixth century AD, where justice is defined as ‘the constant and perpetual will to render to each his due’. This is of course quite abstract until further specified, but it does throw light upon four important aspects of justice.

First, it shows that justice has to do with how individual people are treated (‘to each his due’). Issues of justice arise in circumstances in which people can advance claims – to freedom, opportunities, resources, and so forth – that are potentially conflicting, and we appeal to justice to resolve such conflicts by determining what each person is properly entitled to have. In contrast, where people’s interests converge, and the decision to be taken is about the best way to pursue some common purpose – think of a government official having to decide how much food to stockpile as insurance against some future emergency – justice gives way to other values. In other cases, there may be no reason to appeal to justice because resources are so plentiful that we do not need to worry about allotting shares to individuals. Hume pointed out that in a hypothetical state of abundance where ‘every individual finds himself fully provided with whatever his most voracious appetites can want’, ‘the cautious, jealous virtue of justice would never once have been dreamed of’ (Hume, An Enquiry Concerning the Principles of Morals , pp. 183–4). Hume also believed – and philosophical controversy on this point persists until today – that justice has no place in close personal relationships, such as the family, where (it is alleged) each identifies with the others’ interests so strongly that there is no need and no reason for anyone to make claims of personal entitlement. (See Sandel 1982 for a defence of this view; for a critique, see Okin 1989. See also the entry on feminist perspectives on reproduction and the family) .

That justice is a matter of how each separate person is treated appears to create problems for theories such as utilitarianism that judge actions and policies on the basis of their overall consequences aggregated across people – assuming that these theories wish to incorporate rather than discard the idea of justice. In Section 4 below we examine how utilitarians have attempted to respond to this challenge.

Although justice is centrally a matter of how individuals are treated, it is also possible to speak of justice for groups – for example when the state is allocating resources between different categories of citizens. Here each group is being treated as though it were a separate individual for purposes of the allocation.

Second, Justinian’s definition underlines that just treatment is something due to each person, in other words that justice is a matter of claims that can be rightfully made against the agent dispensing justice, whether a person or an institution. Here there is a contrast with other virtues: we demand justice, but we beg for charity or forgiveness. This also means that justice is a matter of obligation for the agent dispensing it, and that the agent wrongs the recipient if the latter is denied what is due to her. It is a characteristic mark of justice that the obligations it creates should be enforceable: we can be made to deliver what is due to others as a matter of justice, either by the recipients themselves or by third parties. However it overstates the position to make the enforceability of its requirements a defining feature of justice (see Buchanan 1987). On the one hand, there are some claims of justice that seem not to be enforceable (by anyone). When we dispense gifts to our children or our friends, we ought to treat each recipient fairly, but neither the beneficiaries themselves nor anyone else can rightfully force the giver to do so. On the other hand, in cases of extreme emergency, it may sometimes be justifiable to force people to do more than justice requires them to do – there may exist enforceable duties of humanity. But these are rare exceptions. The obligatory nature of justice generally goes hand-in-hand with enforceability.

The third aspect of justice to which Justinian’s definition draws our attention is the connection between justice and the impartial and consistent application of rules – that is what the ‘constant and perpetual will’ part of the definition conveys. Justice is the opposite of arbitrariness. It requires that where two cases are relevantly alike, they should be treated in the same way (We discuss below the special case of justice and lotteries). Following a rule that specifies what is due to a person who has features X , Y , Z whenever such a person is encountered ensures this. And although the rule need not be unchangeable – perpetual in the literal sense – it must be relatively stable. This explains why justice is exemplified in the rule of law, where laws are understood as general rules impartially applied over time. Outside of the law itself, individuals and institutions that want to behave justly must mimic the law in certain ways (for instance, gathering reliable information about individual claimants, allowing for appeals against decisions).

Finally, the definition reminds us that justice requires an agent whose will alters the circumstances of its objects. The agent might be an individual person, or it might be a group of people, or an institution such as the state. So we cannot, except metaphorically, describe as unjust states of affairs that no agent has contributed to bringing about – unless we think that there is a Divine Being who has ordered the universe in such a way that every outcome is a manifestation of His will. Admittedly we are tempted to make judgements of what is sometimes called ‘cosmic injustice’ – say when a talented person’s life is cut cruelly short by cancer, or our favourite football team is eliminated from the competition by a freak goal – but this is a temptation we should resist.

This agency condition, however, is less restrictive than it might at first appear. It by no means excludes the possibility that agents can create injustice by omission – for example by failing to create the institutions or to enact the policies that would deliver vital resources to those who need them. Thus it is now common to speak of ‘systemic injustice’ in the case of bad outcomes that no-one intends to occur but that could be prevented by a shift in social norms or institutional practices. The agents in these cases are all those who by acting together to change these things could invert the injustice, but have so far failed to do so.

2. Justice: Four Distinctions

We have so far looked at four elements that are present in every use of the concept of justice. Now it is time to consider some equally important contrasts.

Philosophers writing on justice have observed that it has two different faces, one conservative of existing norms and practices, the other demanding reform of these norms and practices (see Sidgwick 1874/1907, Raphael 2001). Thus on the one hand it is a matter of justice to respect people’s rights under existing law or moral rules, or more generally to fulfil the legitimate expectations they have acquired as a result of past practice, social conventions, and so forth; on the other hand, justice often gives us reason to change laws, practices and conventions quite radically, thereby creating new entitlements and expectations. This exposes an ambiguity in what it means to ‘render each his due’. What is ‘due’ might be what a person can reasonably expect to have given existing law, policy, or social practice, or it might be what the person should get under a regime of ideal justice: this could mean what the person deserves, or needs, or is entitled to on grounds of equality, depending on which ideal principle is being invoked.

Conceptions of justice vary according to the weight they attach to each of these faces. At one extreme, some conceptions interpret justice as wholly concerned with what individuals can claim under existing laws and social conventions: thus for Hume, justice was to be understood as adherence to a set of rules that assign physical objects to individuals (such as being the first possessor of such an object) (Hume, A Treatise of Human Nature , Book III, Part II). These rules can be explained by reference to the natural associations that form in people’s minds between persons and external objects, and although the system of justice as a whole can be shown to be socially useful, there are no relevant independent standards by which its principles can be assessed (Hume briskly dismissed equality and merit as principles for allocating property to persons). In similar vein, Hayek argued that justice was a property of individual behaviour, understood as compliance with the ‘rules of just conduct’ that had evolved to enable a market economy to function effectively. For Hayek, to speak of ‘social justice’ as an ideal standard of distribution was as meaningless as to speak of a ‘moral stone’ (Hayek 1976, p. 78)

At the other extreme stand conceptions of justice which posit some ideal principle of distribution such as equality, together with a ‘currency’ specifying the respect in which justice requires people to be made equally well off, and then refuse to acknowledge the justice of any claims that do not arise directly from the application of this principle. Thus claims deriving from existing law or practice are dismissed unless they happen to coincide with what the principle requires. More often, however, ideal justice is seen as proposing principles by which existing institutions and practices can be assessed, with a view to reforming them, or in the extreme case abolishing them entirely, while the claims that people already have under those practices are given some weight. Rawls, for example, whose two principles of justice count as ideal principles for this purpose, is at pains to stress that they are not intended to be applied in a way that disregards people’s existing legitimate expectations. About the ‘difference principle’, which requires social and economic inequalities to be regulated so that they work to the greatest benefit of the least advantaged members of society, he says:

It applies to the announced system of public law and statutes and not to particular transactions or distributions, nor to the decisions of individuals and associations, but rather to the institutional background against which these transactions and decisions take place. There are no unannounced and unpredictable interferences with citizens’ expectations and acquisitions. Entitlements are earned and honored as the public system of rules declares. (Rawls 1993, p. 283)

Here we see Rawls attempting to reconcile the demands of conservative and ideal justice. Yet he does not directly address the question of what should happen when changing circumstances mean that the difference principle requires new laws or policies to be enacted: do those whose prior entitlements or expectations are no longer met have a claim to be compensated for their loss? We could call this the question of transitional justice (though this phrase is often used now in a more specific sense to refer to the process of reconciliation that may occur following civil war or other armed conflicts: see the entry on transitional justice ).

A second important contrast, whose pedigree reaches back at least as far as Aristotle, is between justice as a principle for assigning distributable goods of various kinds to individual people, and justice as a remedial principle that applies when one person wrongly interferes with another’s legitimate holdings. Thus suppose Bill steals Alice’s computer, or sells Alice faulty goods which he claims to be in perfect order: then Alice suffers a loss, which justice demands that Bill should remedy by returning the computer or fulfilling his contract honestly. Corrective justice, then, essentially concerns a bilateral relationship between a wrongdoer and his victim, and demands that the fault be cancelled by restoring the victim to the position she would have been in had the wrongful behaviour not occurred; it may also require that the wrongdoer not benefit from his faulty behaviour. Distributive justice, on the other hand, is multilateral: it assumes a distributing agent, and a number of persons who have claims on what is being distributed. Justice here requires that the resources available to the distributor be shared according to some relevant criterion, such as equality, desert, or need. In Aristotle’s example, if there are fewer flutes available than people who want to play them, they should be given to the best performers (Aristotle, The Politics , p. 128). In modern debates, principles of distributive justice are applied to social institutions such as property and tax systems, which are understood as producing distributive outcomes across large societies, or even the world as a whole.

The conceptual distinction between distributive and corrective justice seems clear, but their normative relationship is more difficult to pin down (see Perry 2000, Ripstein 2004, Coleman 1992, chs. 16–17). Some have claimed that corrective justice is merely instrumental to distributive justice: its aim is to move from a situation of distributive injustice brought about by the faulty behaviour to one that is more nearly (if not perfectly) distributively just. But this view runs into a number of objections. One is that so long as Alice has a legitimate title to her computer, her claim of corrective justice against Bill does not depend on her having had, prior to the theft, the share of resources that distributive justice ideally demands. She might be richer than she deserves to be, yet corrective justice still require that the computer be returned to her. In other words, corrective justice may serve to promote conservative rather than ideal justice, to use the distinction introduced in 2.1. Another objection is that corrective justice requires the wrongdoer himself to restore or compensate the person he has wronged, even if the cause of distributive justice could be better served by transferring resources from a third party – giving Alice one of even-more-undeservedly-rich Charles’s computers, for example. This underlines the bilateral nature of corrective justice, and also the fact that it comes into play in response to faulty behaviour on someone’s part. Its primary demand is that people should not lose out because others have behaved wrongfully or carelessly, but it also encompasses the idea that ‘no man should profit by his own wrong’. If Alice loses her computer in a boating accident, she might, under an insurance scheme, have a claim of distributive justice to a new machine, but she has no claim of corrective justice.

If corrective justice cannot be subsumed normatively under distributive justice, we need to explain its value. What is achieved when we make Bill return the computer to Alice? Aristotle ( Nicomachean Ethics , Book V, ch. 4) suggested that corrective justice aims to restore the two parties to a position of equality; by returning the computer we cancel both Bill’s unjustified gain and Alice’s unjustified loss. But this assumes that the computer can be returned intact. Corrective justice requires that Alice be made no worse off than she was before the theft, even if that means Bill suffering an absolute loss (e.g. by paying for a new computer if he has damaged Alice’s). Aristotle himself recognized that the idea of evening out gain and loss made no literal sense in a case where one person assaults another and has to compensate him for his injury – there is no ‘gain’ to be redistributed. It seems, then, that the value of corrective justice must lie in the principle that each person must take responsibility for his own conduct, and if he fails to respect the legitimate interests of others by causing injury, he must make good the harm. In that way, each person can plan her life secure in the knowledge that she will be protected against certain kinds of external setbacks. Philosophers and lawyers writing on corrective justice disagree about what standard of responsibility should apply – for example whether compensation is required only when one person wilfully or negligently causes another to suffer loss, or whether it can also be demanded when the perpetrator displays no such fault but is nevertheless causally responsible for the injury.

A third distinction that must be drawn is between the justice of the procedures that might be used to determine how benefits and burdens of various kinds are allocated to people, and the justice of the final allocation itself. It might initially seem as though the justice of a procedure can be reduced to the justice of the results produced by applying it, but this is not so. For one thing, there are cases in which the idea of an independently just outcome makes no sense. A coin toss is a fair way of deciding who starts a game, but neither the Blues nor the Reds have a claim of justice to bat first or kick off. But even where a procedure has been shaped by a concern that it should produce substantively just outcomes, it may still have special properties that make it intrinsically just. In that case, using a different procedure to produce the same result might be objectionable. In an influential discussion, John Rawls contrasted perfect procedural justice , where a procedure is such that if it is followed a just outcome is guaranteed (requiring the person who cuts a cake to take the last slice himself is the illustration Rawls provides), imperfect procedural justice , where the procedure is such that following it is likely, but not certain, to produce the just result, and pure procedural justice , such as the coin-tossing example, where there is no independent way to assess the outcome – if we call it just, it is only on the grounds that it has come about by following the relevant procedure (Rawls 1971, 1999, § 14).

Theories of justice can then be distinguished according to the relative weight they attach to procedures and substantive outcomes. Some theories are purely procedural in form. Robert Nozick distinguished between historical theories of justice, end-state theories, and patterned theories in order to defend the first against the second and third (Nozick 1974). An end-state theory defines justice in terms of some overall property of a distribution (of resources, welfare, etc.) – for example whether it is egalitarian, or whether the lowest position in the distribution is as high as it can be, as Rawls’ difference principle requires. A patterned theory looks at whether what each receives as part of a distribution matches some individual feature such as their desert or their need. By contrast, an historical theory asks about the process by which the final outcome has arisen. In Nozick’s particular case, a distribution of resources is said to be just if everyone within its scope is entitled to what they now own, having acquired it by legitimate means – such as voluntary contract or gift – from someone who was also entitled to have it, leading back eventually to a just act of acquisition – such as labouring on a plot of land – that gave the first owner his valid title. The shape of the final distribution is irrelevant: according to Nozick, justice is entirely a matter of the sequence of prior events that created it (for critical assessments of Nozick’s position, see Paul 1982, Wolff 1991, Cohen 1995, chs. 1–2).

For most philosophers, however, the justice of a procedure is to a large extent a function of the justice of the outcomes that it tends to produce when applied. For instance, the procedures that together make up a fair trial are justified on the grounds that for the most part they produce outcomes in which the guilty are punished and the innocent are acquitted. Yet even in these cases, we should be wary of assuming that the procedure itself has no independent value. We can ask of a procedure whether it treats the people to whom it is applied justly, for example by giving them adequate opportunities to advance their claims, not requiring them to provide personal information that they find humiliating to reveal, and so forth. Studies by social psychologists have shown that in many cases people care more about being treated fairly by the institutions they have to deal with than about how they fare when the procedure’s final result is known (Lind and Tyler 1988).

Justice takes a comparative form when to determine what is due to one person we need to look at what others can also claim: to determine how large a slice of pie is rightfully John’s, we have to know how many others have a claim to the pie, and also what the principle for sharing it should be – equality, or something else. Justice takes a non-comparative form when we can determine what is due to a person merely by knowing relevant facts about that particular person: if John has already been promised the whole of the pie, then that is what he can rightfully claim for himself. Some theories of justice seem to imply that justice is always a comparative notion – for example when it is said that justice consists in the absence of arbitrary inequality – whereas others imply that it is always non-comparative. But conceptually, at least, both forms seem admissible; indeed we can find cases in which it appears we have to choose between doing justice comparatively and doing it non-comparatively (see Feinberg 1974; for a critical response, see Montague 1980). For example, we might have several candidates all of whom are roughly equally deserving of an academic honour, but the number of honours we are permitted to award is smaller than the number of candidates. If we honour some but not others, we perpetrate a comparative injustice, but if to avoid doing so we honour no-one at all, then each is treated less well than they deserve, and so unjustly from a non-comparative perspective.

Theories of justice can then be categorised according to whether they are comparative, non-comparative, or neither. Principles of equality – principles requiring the equal distribution of some kind of benefit – are plainly comparative in form, since what is due to each person is simply an equal share of the benefit in question rather than any fixed amount. In the case of principles of desert, the position is less straightforward. These principles take the form ‘ A deserves X by virtue of P ’, where X is a mode of treatment, and P is a personal characteristic possessed by A (Feinberg 1970). In the case of both X and P , we can ask whether they are to be identified comparatively or non-comparatively. Thus what A deserves might either be an entitlement, or an absolute amount of some benefit – ‘a living wage’, say – or it might be a share of some collective benefit, or a multiple or fraction of what others are receiving – ‘twice what B is getting’, say. Turning to P , or what is often called the desert basis, this may be a feature of A that we can identify without reference to anyone else, or it may be a comparative feature, such as being the best student in a graduating class. So desert-based claims of justice might take one of four different forms depending on whether the basis of desert and/or the deserved mode of treatment is comparative or non-comparative (see Olsaretti 2003 for essays that address this question; for a more advanced treatment, see Kagan 2012, Part III).

Among principles of justice that are straightforwardly non-comparative are ‘sufficiency’ principles which hold that what justice requires is that each person should have ‘enough’, on some dimension or other – for instance, have all of their needs fulfilled, or have a specified set of capabilities that they are able to exercise (for a general defence of sufficiency, though not one that links it specifically to justice, see Frankfurt 2015; for a critique, see Casal 2007). Such principles, however, need to be supplemented by other principles, not only to tell us what to do with the surplus (assuming there is one) once everyone has sufficient resources, but also to guide us in situations where there are too few resources to bring everyone up to the sufficiency threshold. Should we, for example, maximise the number of people who achieve sufficiency, or minimise the aggregate shortfall suffered by those in the relevant group? Unless we are prepared to say that these are not matters of justice, a theory of justice that contains only the sufficiency principle and nothing else looks incomplete.

Some theories of justice cannot readily be classified either as comparative or as non-comparative. Consider one part of Rawls’ theory of social justice, the difference principle, which as noted above requires that social and economic inequalities be arranged to the greatest benefit of the least advantaged (Rawls 1971, 1999, §12–13). Under this principle, ideally just shares are calculated by determining what each person would receive under the set of social institutions whose economic effect is to raise the worst off person to the highest possible level. This is neither a fixed amount, nor one that depends in any direct sense on what other individuals are receiving, or should receive. Applying the difference principle does require making comparisons, but these are comparisons between the effects of different social institutions – say different tax laws, or different ways of defining property rights – not between individual people and the amounts of benefit they are receiving. We might call theories of this kind ‘holistic’ or ‘systemic’.

3. The Scope of Justice

When we raise questions about the scope of justice, we are asking about when principles of justice take effect and among whom . We have already, when discussing Hume, encountered the idea that there might be circumstances in which justice becomes irrelevant – circumstances in which resources are so abundant that it is pointless to allocate individual shares, or, as Hume also believed, in which resources are so scarce that everyone is permitted to grab what he can in the name of self-preservation. But even in circumstances that are less extreme than these, questions about scope arise. Who can make claims of justice, and who might have the corresponding obligation to meet them? Does this depend on the kind of thing that is being claimed? If comparative principles are being applied, who should be counted as part of the comparison group? Do some principles of justice have universal scope – they apply whenever agent A acts towards recipient B , regardless of the relationship between them – while others are contextual in character, applying only within social or political relationships of a certain kind? The present section examines some of these questions in greater detail.

What does a creature have to do, or be like, to be included within the scope of (at least some) principles of justice? Most past philosophers have assumed that the line should be drawn so as to exclude all non-human animals, but more recently some have been prepared to defend ‘justice for animals’ (Nussbaum 2006, ch. 6; Garner 2013). Against this, Rawls asserts that although we have ‘duties of compassion and humanity’ towards animals and should refrain from treating them cruelly, nonetheless they are ‘outside the scope of the theory of justice’ (Rawls 1971, p. 512; Rawls 1999, p. 448). How could this claim be justified?

We can focus our attention either on individual features that humans possess and animals lack, and that might be thought relevant to their inclusion within the scope of justice, or on asymmetries in the relationship between humans and other animals. To begin with the latter, Hume claimed that the domination humans exercised over animals – such that an animal could only possess something by virtue of our permission – meant that we were ‘bound by the laws of humanity to give gentle usage to these creatures, but should not, properly speaking, lie under any restraint of justice with regard to them’ (Hume, Enquiry , p. 190). For Rawls and those influenced by him, principles of distributive justice apply among agents who are related to one another as participants in a ‘cooperative venture for mutual advantage’, and this might seem to exclude animals from the scope of such principles. Critics of this view have pointed to cases of human-animal co-operation (Donaldson and Kymlicka 2011, Valentini 2014); however these arguments focus mainly or entirely on the special case of dogs , and it seems implausible to generalise from them in an attempt to show that human-animal relationships generally have a co-operative character.

But the claim that justice only applies to participants in co-operative practices is anyway vulnerable to the objection that it risks excluding seriously disabled people, people living in isolated communities, and future generations from the scope of justice, so it does not seem compelling as a claim about justice in general (see further below). Might there be other reasons why animals cannot make claims of justice on us? Another Rawls-inspired suggestion is that animals lack the necessary moral powers, in particular the capacity to act on principles of justice themselves. They cannot distinguish what is justly owed to them from what is not; and they cannot determine what they owe to others – whether to humans or to other non-human animals – as a matter of justice. This suggestion interprets justice as involving a kind of reciprocity: an agent to whom justice is due must also in principle be an agent who could dispense justice to others, by virtue of having the relevant capacity, even if for physical reasons – such as suffering from severe disability – they cannot do so in practice.

If this suggestion is rejected, and we allow that some animals, at least, should be included within the scope of justice, we can then ask about the form that justice should take in their cases. Using the distinction drawn in 2.4 above, it appears that justice for animals must be non-comparative. For example, we might attribute rights to the animals over whom we exercise power – rights against cruel treatment, and rights to food and shelter, for instance. This would involve using a sufficiency principle to determine what animals are owed as a matter of justice. It is much less plausible to think that comparative principles might apply, such that giving special treats to one cat but not another could count as an injustice.

The Rawlsian view introduced in the previous section, which holds that principles of social justice apply among people who are engaged together in a co-operative practice, is a leading example of a relational theory of justice. Other theories offer different accounts of the relevant justice-generating feature: for example, Nagel has argued that principles of distributive justice apply among people who by virtue of being citizens of the same state are required both to comply with, and accept responsibility for, the coercive laws that govern their lives (Nagel 2005). In both cases, the claim being made is that when people stand in a certain relationship to one another, they become subject to principles of justice whose scope is limited to those within the relationship. In particular, comparative principles apply within the relationship, but not beyond it. If A stands in a relationship (of the right kind) to B , then it becomes a matter of justice how A is treated relative to B , but it does not matter in the same way how A is treated relative to C who stands outside of the relationship. Justice may still require that C be given treatment of a certain kind, but that will be justice in its non-comparative guise.

Whether justice is relational in either of the ways that Rawls and Nagel suggest has large implications for its scope. In particular it bears on the question whether there is such a thing as global distributive justice, or, in contrast, whether distributive principles only apply to people who are related together as members of the same society or citizens of the same state. For example, might the global inequalities that exist between rich and poor in today’s world be unjust simply as inequalities, or are they unjust only insofar as they prevent poor people from living lives that we judge to be acceptable? (see entries on international distributive justice and global justice ) So much hangs on the question whether, and if so in virtue of what, distributive justice has a relational character. What reason can be given for thinking that it does?

Suppose we have two people A and B , of whom one is significantly better off than another – has greater opportunities or a higher income, say. Why should this be a concern of justice? It seems it will not be a concern unless it can be shown that the inequality between A and B can be attributed to the behaviour of some agent, individual or collective, whose actions or omissions have resulted in A being better off than B – in which case we can ask whether the inequality between them is justifiable, say on grounds of their respective deserts. This reiterates the claim in 1.4 above that without an agent to whom the outcome can be attributed there can only be justice or injustice in a metaphorical, ‘cosmic’, sense. Relational theorists claim that when people associate with one another in the relevant way, they become agents of justice. On a small scale they can organize informally to ensure that each receives what is due to him relative to the rest. On a larger scale, distributive justice requires the creation of legal and other institutions to achieve that outcome. Moreover failure to co-ordinate their actions in this way is likely to be a source of injustice by omission.

Debates about the scope of justice then become debates about whether different forms of human association are of the right kind to create agency in the relevant sense. Take the question of whether principles of social justice should apply to market transactions. If we see the market as a neutral arena in which many individual people freely pursue their own purposes, then the answer will be No. The only form of justice that arises will be justice in the conduct of each agent, who must avoid inflicting harm on others, must fulfil her contracts, and so forth. Whereas if we see the market as governed by a humanly-constructed system of rules that the participants collectively have the power to change – by legislation, for example – then we cannot avoid asking whether the outcomes it currently produces meet relevant standards of distributive justice, whatever we take these to be. A similar issue arises in the debate about over principles of global justice referred to above: is the current world order such that it makes sense to regard humanity as a whole as a collective agent responsible for the distributive outcomes it allows to occur?

Once institutions are established for the purpose (among other things) of delivering justice on a large scale, we can ask what duties of justice individual people have in consequence. Is their duty simply to support the institutions, and comply with whatever rules of conduct apply to them personally? Or do they have further duties to promote justice by acting directly on the relevant principles in their daily lives? No one doubts that some duties of justice fall directly on individuals, for example duties not to deceive or defraud when engaging in commercial transactions (and duties of corrective justice where behaviour is faulty), or duties to carry out one’s fair share of an informally organized project from which one expects to benefit, such as cleaning up the neighbourhood park. Others fall on them because they are performing a role within a social institution, for example the duty of an employer not to discriminate on grounds of race or gender when hiring workers, or the duty of a local government officer to assign public housing to those in greatest need. But what is much more in dispute is whether individual people have more extensive duties to promote social justice (for contrasting views, see Cohen 2008, ch. 3, Murphy 1998, Rawls 1993, Lecture VII, Young 2011, ch. 2).

Consider two cases: the first concerns parents who confer advantages on their children in ways that undermine fair equality of opportunity. If the latter principle of justice requires, to cite Rawls, that ‘those who have the same level of talent and ability and the same willingness to use these gifts should have the same prospects of success regardless of their social class of origin’ (Rawls 2001, p. 44) then there are myriad ways in which some parents can bestow advantages on their children that other parents cannot – financial benefits, educational opportunities, social contacts, and so forth – that are likely to bring greater success in later life. Are parents therefore constrained as a matter of justice to avoid conferring at least some of these advantages, or are they free to benefit their children as they choose, leaving the pursuit of equal opportunities entirely in the hands of the state (for a careful analysis, see Brighouse and Swift 2014)?

The second example concerns wage differentials. Might individuals whose talents can bring them high rewards in the labour market have a duty not to make use of their bargaining power, but instead be willing to work for a fair wage – which if fairness is understood in egalitarian terms might mean the same wage as everyone else (perhaps with extra compensation for those whose labour is unusually burdensome)? Rawls, as we saw above, argued that economic justice meant arranging social and economic inequalities to the greatest benefit of the least advantaged, and in formulating the principle in this way he assumed that some inequalities might serve as incentives to greater production that would also raise the position of the worst-off group in society. But if individuals were willing to forego incentives, and so economic inequalities served no useful purpose, then the arrangement that worked to the greatest benefit of the (otherwise) least advantaged would be one of strict equality. Cohen (2008) argues that Rawls’ position is internally inconsistent. As citizens designing our institutions we are supposed to be guided by the difference principle, but as private actors in the marketplace, we are permitted to ignore that principle and bargain for higher wages, even though doing so will work to the disadvantage of the worst-off group. Justice, according to Cohen, requires us to embrace an ethos of service that disdains material incentives.

Why might we hesitate before agreeing that in cases such as these, justice requires people to refrain from doing things that they are permitted to do by the public rules of their society (passing on benefits to their children; seeking higher wages)? One reason is that the refraining is only going to have a significant effect if it is practised on a large scale, and individuals have no assurance that others will follow their example; meanwhile they (or their children) will lose out relative to the less scrupulous. A connected reason has to do with publicity: it may be hard to detect whether people are following the required ethos or not (see Williams 1998). Is the person who sends her child to a private school because she claims he has special needs that the local state school cannot meet being sincere, or is she just trying to buy him comparative advantage? How can we tell whether the person who claims more money, but merely, he says, as compensation for the unusual stress that his work involves, is reporting honestly? (for Cohen’s response, see Cohen 2008, ch. 8) It appears, then, that there are principles of justice that apply to what Rawls calls ‘the basic structure of society [as] a public system of rules’ that do not apply in the same way to the personal behaviour of the individuals who live within that structure. Attending to the scope , as well as the content , of justice is important.

Recent philosophical writing on justice has drawn attention to forms of injustice that do not involve the material treatment that people receive, either from other persons or from institutions, but the harms they suffer through failures of recognition. They are impacted by social norms and social practices that diminish their sense of agency and induce them to see themselves as of lesser value than others. Here then justice is understood as being adequately and appropriately recognized, and injustice as involving failures of recognition, or in some cases ‘misrecognition’, when a person is placed in a category or assigned an identity that is not their own. In one influential formulation of this idea, ‘it is unjust that some individuals and groups are denied the status of full partners in social interaction simply as a consequence of institutionalized patterns of cultural value in whose construction they have not equally participated and which disparage their distinctive characteristics or the distinctive characteristics assigned to them’ (Fraser in Fraser and Honneth 2003, p. 29).

What, then, does it mean to be recognized? In general it means to be viewed and treated by others in the way that is appropriate to the features that you possess, but most philosophers regard recognition as multidimensional. In particular, they distinguish between being recognized as an equal, where a person is accorded the kind of standing that gives them an equal status with other members of the relevant group, and being recognized for having characteristics, achievements or an identity that may be uniquely their own. Recognition in this second sense may involve the unequal granting of social esteem. Justice as recognition, therefore, is internally complex. At the social level, Axel Honneth distinguishes ‘three forms of social recognition, based in the sphere-specific principles of love, equal legal treatment, and social esteem’ (Fraser and Honneth 2003 p. 180)

The question that arises is how best to understand the relationship between justice of this kind and distributive justice, involving the allocation of material resources and so forth. For Honneth, justice as recognition is understood expansively so that it can also capture issues of economic justice, the thought being that the harm inflicted when, say, labour is not adequately rewarded can be understood as a failure to offer adequate recognition of the worker’s social contribution. For Nancy Fraser, by contrast, recognition and redistribution are seen as two mutually irreducible but jointly necessary conditions for social justice. Failures of recognition can be experienced by some among the economically privileged – such as ‘the African-American Wall Street banker who cannot get a taxi to pick him up’ (Fraser and Honneth 2003, p. 34). Justice as recognition requires cultural shifts in the way that different forms of identity and different types of achievement are valued that are independent of the institutional changes required to achieve distributive justice.

A particular form of recognitional injustice is epistemic injustice as diagnosed by Miranda Fricker (Fricker 2007). This occurs when someone is wronged in their capacity as a source of knowledge, and it takes two main forms: testimonial injustice and hermeneutic injustice. As Fricker explains ‘testimonial injustice occurs when prejudice causes a hearer to give a deflated level of credibility to a speaker’s word; hermeneutical injustice occurs at a prior stage when a gap in collective interpretive resources puts someone as at an unfair disadvantage when it comes to making sense of their social experiences’ (Fricker 2007, p. 1). She argues that testimonial injustice matters for two reasons. First, the person who suffers from it is less able to protect or advance their interests – for example they are less likely to be believed when having to defend themselves in court. Second, since others are unwilling to regard them as competent sources of knowledge, they may lose trust in their own capacity to know, leading in some cases to ‘prolonged self-doubt and loss of intellectual confidence’.

Hermeneutical injustice arises in the context of unequal relationships in which the subordinated party lacks the concept or concepts needed to make sense of their experience (and thereby to challenge their subordination). Fricker uses the example of a woman who suffered sexual harassment at the time before feminists had developed that concept, and so had no adequate word to describe what she was experiencing. Hermeneutical injustice matters most when it is systematic, brought about by power inequalities that leave certain groups ‘hermeneutically marginalised’. However she treats epistemic justice as a virtue that individual hearers can develop, in contrast to recognition theorists like Fraser and Honneth for whom achieving recognitional justice requires collective action to change social and cultural norms on the part of misrecognized groups.

4. Utilitarianism and Justice

Can justice be understood in utilitarian terms? This may in the first place depend on how we interpret utilitarianism. We treat it here as a normative theory whose aim is to supply a criterion – the greatest happiness principle – that can be used, directly or indirectly, both by individuals and by institutions (such as states) in deciding what to do, rather than simply as a tool for evaluating states of affairs. Utilitarianism cannot plausibly provide a theory of justice unless it is interpreted in this action-guiding way, in light of what was said above about justice and agency. We also assume that the most likely candidate will be a rule-utilitarian view that treats principles of justice as belonging to the set of rules which when followed by the relevant agents will tend to produce the greatest total utility (for different ways of formulating this view, see the entry on rule consequentialism) .

Most utilitarians have regarded it as part of their task in defending utilitarianism to show that it can both accommodate and explain much of what we intuitively believe about justice. This is certainly true of two of the greatest among them, John Stuart Mill and Sidgwick, both of whom went to considerable lengths to show that familiar principles of justice could be given a utilitarian rationale (Mill Utilitarianism , ch. 5; Sidgwick 1874/1907, Book III, ch.5). Bentham, in contrast, was more cavalier: ‘justice, in the only sense in which it has a meaning, is an imaginary personage, feigned for the convenience of discourse, whose dictates are the dictates of utility, applied to certain particular cases’ ( The Principles of Morals and Legislation , pp. 125–6). If we follow the lead of Mill and Sidgwick in wishing to take seriously how justice is commonly understood, the utilitarian has two challenges to face. First he or she must show that the demands of justice as commonly understood correspond roughly to the rules that when followed by persons, or implemented by institutions, are most conducive to the greatest happiness. They need not mirror the latter exactly, because utilitarians will argue, as both Mill and Sidgwick did, that our intuitions about justice are often ambiguous or internally inconsistent, but there must be enough overlap to warrant the claim that what the utilitarian theory can accommodate and explain is indeed justice . (As Sidgwick (1874/1907, p. 264) put it, ‘we may, so to speak, clip the ragged edge of common usage, but we must not make excision of any considerable portion’.) Second, some explanation must be given for the distinctiveness of justice. Why do we have a concept that is used to mark off a particular set of requirements and claims if the normative basis for these requirements and claims is nothing other than general utility? What accounts for our intuitive sense of justice? The task confronting the utilitarian, then, is to systematize our understanding of justice without obliterating it.

By way of illustration, both Mill and Sidgwick recognize that desert , of both reward and punishment, is a key component of common understandings of justice, but they argue that if we remain at the level of common sense when we try to analyse it, we run into irresolvable contradictions. For instance, we are inclined to think that a person’s deserts should depend on what they have actually achieved – say the economic value of what they have produced – but also, because achievement will depend on factors for which the person in question can claim no credit, such as inborn talent, that their deserts should depend only on factors for which they are directly responsible, such as the amount of effort they expend. Each of these conceptions, when put into practice, would lead to a quite different schedule of rewards, and the only means to escape the impasse, these utilitarians claim, is to ask which schedule will generate most utility by directing people’s choices and efforts in the most socially productive way. Similar reasoning applies to the principles of punishment: the rules we should follow are the rules that are most conducive to the ends for which punishment is instituted, such as deterring crime.

To explain the distinctiveness of justice, Mill suggests that it designates moral requirements that, because of their very great importance to human well-being, people have a right to have discharged, and are therefore matters of perfect obligation. A person who commits an injustice is always liable to punishment of some kind, he argues. So he explains our sense of justice in terms of the resentment we feel towards someone who breaches these requirements. Sidgwick, who laid greater stress than Mill on the connection between justice and law, also underlined the relationship between justice and gratitude, on one side, and resentment, on the other, in order to capture the way in which our concern for justice seems to differ from our concern for utility in general.

Yet despite these efforts to reconcile justice and utility, three serious obstacles still remain. The first concerns what we might call the currency of justice: justice has to do with the way that tangible benefits and burdens are assigned, and not with the happiness or unhappiness that the assignees experience. It is a matter of justice, for example, that people should be paid the right amount for the jobs that they do, but, special circumstances aside, it is no concern of justice that John derives more satisfaction from his fairly-earned income than Jane does from hers (but see Cohen 1989 for a different view). There is so to speak, a division of labour, under which rights, opportunities, and material benefits of various kinds are allocated by principles of justice, while the conversion of these into units of utility (or disutility) is the responsibility of each individual recipient (see Dworkin 2000, ch. 1). Utilitarians will therefore find it hard to explain what from their point of view seems to be the fetishistic concern of justice over how the means to happiness are distributed, rather than happiness itself.

The second obstacle is that utilitarianism judges outcomes by totalling up utility levels, and has no independent concern for how that utility is distributed between persons. So even if we set aside the currency issue, utilitarian theory seems unable to capture justice’s demand that each should receive what is due to her regardless of the total amount of benefit this generates. Defenders of utilitarianism will argue that when the conduct-guiding rules are being formulated, attention will be paid to distributive questions. In particular, when resources are being distributed among people we know little about individually, there are good reasons to favour equality, since in most cases resources have diminishing marginal utility – the more of them you have, the less satisfaction you derive from additional instalments. Yet this is only a contingent matter. If some people are very adept at turning resources into well-being – they are so-called ‘utility monsters’ – then a utilitarian should support a rule that privileges them. This seems repugnant to justice. As Rawls famously put the general point, ‘each member of society is thought to have an inviolability founded on justice which….even the welfare of every one else cannot override’ (Rawls 1971, p. 28; Rawls 1999, pp. 24–25).

The third and final difficulty stems from utilitarianism’s thoroughgoing consequentialism. Rules are assessed strictly in the light of the consequences of adopting then, not in terms of their intrinsic properties. Of course, when agents follow rules, they are meant to do what the rule requires rather than to calculate consequences directly. But for a utilitarian, it is never going to be a good reason for adopting a rule that it will give people what they deserve or what they are entitled to, when desert or entitlement are created by events in the past, such as a person’s having performed a worthwhile action or entered an agreement. Backward-looking reasons have to be transmuted into forward-looking reasons in order to count. If a rule such as pacta sunt servanda (‘agreements must be kept’) is going to be adopted on utilitarian grounds, this is not because there is any inherent wrongness in defaulting on a compact one has made, but because a rule that compacts must be kept is a useful one, since it allows people to co-ordinate their behaviour knowing that their expectations about the future are likely to be met. But justice, although not always backward-looking in the sense explained, often is. What is due to a person is in many cases what they deserve for what they have done, or what they are entitled to by virtue of past transactions. So even if it were possible to construct a forward-looking rationale for having rules that closely tracked desert or entitlement as these are normally understood, the utilitarian still cannot capture the sense of justice – why it matters that people should get what is due to then – that informs our common-sense judgements.

Utilitarians might reply that their reconstruction preserves what is rationally defensible in common sense beliefs while what it discards are elements that cannot survive sustained critical reflection. But this would bring them closer to Bentham’s view that justice, as commonly understood, is nothing but a ‘phantom’.

5. Contractarianism and Justice

The shortcomings of utilitarianism have prompted several recent philosophers to revive the old idea of the social contract as a better way of bringing coherence to our thinking about justice. The idea here is not that people actually have entered a contract to establish justice, or that they should proceed to do so, but that we can understand justice better by asking the question: what principles to govern their institutions, practices and personal behaviour would people choose to adopt if they all had to agree on them in advance? The contract, in other words, is hypothetical; but the search for agreement is meant to ensure that the principles chosen would, when implemented, not lead to outcomes that people could not accept. Thus whereas a utilitarian might, under some circumstances, be prepared to support slavery – if the misery of the slaves were outweighed by the heightened pleasures of the slave-owners – contractarians claims that no-one could accept a principle permitting slavery, lest they themselves were destined to be slaves when the principle was applied.

The problem that contractarians face is to show how such an agreement is possible. If we were to ask people, in the real world, what principles they would prefer to live under, they are likely to start from a position of quite radical disagreement, given their interests and their beliefs. Some might even be willing to endorse slavery, if they were fairly certain that they would not end up as slaves themselves, or if they were sado-masochists who viewed the humiliations inflicted on slaves in a positive light. So in order to show how agreement could be achieved, contractarians have to model the contracting parties in a particular way, either by limiting what they are allowed to know about themselves or about the future, or by attributing to them certain motivations while excluding others. Since the modelling can be done differently, we have a family of contractarian theories of justice, three of whose most important members are the theories of Gauthier, Rawls and Scanlon.

Gauthier (1986) presents the social contract as a bargain between rational individuals who can gain through co-operating with one another, but who are competing over the division of the resulting surplus. He assumes that each is interested only in trying to maximise his own welfare, and he also assumes that there is a non-co-operative baseline from which the bargaining begins – so nobody would accept a solution that left her less well off than in the baseline condition. Each person can identify the outcome under which they fare best – their maximum gain – but they have no reason to expect others to accept that. Gauthier argues that rational bargainers will converge on the principle of Minimax Relative Concession , which requires each to concede the same relative proportion of their maximum possible gain relative to the non-co-operative baseline. Thus suppose there is a feasible arrangement whereby each participant can achieve two-thirds of their maximum gain, but no arrangement under which they all do better than that, then this is the arrangement that the principle recommends. Each person has made the same concession relative to the outcome that is best for them personally – not accepting the same absolute loss of welfare, let it be noted, but the same proportionate loss.

There are some internal difficulties with Gauthier’s theory that need to be recorded briefly (for a full discussion, see Barry 1989, esp. Part III). One is whether Minimax Relative Concession is in fact the correct solution to the bargaining problem that Gauthier introduces, as opposed to the standard Nash solution which (in a simple two-person case) selects the outcome in which the product of the two parties’ utilities is maximised (for discussion of different solutions to the bargaining problem, see the entry on contemporary approaches to the social contract , § 3.2). A second is whether Gauthier is able to justify positing a ‘Lockean’ baseline, under which each is assumed to respect the natural rights of the others, as the starting point for bargaining over the surplus – as opposed to a more conflictual ‘Hobbesian’ baseline in which individuals are permitted to use their natural powers to threaten one another in the process of establishing what each could expect to get in the absence of co-operation. But the larger question is whether a contract modelled in this way is an appropriate device for delivering principles of justice. On the one hand, it captures the idea that the practice of justice should work to everyone’s advantage, while requiring all those involved to moderate the demands they make on one another. On the other hand, it prescribes a final distribution of benefit that appears morally arbitrary, in the sense that A ’s bargaining advantage over B – which stems from the fact that his maximum possible gain is greater than hers – allows him to claim a higher level of benefit as a matter of justice . This seems implausible: there may be prudential reasons to recommend a distribution that reflects the outcome that self-interested and rational bargainers would arrive at, but claims of justice need a different basis.

John Rawls’ theory of justice is the most widely-cited example of a contractarian theory, but before outlining it, two words of caution are necessary. First, the shape of the theory has evolved from its first incarnation in Rawls (1958) through his major work A Theory of Justice (Rawls 1971) and on to Rawls (1993) and Rawls (2001). Second, although Rawls has consistently claimed that the principles of justice he defends are the principles that would be selected by people in a suitably designed ‘original position’ in which they are asked to choose the social and political institutions they will live under – this is what qualifies his theory as contractarian – it is less clear how important a role the contract itself plays in his thinking. His principles, which are discussed elsewhere (see the entry on John Rawls) , can be defended on their own merits as a theory of social justice for a modern liberal society, even if their contractual grounding proves to be unsound. Rawls presents the contracting parties as seeking to advance their own interests as they decide which principles to favour, but under two informational constraints. First, they are not allowed to know their own ‘conception of the good’ – what ends they personally find it most valuable to pursue – so the principles must be couched in terms of ‘primary goods’, understood as goods that it is better to have more rather than less of whatever conception of the good you favour. Second, they are placed behind a ‘veil of ignorance’ that deprives them of any knowledge of personal characteristics, such as their gender, their place in society, or the talents and skills they possess. This means that they have no basis on which to bargain for advantage, and have to consider themselves as generic persons who might be male or female, talented or untalented, and so forth. In consequence, Rawls argues, all will choose to live under impartial principles that work to no-one’s advantage in particular.

The problem for Rawls, however, is to show that the principles that would be selected in such an original position are in fact recognizable as principles of justice . One might expect the parties to calculate how to weigh the primary goods (which Rawls catalogues as ‘rights and liberties, opportunities and powers, income and wealth’) against each other, and then to choose as their social principle ‘maximise the weighted sum of primary goods, averaged across all persons’. This, however, would bring the theory very close to utilitarianism, since the natural method of weighing primary goods is to ask how much utility having a given quantity of each is likely, on average, to bring (for the claim that utilitarianism would be chosen in a Rawlsian original position, see Harsanyi 1975). Since Rawls wishes to reject utilitarianism, he has to adjust the psychology of the parties in the original position so that they reason differently. Thus he suggests that, at least in developed societies, people have special reason to prioritise liberty over the other goods and to ensure that it is equally distributed: he argues that this is essential to safeguard their self-respect. In later writing his argument is less empirical: now the parties to the contract are endowed with ‘moral powers’ that must be exercised, and it is then fairly easy to show that this requires them to have a set of basic liberties.

When he turns to the distribution of income and wealth, Rawls has to show why his choosers would pick the difference principle, which considers only the position of the worst-off social group, over other principles such as maximising average income across the whole society. In Theory of Justice he does this by attributing special psychological features to the choosers that make it appropriate for them to follow the ‘maximin’ rule for decisions under uncertainty (choose the option whose worst possible outcome is least bad for you). For example, they are said to be much more concerned to achieve the minimum level of income that the difference principle would guarantee them than to enjoy increases above that level. In his later work, he abandons this reliance on maximin reasoning and gives greater prominence to another argument hinted at in Theory . This portrays the contracting parties as starting out from the presumption that income and wealth should be distributed equally, but then recognizing that all can benefit by permitting certain inequalities to arise. When these inequalities are governed by the difference principle, they can be justified to everyone, including the worst off, thus creating the conditions for a more stable society. But we need then to ask why equal distribution should be treated as the benchmark, departures from which require special justification. When Rawls says that it is ‘not reasonable’ for any of the parties initially to expect more than an equal share (Rawls 1971, p. 150; Rawls 1999, p. 130), is this simply a corollary of their position as rational choosers behind a veil of ignorance, or has Rawls in addition endowed them with a substantive sense of justice that includes this presumption of equality?

Although Rawls throughout presents his theory of justice as contractarian, we can now see that the terms of the contract are in part determined by prior normative principles that Rawls engineers the parties to follow. So in contrast to Gauthier, it is no longer simply a case of self-interested contractors negotiating their way to an agreement. Rawls candidly admits that the contractual situation has to be adjusted so that it yields results that match our pre-existing convictions about justice. But then we may ask how much work the contractual apparatus is really doing (see Barry 1989, ch. 9 for a critical appraisal).

Scanlon (1998) does not attempt to deliver a theory of justice in the same sense as Rawls, but his contractarian account of that part of morality that specifies ‘what we owe to each other’ covers much of the same terrain (for an explicit attempt to analyse justice in Scanlonian terms, see Barry 1995). Like Rawls, Scanlon is concerned to develop an alternative to utilitarianism, and he does so by developing a test that any candidate moral principle must pass: it must be such that no-one could reasonably reject it as the basis for informed, unforced general agreement (see the entry on contractualism ). Scanlon’s contractors are not positioned behind a veil of ignorance. They are able to see what effect adopting any proposed principle would have on them personally. If that effect is unacceptable to them, they are permitted to reject it. Each person has, so to speak, a veto on any general principle for regulating conduct. Those that survive this test are defensible as principles of justice – Scanlon concedes that there might be alternative sets of such principles appropriate to different social conditions.

It might seem, however, that giving each person a veto would lead straightforwardly to deadlock, since anyone might reject a principle under which he fared badly relative to some alternative. Here the idea of reasonable rejection becomes important. It would not, Scanlon thinks, be reasonable to reject a principle under which one does badly if the alternatives all involve someone else faring worse still. One needs to take account of other people’s reasons for rejecting these alternatives. It might then appear that Scanlon’s contractualism yields the difference principle, which requires the worst-off group in society to be as well of as they can be. But this is not the conclusion that Scanlon draws (though he acknowledges that there might be special reasons to follow Rawls in requiring basic social institutions to follow the difference principle). The claims of other groups must be considered too. If a policy greatly benefits many others, while slightly worsening the position of a few, though without leaving them very badly off, it may well not be rejectable. Scanlon’s position leaves some room for aggregation – it makes a difference how many people will be benefitted if a principle is followed – though not the simple form of aggregation that utilitarians defend.

Scanlon also says that a person can have a reason for rejecting a principle if it treats them unfairly, say by benefitting some but not others for arbitrary reasons. This presupposes a norm of fairness that the contractarian theory does not itself attempt to explain or justify. So it looks as though the purpose of the theory is to provide a distinctive account of moral reasoning (and moral motivation) but not to defend any substantive principles of distributive justice. In this respect, Scanlon’s contractualism is less ambitious than either Gauthier’s or Rawls’.

6. Egalitarianism and Justice

In the recent past, many philosophers have sought to establish a close connection between justice and equality: they ask the question ‘what kind of equality does justice require?’, and to that several competing answers have been given (see, for example Cohen 1989, Dworkin 2000, Sen 1980). But we should not be too hasty to assume that what justice demands is always equality, whether of treatment or of outcome. Perhaps it does so only in a formal sense. As we saw in sect 1.3, justice requires the impartial and consistent application of rules, from which it follows that when two people are alike in all relevant respects, they must be treated equally. But, as Aristotle among others saw, justice also involves the idea of proportional treatment, which implies recipients getting unequal amounts of whatever good is at issue (Aristotle, Nicomachean Ethics , Book V, ch. 3). If A is twice as deserving or twice as needy as B , justice may require that she receives more than B does. So here formal equality of treatment – the same rule applied to both – leads to an unequal outcome. Again, when justice takes the conservative form of respect for existing entitlements or legitimate expectations (see para 2.1) there is no reason to anticipate that what is due to different people will be substantively the same.

So we need to ask about the circumstances in which justice requires a substantively equal distribution of advantages. One rather obvious case occurs when the members of the group within which the distribution is going to occur have no relevant distinguishing features, so there are no grounds on which some can claim greater shares of benefit than others. Suppose a group experiences a windfall gain for which no-one can claim any credit: a pot of gold somehow appears in their midst. Then unless any member can make a justice-related claim for a larger-than-equal share – say that she has special needs that she lacks sufficient resources to meet – an equal distribution of the gold is what justice demands, since any other distribution would be arbitrary. Equality here is the default principle that applies in the absence of any special claims that can be presented as reasons of justice.

Equality also acts as a default in circumstances where, although people may indeed have unequal claims to whatever good is being distributed, we have no reliable way of identifying and measuring those claims. By sharing the good equally, we can at least ensure that every claim has been partially satisfied. Thus suppose we have limited supplies of a drug that can treat malaria, and a number of patients displaying symptoms of the disease, but lacking specialised medical knowledge we cannot tell whether one person’s condition is more serious than another’s; then by sharing out the drug equally, we can guarantee that each person at least receives the highest fraction of what they really need. Any other distribution must leave at least one person with less (this of course assumes that there is no threshold amount of the drug beneath which it is ineffective; if that assumption is wrong, justice under the stated conditions might require a lottery in which the chosen ones receive threshold-size doses).

If justice requires equality only by default, it might seem to apply only in a narrow range of cases. How could egalitarian justice be made more robust? One approach involves declaring a wider range of factors irrelevant to just distribution. Thus one formulation of the principle holds that no-one should be worse-off than anyone else as a result of their ‘morally arbitrary’ characteristics, where a characteristic is morally arbitrary when its possessor cannot claim credit for having it. This captures a widespread intuition that people should not be advantaged or disadvantaged by virtue of their race or gender, but extends it (more controversially) to all personal features with a genetic basis, such as natural talents and inborn dispositions. In doing so, it discounts most claims of desert, since when people are said to deserve benefits of various kinds, it is usually for performing actions or displaying qualities that depend upon innate characteristics such as strength or intelligence. In the following section, we will see how egalitarian theories of justice have tried to incorporate some desert-like elements by way of response. But otherwise justice as equality and justice as desert appear to be in conflict, and the challenge is to show what can justify equal treatment in the face of inequalities of desert.

A second approach answers this challenge by explaining why it is positively valuable to afford people equal treatment even if they do display features that might appear to justify differential treatment. A prominent advocate of this approach is Dworkin, who argues that fundamental to justice is a principle of equal concern and respect for persons, and what this means in more concrete term is that equal resources should be devoted to the life of each member of society (Dworkin 2000). (The reference to membership here is not redundant, because Dworkin understands egalitarian justice as a principle that must be applied within sovereign states specifically – so in the terms of 3.2, this is a relational view of justice.) The thought is that showing persons equal respect may sometimes require us to afford them equal treatment, even in the face of relevant grounds for discrimination. Thus we insist on political equality – one person, one vote – even though we know that there are quite large differences in people’s competence to make political decisions.

As noted above, justice as simple equality of treatment seems open to the objection that it fails to acknowledge the agency of the recipients, who may have acted in ways that appear to qualify them to receive more (or less) of whatever benefit is being distributed. To answer this objection, several recent philosophers have presented alternative versions of ‘responsibility-sensitive egalitarianism’ – a family of theories of justice that treat equal distribution as a starting point but allow for departures from that baseline when these result from the responsible choices made by individuals (see Knight and Stemplowska 2011 for examples). These theories differ along several dimensions: the ‘currency of justice’ used to define the baseline of equality, the conditions that must be fulfilled for a choice to qualify as responsible, and which among the consequences that follow from a choice should count when the justice of an outcome is being assessed (it may in particular appear unjust to allow people to suffer the full consequences of bad choices that they could not reasonably have anticipated). The label that is often used to describe a sub-class of these theories is ‘luck egalitarianism’. According to luck egalitarians, justice requires that no-one should be disadvantaged relative to others on account of ‘brute’ bad luck, whereas inequalities that arise through the exercise of personal responsibility are permissible (for a full discussion of luck egalitarianism, see the entry on justice and bad luck ). ‘Brute’ luck is interpreted widely to include not only external circumstances such as one person’s initially having access to more resources than another, but also internal factors such as possessing natural abilities or disabilities, or having involuntarily acquired expensive tastes. All such inequalities are to be ironed out by redistribution or compensation, while people’s choices about how to use the assets they are granted should be respected, even if this leads to significant inequality in the long run.

Luck egalitarianism has proved surprisingly influential in recent debates on justice, despite the evident difficulties involved in, for example, quantifying ‘brute luck disadvantage’ in such a way that a compensatory scheme could be established. There are, however, a number of problems it has to face. By giving scope to personal responsibility, it seeks to capture what is perhaps the most attractive part of the conventional idea of desert – that people should be rewarded for making good choices and penalised for making bad ones – while filtering out the effects of having (undeserved) natural talents. But in reality the choices that people make are influenced by the talents and other qualities that they happen to have already. So if we allow someone to reap advantages by, for example, devoting long hours to learning to play the piano at a high level, we must recognize that this is a choice that she would almost certainly not have made unless early experiment showed that she was musically gifted. We cannot say what she would have chosen to do in a counterfactual world in which she was tone deaf. There seems then to be no coherent half-way house between accepting full-blooded desert and denying that people can justly claim relative advantage through the exercise of responsibility and choice (see further Miller 1999, ch. 7) .

A second problem is that one person’s exercise of responsibility may prove advantageous or disadvantageous to others, even though they have done nothing to bring this change about, so from their point of view it must count as ‘brute’ luck. This will be true, for example, in any case in which people are competing to excel in some field, where successful choices made by A will worsen the comparative position of B , C , and D . Or again, if A acts in a way that benefits B , but does nothing comparable to improve the position of C and D , then an inequality is created that counts as ‘brute bad luck’ from the perspective of the latter. One of the most influential exponents of luck egalitarianism seems to have recognized the problem in a late essay: ‘unlike plain egalitarianism, luck egalitarianism is paradoxical, because the use of shares by people is bound to lead to a distribution flecked by luck’ (Cohen 2011, p. 142).

We have seen that equality can sometimes be understood as required by justice; but it can also be valued independently. Indeed there can be circumstances in which the two values collide, because what justice demands is inequality of outcome. The kind of inequality that is independently valuable is social equality, best understood as a property of the relationships that prevail within a society: people regard and treat each other as social equals, and the society’s institutions are designed to foster and reflect such attitudes. A society of equals contrasts with one in which people belong to different ranks in a social hierarchy, and behave towards one another as their relative ranking prescribes. Different reasons can be given for objecting to social inequality, and conversely for valuing social equality (see Scanlon 2003).

Those who find equality valuable for reasons other than reasons of distributive justice are often described as ‘relational egalitarians’ (see Anderson 1999, Wolff 1998, Fourie, Schuppert and Wallimann-Helmer 2015). It is tempting to regard relational egalitarianism as a rival theory of justice to the luck egalitarian theory outlined in §6.2, but it may be more illuminating to see it instead as providing an alternative account of why we should care about limiting material inequality. Thus, faced with a world like the one we currently inhabit in which income differences are very large, justice theorists are likely to criticize these inequalities on grounds that they are not deserved, or arise from brute luck, etc., whereas relational egalitarians will say that they create a divided society in which people are alienated from each other, and cannot interact in a mutually respectful way. Relational equality does not address issues of distribution directly, and so cannot function as a theory of justice itself, but it can provide grounds for preferring one theory of justice to its rivals – namely that implementing that particular theory is more likely to create or sustain a society of equals.

We saw at the beginning of this article that justice can take a number of different forms, depending on the practical context in which it is being applied. Although we found common elements running through this diversity of use – most readily captured in Justinian’s ‘suum cuique ’ formula – these were formal rather than substantive. In these circumstances, it is natural to look for an overarching framework into which the various contextually specific conceptions of justice can all be fitted. Three such frameworks were examined: utilitarianism, contractarianism and egalitarianism. None, however, passed what we might call the ‘Sidgwick/Rawls test’, namely that of incorporating and explaining the majority at least of our considered convictions about justice – beliefs that we feel confident in holding about what justice requires us to do in a wide and varied range of circumstances (for Rawls’ version of the test see the entry on reflective equilibrium ). So unless we are willing to jettison many of these convictions in order to uphold one or other general framework, we will need to accept that no comprehensive theory of justice is available to us; we will have to make do with partial theories – theories about what justice requires in particular domains of human life. Rawls himself, despite the bold title of his first book ( A Theory of Justice ), came to recognize that what he had outlined was at best a theory of social justice applied to the basic institutional structure of a modern liberal state. Other forms of justice – familial, allocative, associational, international – with their associated principles would be applicable in their respective domains (for an even more explicitly pluralist account of justice, see Walzer 1983; for a fuller defence of a contextual approach to justice, see Miller 2013, esp. ch. 2).

One way to loosen up our thinking about justice is by paying greater attention to the history of the concept. We can learn a great deal by reading what Aristotle, or Aquinas, or Hume, has to say about the concept, but as we do so, we also see that elements we would expect to find are missing (there is nothing about rights in Aristotle, for example), while others that we would not anticipate are present. This may in some part be due to the idiosyncrasies of each thinker, but more importantly it reflects differences in the form of social life in which each was embedded – its economic, legal and political structure, especially. Various attempts have been made to write histories of justice that are more than just catalogues of what individual thinkers have said: they aim to trace and explain systematic shifts in the way that justice has been interpreted (for contrasting examples, see MacIntyre 1988, Fleischacker 2004, Johnston 2011). These should not be read as enlightenment stories in which our understanding of justice steadily improves as the centuries roll by. MacIntyre’s view, for example, is that modern liberal societies cannot sustain the practices within which notions of justice find their proper home. We can get a better grasp of what justice means to us by seeing the various conceptions that compete for our attention as tied to aspects of our social world that did not exist in the past, and are equally liable to disappear in the future.

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How to cite this entry . Preview the PDF version of this entry at the Friends of the SEP Society . Look up topics and thinkers related to this entry at the Internet Philosophy Ontology Project (InPhO). Enhanced bibliography for this entry at PhilPapers , with links to its database.

• Justice , course lectures by Michael Sandel
• Justice Everywhere , a group blog about justice in public affairs

Aristotle, General Topics: ethics | consequentialism | consequentialism: rule | contractualism | feminist philosophy, topics: perspectives on reproduction and the family | justice: as a virtue | justice: distributive | justice: global | justice: intergenerational | justice: international distributive | justice: retributive | justice: transitional | luck: justice and bad luck | Rawls, John | reflective equilibrium | social contract: contemporary approaches to

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The Death Penalty Can Ensure ‘Justice Is Being Done’

A top Justice Department official says for many Americans the death penalty is a difficult issue on moral, religious and policy grounds. But as a legal issue, it is straightforward.

By Jeffrey A. Rosen

Mr. Rosen is the deputy attorney general.

This month, for the first time in 17 years , the United States resumed carrying out death sentences for federal crimes.

On July 14, Daniel Lewis Lee was executed for the 1996 murder of a family, including an 8-year-old girl, by suffocating and drowning them in the Illinois Bayou after robbing them to fund a white-supremacist organization. On July 16, Wesley Purkey was executed for the 1998 murder of a teenage girl, whom he kidnapped, raped, killed, dismembered and discarded in a septic pond. The next day, Dustin Honken was executed for five murders committed in 1993, including the execution-style shooting of two young girls, their mother, and two prospective witnesses against him in a federal prosecution for methamphetamine trafficking.

The death penalty is a difficult issue for many Americans on moral, religious and policy grounds. But as a legal issue, it is straightforward. The United States Constitution expressly contemplates “capital” crimes, and Congress has authorized the death penalty for serious federal offenses since President George Washington signed the Crimes Act of 1790. The American people have repeatedly ratified that decision, including through the Federal Death Penalty Act of 1994 signed by President Bill Clinton, the federal execution of Timothy McVeigh under President George W. Bush and the decision by President Barack Obama’s Justice Department to seek the death penalty against the Boston Marathon bomber and Dylann Roof .

The recent executions reflect that consensus, as the Justice Department has an obligation to carry out the law. The decision to seek the death penalty against Mr. Lee was made by Attorney General Janet Reno (who said she personally opposed the death penalty but was bound by the law) and reaffirmed by Deputy Attorney General Eric Holder.

Mr. Purkey was prosecuted during the George W. Bush administration, and his conviction and sentence were vigorously defended throughout the Obama administration. The judge who imposed the death sentence on Mr. Honken, Mark Bennett, said that while he generally opposed the death penalty, he would not lose any sleep over Mr. Honken’s execution.

In a New York Times Op-Ed essay published on July 17 , two of Mr. Lee’s lawyers criticized the execution of their client, which they contend was carried out in a “shameful rush.” That objection overlooks that Mr. Lee was sentenced more than 20 years ago, and his appeals and other permissible challenges failed, up to and including the day of his execution.

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8 Tips For Writing A Social Justice Essay

Social justice covers a variety of issues involving race, gender, age, sexual orientation, income equality and much more. How do you write an essay on a social justice issue that’s engaging, informative and memorable? Here are eight tips you should take to heart when writing:

When writing a social justice essay, you should brainstorm for ideas, sharpen your focus, identify your purpose, find a story, use a variety of sources, define your terms, provide specific evidence and acknowledge opposing views.

#1. Brainstorm creatively

Before you start writing your social justice essay, you need a topic. Don’t hesitate to look far and wide for inspiration. Read other social justice essays, look at recent news stories, watch movies and talk to people who are also interested in social justice. At this stage, don’t worry about the “trendiness” of your idea or whether a lot of people are already writing about it. Your topic will evolve in response to your research and the arguments you develop. At the brainstorming stage, you’re focused on generating as many ideas as possible, thinking outside the box and identifying what interests you the most. Take a free online course to get a better understanding of social justice.

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You can take a creative brainstorming approach! A blog on Hubspot offers 15 creative ideas such as storyboarding, which involves laying out ideas in a narrative form with terms, images and other elements. You can also try freewriting, which is when you choose something you’re interested in. Next, write down everything you already know, what you need to know but don’t already, why the topic matters and anything else that comes to mind. Freewriting is a good exercise because it helps you decide if there’s any substance to a topic or if it’s clear there’s not enough material for a full essay.

#2. Sharpen your topic’s focus

The best essays narrow on a specific social justice topic and sharpen its focus, so it says something meaningful and interesting. This is often challenging, but wrestling with what exactly you want your essay to say is worth the effort. Why? An essay with a narrow, sharp focus has a clearer message. You’re also able to dig deeper into your topic and provide better analysis. If your topic is too broad, you’re forced to skim the surface, which produces a less interesting essay.

How do you sharpen your essay’s focus? Grace Fleming provides several tips on ThoughtCatalog . First, you can tell your topic is too broad if it can be summarized in just 1-2 words. As an example, “health inequity” is way too broad. Fleming suggests applying the questions, “Who, what, where, when, why and how,” to your topic to narrow it down. So, instead of just “health inequity,” you might end up with something like “The impact of health inequity in maternal healthcare systems on Indigenous women.” Your topic’s focus may shift or narrow even further depending on the research you find.

Writing a human rights topic research paper? Here are five of the most useful tips .

#3. Identify your purpose

As you unearth your topic and narrow its focus, it’s important to think about what you want your essay to accomplish. If you’re only thinking about your essay as an assignment, you’ll most likely end up with a product that’s unfocused or unclear. Vague sentiments like “Everyone is writing about social justice” and “Social justice is important” are also not going to produce an essay with a clear purpose. Why are you writing this essay? Are you wanting to raise awareness of a topic that’s been historically ignored? Or do you want to inspire people to take action and change something by giving them concrete how-to strategies? Identifying your purpose as soon as possible directs your research, your essay structure and how you style your writing.

If you’re not sure how to find your purpose, think about who you’re writing for. An essay written for a university class has a different audience than an essay written for a social justice organization’s social media page. If there are specific instructions for your essay (professors often have requirements they’re looking for), always follow them closely. Once you’ve identified your purpose, keep it at the front of your mind. You’ll produce an essay that’s clear, focused and effective.

#4. Find a human story

The best social justice essays don’t only provide compelling arguments and accurate statistics; they show your topic’s real-world impact. Harvard’s Kennedy School’s communications program describes this process as “finding a character.” It’s especially useful when you’re writing something persuasive. Whatever your topic, try to find the human stories behind the ideas and the data. How you do that depends on the nature of your essay. As an example, if you’re writing something more academic, focusing too much on the emotional side of a story may not be appropriate. However, if you’re writing an essay for an NGO’s fundraising campaign, focusing on a few people’s stories helps your reader connect to the topic more deeply.

How do you choose what stories to feature? Harvard suggests choosing someone you have access to either through your research or as an interview subject. If you get the opportunity to interview people, make sure you ask interesting questions that dig beneath the surface. Your subject has a unique perspective; you want to find the information and stories only they can provide.

#5. Rely on a variety of sources

Depending on your essay’s purpose and audience, there might be certain sources you’re required to use. In a piece for Inside Higher Ed, Stephanie Y. Evans describes how her students must use at least 10 source types in their final paper assignment. Most of the time, you’ll have a lot of freedom when it comes to research and choosing your sources. For best results, you want to use a wide variety. There are a few reasons why. The first is that a variety of sources gives you more material for your essay. You’ll access different perspectives you wouldn’t have found if you stuck to just a few books or papers. Reading more sources also helps you ensure your information is accurate; you’re fact-checking sources against one another. Expanding your research helps you address bias, as well. If you rely only on sources that reflect your existing views, your essay will be much less interesting.

While we’re talking about sources, let’s touch on citations. If you’re writing an essay for school, your teacher will most likely tell you what citation method they want you to use. There are several depending on the discipline. As an example, in the United States, social science disciplines like sociology and education tend to use the American Psychological Association (APA) style. Some places are very rigid about citation styles, while others are more relaxed. If you’re writing an essay where your citation won’t be checked, you still need to give credit to any ideas, thoughts, or research that’s not yours. Proper citation builds trust with your reader and boosts your credibility.

Here are more tips on writing a human rights essay!

#6. Define your key terms

To make your essay as clear and effective as possible, you want every reader on the same page right at the beginning. Defining your key terms is an important step. As Ian Johnston writes, creating an effective argument requires “the establishment of clear, precise, and effective definitions for key terms in the arguments.” You may have to adapt an existing definition or write your own. Johnston offers principles such as adjusting a definition based on the knowledge of who you’re writing for, focusing on what a term is and not just on its effects, and expanding a definition so it covers everything a reader needs to know.

How do you decide which terms are important in your essay? First, never assume a reader understands a term because it’s “obvious.” The most obvious terms are often the ones that need the clearest definitions. If your reader doesn’t know exactly what you’re talking about when you use a term like “health equity,” your essay won’t be as effective. In general, you want to define any terms relevant to your topic, terms that are used frequently and terms with distinct meanings in the context of your essay.

#7. Provide specific evidence and examples

Social justice issues are grounded in reality, so an essay should reflect that. Don’t spend your whole paper being philosophical or hypothetical. As an example, let’s say you’re writing an essay about desertification in Mali. Don’t discuss desertification as an abstract concept. Include real statistics and case studies on desertification in Mali, who it’s affecting the most and what is being done about it. For every argument you make, present supporting evidence and examples.

The strength of your evidence determines the strength of your arguments. How do you find strong evidence? Cite This For Me lists a handful of examples , such as studies, statistics, quotes from subject matter experts and/or reports, and case studies. Good evidence also needs to be accurate and in support of your argument. Depending on your essay topic, how current a piece of evidence is also matters. If you’re not relying on the most current evidence available, it can weaken your overall argument. Evidence should also be as specific as possible to your topic. Referring back to our desertification in Mali essay, that means locating examples of how desertification affects people in Mali , not in Chad or Russia.

Academic essay writing requires specific skills. Here’s an online introductory course on academic writing .

#8. Acknowledge your critics

Not every social justice essay requires an acknowledgment of opposing viewpoints, but addressing critics can strengthen your essay. How? It lets you confront your critics head-on and refute their arguments. It also shows you’ve researched your topic from every angle and you’re willing to be open-minded. Some people worry that introducing counterarguments will weaken the essay, but when you do the work to truly dissect your critic’s views and reaffirm your own, it makes your essay stronger.

The University of Pittsburgh offers a four-step strategy for refuting an argument. First, you need to identify the claim you’re responding to. This is often the trickiest part. Some writers misrepresent the claims of their critics to make them easier to refute, but that’s an intellectually dishonest method. Do your best to understand what exactly the opposing argument is claiming. Next, make your claim. You might need to provide specific evidence, which you may or may not have already included in your essay. Depending on the claim, your own thoughts may be a strong enough argument. Lastly, summarize what your claim implies about your critics, so your reader is left with a clear understanding of why your argument is the stronger one.

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

What is an Argumentative Essay? How to Write It (With Examples)

Table of Contents

We define an argumentative essay as a type of essay that presents arguments about both sides of an issue. The purpose is to convince the reader to accept a particular viewpoint or action. In an argumentative essay, the writer takes a stance on a controversial or debatable topic and supports their position with evidence, reasoning, and examples. The essay should also address counterarguments, demonstrating a thorough understanding of the topic.

What is an argumentative essay?  

• Argumentative essay outline 
• Types of argument claims 

How to write an argumentative essay?

• Argumentative essay writing tips 
• Good argumentative essay example 

How to write a good thesis

• How to Write an Argumentative Essay with Paperpal? 

Frequently Asked Questions

An argumentative essay is a type of writing that presents a coherent and logical analysis of a specific topic. 1 The goal is to convince the reader to accept the writer’s point of view or opinion on a particular issue. Here are the key elements of an argumentative essay: 

• Thesis Statement : The central claim or argument that the essay aims to prove. 
• Introduction : Provides background information and introduces the thesis statement. 
• Body Paragraphs : Each paragraph addresses a specific aspect of the argument, presents evidence, and may include counter arguments.  Articulate your thesis statement better with Paperpal. Start writing now!
• Evidence : Supports the main argument with relevant facts, examples, statistics, or expert opinions.
• Counterarguments : Anticipates and addresses opposing viewpoints to strengthen the overall argument.
• Conclusion : Summarizes the main points, reinforces the thesis, and may suggest implications or actions. 

Argumentative essay structure  

Aristotelian, Rogerian, and Toulmin are three distinct approaches to argumentative essay structures, each with its principles and methods. 2 The choice depends on the purpose and nature of the topic. Here’s an overview of each type of argumentative essay format.

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Argumentative essay outline  

An argumentative essay presents a specific claim or argument and supports it with evidence and reasoning. Here’s an outline for an argumentative essay, along with examples for each section: 3  

1.  Introduction : 

• Hook : Start with a compelling statement, question, or anecdote to grab the reader’s attention. 

Example: “Did you know that plastic pollution is threatening marine life at an alarming rate?” 

• Background information : Provide brief context about the issue. 

Example: “Plastic pollution has become a global environmental concern, with millions of tons of plastic waste entering our oceans yearly.” 

• Thesis statement : Clearly state your main argument or position. 

Example: “We must take immediate action to reduce plastic usage and implement more sustainable alternatives to protect our marine ecosystem.” 

2.  Body Paragraphs : 

• Topic sentence : Introduce the main idea of each paragraph. 

Example: “The first step towards addressing the plastic pollution crisis is reducing single-use plastic consumption.” 

• Evidence/Support : Provide evidence, facts, statistics, or examples that support your argument. 

Example: “Research shows that plastic straws alone contribute to millions of tons of plastic waste annually, and many marine animals suffer from ingestion or entanglement.” 

• Counterargument/Refutation : Acknowledge and refute opposing viewpoints. 

Example: “Some argue that banning plastic straws is inconvenient for consumers, but the long-term environmental benefits far outweigh the temporary inconvenience.” 

• Transition : Connect each paragraph to the next. 

Example: “Having addressed the issue of single-use plastics, the focus must now shift to promoting sustainable alternatives.” 

3.  Counterargument Paragraph : 

• Acknowledgement of opposing views : Recognize alternative perspectives on the issue. 

Example: “While some may argue that individual actions cannot significantly impact global plastic pollution, the cumulative effect of collective efforts must be considered.” 

• Counterargument and rebuttal : Present and refute the main counterargument. 

Example: “However, individual actions, when multiplied across millions of people, can substantially reduce plastic waste. Small changes in behavior, such as using reusable bags and containers, can have a significant positive impact.” 

4.  Conclusion : 

• Restatement of thesis : Summarize your main argument. 

Example: “In conclusion, adopting sustainable practices and reducing single-use plastic is crucial for preserving our oceans and marine life.” 

• Call to action : Encourage the reader to take specific steps or consider the argument’s implications. 

Example: “It is our responsibility to make environmentally conscious choices and advocate for policies that prioritize the health of our planet. By collectively embracing sustainable alternatives, we can contribute to a cleaner and healthier future.” 

Types of argument claims  

A claim is a statement or proposition a writer puts forward with evidence to persuade the reader. 4 Here are some common types of argument claims, along with examples: 

• Fact Claims : These claims assert that something is true or false and can often be verified through evidence.  Example: “Water boils at 100°C at sea level.”
• Value Claims : Value claims express judgments about the worth or morality of something, often based on personal beliefs or societal values. Example: “Organic farming is more ethical than conventional farming.” 
• Policy Claims : Policy claims propose a course of action or argue for a specific policy, law, or regulation change.  Example: “Schools should adopt a year-round education system to improve student learning outcomes.” 
• Cause and Effect Claims : These claims argue that one event or condition leads to another, establishing a cause-and-effect relationship.  Example: “Excessive use of social media is a leading cause of increased feelings of loneliness among young adults.” 
• Definition Claims : Definition claims assert the meaning or classification of a concept or term.  Example: “Artificial intelligence can be defined as machines exhibiting human-like cognitive functions.” 
• Comparative Claims : Comparative claims assert that one thing is better or worse than another in certain respects.  Example: “Online education is more cost-effective than traditional classroom learning.” 
• Evaluation Claims : Evaluation claims assess the quality, significance, or effectiveness of something based on specific criteria.  Example: “The new healthcare policy is more effective in providing affordable healthcare to all citizens.” 

Understanding these argument claims can help writers construct more persuasive and well-supported arguments tailored to the specific nature of the claim.  

If you’re wondering how to start an argumentative essay, here’s a step-by-step guide to help you with the argumentative essay format and writing process.

• Choose a Topic: Select a topic that you are passionate about or interested in. Ensure that the topic is debatable and has two or more sides.
• Define Your Position: Clearly state your stance on the issue. Consider opposing viewpoints and be ready to counter them.
• Conduct Research: Gather relevant information from credible sources, such as books, articles, and academic journals. Take notes on key points and supporting evidence.
• Create a Thesis Statement: Develop a concise and clear thesis statement that outlines your main argument. Convey your position on the issue and provide a roadmap for the essay.
• Outline Your Argumentative Essay: Organize your ideas logically by creating an outline. Include an introduction, body paragraphs, and a conclusion. Each body paragraph should focus on a single point that supports your thesis.
• Write the Introduction: Start with a hook to grab the reader’s attention (a quote, a question, a surprising fact). Provide background information on the topic. Present your thesis statement at the end of the introduction.
• Develop Body Paragraphs: Begin each paragraph with a clear topic sentence that relates to the thesis. Support your points with evidence and examples. Address counterarguments and refute them to strengthen your position. Ensure smooth transitions between paragraphs.
• Address Counterarguments: Acknowledge and respond to opposing viewpoints. Anticipate objections and provide evidence to counter them.
• Write the Conclusion: Summarize the main points of your argumentative essay. Reinforce the significance of your argument. End with a call to action, a prediction, or a thought-provoking statement.
• Revise, Edit, and Share: Review your essay for clarity, coherence, and consistency. Check for grammatical and spelling errors. Share your essay with peers, friends, or instructors for constructive feedback.
• Finalize Your Argumentative Essay: Make final edits based on feedback received. Ensure that your essay follows the required formatting and citation style.

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Argumentative essay writing tips  

Here are eight strategies to craft a compelling argumentative essay: 

• Choose a Clear and Controversial Topic : Select a topic that sparks debate and has opposing viewpoints. A clear and controversial issue provides a solid foundation for a strong argument. 
• Conduct Thorough Research : Gather relevant information from reputable sources to support your argument. Use a variety of sources, such as academic journals, books, reputable websites, and expert opinions, to strengthen your position. 
• Create a Strong Thesis Statement : Clearly articulate your main argument in a concise thesis statement. Your thesis should convey your stance on the issue and provide a roadmap for the reader to follow your argument. 
• Develop a Logical Structure : Organize your essay with a clear introduction, body paragraphs, and conclusion. Each paragraph should focus on a specific point of evidence that contributes to your overall argument. Ensure a logical flow from one point to the next. 
• Provide Strong Evidence : Support your claims with solid evidence. Use facts, statistics, examples, and expert opinions to support your arguments. Be sure to cite your sources appropriately to maintain credibility. 
• Address Counterarguments : Acknowledge opposing viewpoints and counterarguments. Addressing and refuting alternative perspectives strengthens your essay and demonstrates a thorough understanding of the issue. Be mindful of maintaining a respectful tone even when discussing opposing views. 
• Use Persuasive Language : Employ persuasive language to make your points effectively. Avoid emotional appeals without supporting evidence and strive for a respectful and professional tone. 
• Craft a Compelling Conclusion : Summarize your main points, restate your thesis, and leave a lasting impression in your conclusion. Encourage readers to consider the implications of your argument and potentially take action. 

Good argumentative essay example  

Let’s consider a sample of argumentative essay on how social media enhances connectivity:

In the digital age, social media has emerged as a powerful tool that transcends geographical boundaries, connecting individuals from diverse backgrounds and providing a platform for an array of voices to be heard. While critics argue that social media fosters division and amplifies negativity, it is essential to recognize the positive aspects of this digital revolution and how it enhances connectivity by providing a platform for diverse voices to flourish. One of the primary benefits of social media is its ability to facilitate instant communication and connection across the globe. Platforms such as Facebook, Twitter, and Instagram break down geographical barriers, enabling people to establish and maintain relationships regardless of physical location and fostering a sense of global community. Furthermore, social media has transformed how people stay connected with friends and family. Whether separated by miles or time zones, social media ensures that relationships remain dynamic and relevant, contributing to a more interconnected world. Moreover, social media has played a pivotal role in giving voice to social justice movements and marginalized communities. Movements such as #BlackLivesMatter, #MeToo, and #ClimateStrike have gained momentum through social media, allowing individuals to share their stories and advocate for change on a global scale. This digital activism can shape public opinion and hold institutions accountable. Social media platforms provide a dynamic space for open dialogue and discourse. Users can engage in discussions, share information, and challenge each other’s perspectives, fostering a culture of critical thinking. This open exchange of ideas contributes to a more informed and enlightened society where individuals can broaden their horizons and develop a nuanced understanding of complex issues. While criticisms of social media abound, it is crucial to recognize its positive impact on connectivity and the amplification of diverse voices. Social media transcends physical and cultural barriers, connecting people across the globe and providing a platform for marginalized voices to be heard. By fostering open dialogue and facilitating the exchange of ideas, social media contributes to a more interconnected and empowered society. Embracing the positive aspects of social media allows us to harness its potential for positive change and collective growth.

• Clearly Define Your Thesis Statement:   Your thesis statement is the core of your argumentative essay. Clearly articulate your main argument or position on the issue. Avoid vague or general statements.  
• Provide Strong Supporting Evidence:   Back up your thesis with solid evidence from reliable sources and examples. This can include facts, statistics, expert opinions, anecdotes, or real-life examples. Make sure your evidence is relevant to your argument, as it impacts the overall persuasiveness of your thesis.  
• Anticipate Counterarguments and Address Them:   Acknowledge and address opposing viewpoints to strengthen credibility. This also shows that you engage critically with the topic rather than presenting a one-sided argument. 

How to Write an Argumentative Essay with Paperpal?  

Writing a winning argumentative essay not only showcases your ability to critically analyze a topic but also demonstrates your skill in persuasively presenting your stance backed by evidence. Achieving this level of writing excellence can be time-consuming. This is where Paperpal, your AI academic writing assistant, steps in to revolutionize the way you approach argumentative essays. Here’s a step-by-step guide on how to use Paperpal to write your essay: 

Upgrade your essays with Paperpal

• Sign Up or Log In: Begin by creating an account or logging into paperpal.com .  
• Navigate to Paperpal Copilot: Once logged in, proceed to the Templates section from the side navigation bar.  
• Generate an essay outline: Under Templates, click on the ‘Outline’ tab and choose ‘Essay’ from the options and provide your topic to generate an outline.  
• Develop your essay: Use this structured outline as a guide to flesh out your essay. If you encounter any roadblocks, click on Brainstorm and get subject-specific assistance, ensuring you stay on track. 
• Refine your writing: To elevate the academic tone of your essay, select a paragraph and use the ‘Make Academic’ feature under the ‘Rewrite’ tab, ensuring your argumentative essay resonates with an academic audience. 
• Final Touches: Make your argumentative essay submission ready with Paperpal’s language, grammar, consistency and plagiarism checks, and improve your chances of acceptance.  

Paperpal not only simplifies the essay writing process but also ensures your argumentative essay is persuasive, well-structured, and academically rigorous. Sign up today and transform how you write argumentative essays. 

The length of an argumentative essay can vary, but it typically falls within the range of 1,000 to 2,500 words. However, the specific requirements may depend on the guidelines provided.

You might write an argumentative essay when:  1. You want to convince others of the validity of your position.  2. There is a controversial or debatable issue that requires discussion.  3. You need to present evidence and logical reasoning to support your claims.  4. You want to explore and critically analyze different perspectives on a topic. 

Argumentative Essay:  Purpose : An argumentative essay aims to persuade the reader to accept or agree with a specific point of view or argument.  Structure : It follows a clear structure with an introduction, thesis statement, body paragraphs presenting arguments and evidence, counterarguments and refutations, and a conclusion.  Tone : The tone is formal and relies on logical reasoning, evidence, and critical analysis.    Narrative/Descriptive Essay:  Purpose : These aim to tell a story or describe an experience, while a descriptive essay focuses on creating a vivid picture of a person, place, or thing.  Structure : They may have a more flexible structure. They often include an engaging introduction, a well-developed body that builds the story or description, and a conclusion.  Tone : The tone is more personal and expressive to evoke emotions or provide sensory details. 

• Gladd, J. (2020). Tips for Writing Academic Persuasive Essays.  Write What Matters . 
• Nimehchisalem, V. (2018). Pyramid of argumentation: Towards an integrated model for teaching and assessing ESL writing.  Language & Communication ,  5 (2), 185-200. 
• Press, B. (2022).  Argumentative Essays: A Step-by-Step Guide . Broadview Press. 
• Rieke, R. D., Sillars, M. O., & Peterson, T. R. (2005).  Argumentation and critical decision making . Pearson/Allyn & Bacon. 

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Justice, Law, and Argument

Essays on Moral and Legal Reasoning

• © 1980
• Ch. Perelman 0 ,
• Harold J. Berman 1

Centre de Philosophie du Droit, Université Libre de Bruxelles, Belgium

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Harvard University, USA

Part of the book series: Synthese Library (SYLI, volume 142)

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Philosophy of Law

Dewey, John

The Logic of Guilt, Innocence and Legal Discourse

• Epistemology
• formal logic

Table of contents (17 chapters)

Front matter, concerning justice.

• Ch. Perelman, Harold J. Berman

Five Lectures on Justice

Justice and its problems, equity and the rule of justice, on the justice of rules, justice and justification, justice and reason, justice and reasoning, equality and justice, justice re-examined, the use and abuse of confused notions, the justification of norms, law and morality, law and rhetoric, legal reasoning, law, logic and epistemology, law, philosophy and argumentation, what the philosopher may learn from the study of law, back matter, authors and affiliations.

Ch. Perelman

Harold J. Berman

What Is Criminal Justice?

Any discussion of how to write a criminal justice essay must begin with a clear understanding of what the term ‘criminal justice’ actually refers to. In short, criminal justice can be defined as the system responsible for dealing with crime. This system includes everything from law enforcement and the courts to prisons and probation services.

When writing a criminal justice essay, students will usually be asked to focus on one particular area of the criminal justice system. For example, they may be asked to write about the police, the courts, or prisons. Be sure that your subject matter can directly be linked back to the criminal justice system in order to make the most impact on the reader.

Types of Criminal Justice Essays

There are many types of criminal justice essays, and each style will have different requirements in terms of content and structure. Here are some of the most popular types of criminal justice essays that students may be asked to write:

Criminal Justice Research Essays

Research essays will require students to conduct extensive research on a particular topic within the criminal justice system. Students will need to collect evidence from multiple reliable sources and use this evidence to support their argument.

Criminal Justice Argumentative Essays

An argumentative essay on criminal justice will ask students to take a particular stance on an issue within the criminal justice system and then defend their position using evidence. These types of essays usually require students to have a strong understanding of both sides of the argument before taking a stance.

Criminal Justice Compare and Contrast Essays

A compare and contrast essay will ask students to consider two or more topics within the criminal justice system and identify their similarities and differences. Compare and contrast essays often require students to have a strong understanding of both topics in order to make effective comparisons.

Criminal Justice Cause and Effect Essays

A cause and effect essay will look at why something happens within the criminal justice system and its effects on society or an individual. These types of essays often require students to carry out extensive research in order to identify the causes and consequences of a particular issue.

Criminal Justice Problem-Solution Essays

A problem-solution essay will ask students to identify a problem within the criminal justice system and put forward a solution for this problem. These types of essays often require students to have a strong understanding of both the problem and the potential solutions before they can offer a solution.

Criminal Justice Critical Analysis Essays

Students will be asked to conduct a critical analysis of a criminal justice system issue in a critical analysis essay. These essays often require students to have a strong understanding of the issues at hand in order to offer a well-rounded analysis.

No matter what type of criminal justice essay you are asked to write, be sure to carefully read the instructions to determine what is required of you. Once you understand the task at hand, you can begin planning and writing your essay.

General Tips for Writing a Criminal Justice Essay

When writing a criminal justice essay, there are a few general tips that you can follow to make sure that your essay is of the highest quality.

Before you start writing your essay, it is essential to take some time to plan out what you are going to say. This will help to ensure that your writing flows smoothly and that all of the critical points are covered.

If your essay requires you to carry out research, be sure to do so thoroughly. Collect evidence from several sources and make sure that this evidence is reliable. Also, make sure to cite all of your sources in the appropriate MLA, Chicago, or APA style.

Your essay should follow a logical path from beginning to end. Use headings and subheadings to help break up your writing and make it easy to read.

Proofreading

Once you have finished writing your essay, be sure to proofread it carefully in order to catch any mistakes. It is also good to have someone else read over your essay to give you feedback.

Make sure that you follow these tips when writing your criminal justice essay to give yourself the best chance of success.

With the guide above detailing the possible types of criminal justice essays you may be asked to write and some general tips for writing a criminal justice essay, you may now be wondering what topics you could write about. To help get you started, we have provided a list of 155 criminal justice essay topics below:

Criminal Justice Research Essay Topics

• The impact of social media on the criminal justice system
• The use of DNA evidence in the criminal justice system
• The role of technology in the criminal justice system
• Racial bias in the criminal justice system
• The death penalty in the United States
• The juvenile justice system
• Police brutality in the United States
• The war on drugs in the United States
• The prison system in the United States
• Rehabilitation vs. punishment in the criminal justice system

Criminal Justice Argumentative Essay Topics

• Is the death penalty an effective form of punishment?
• Should juveniles be tried as adults?
• Is the prison system in the United States effective?
• Should rehabilitation be the main aim of the criminal justice system?
• Is social media a help or a hindrance to the criminal justice system?
• Should DNA evidence be used in all criminal cases?
• Should police officers be armed?
• Should the age of adulthood be lowered to 16 in criminal cases?
• Should there be a national registry for sex offenders?
• Is stop and search an effective police tactic?

Criminal Justice Problem Solution Essay Topics

• How can police brutality be reduced in the United States?
• How can the war on drugs be won?
• How can the juvenile justice system be improved?
• How can rehabilitation be made more effective in the criminal justice system?
• How can the use of DNA evidence be improved in the criminal justice system?
• How can social media be used to help solve crimes?
• How can racism be eliminated from the criminal justice system?
• How can the prison system be improved in the United States?
• How can the death penalty be made more effective?
• What can be done to reduce crime rates in the United States?

Criminal Justice Opinion Essay Topics

• Do you believe that the death penalty is an effective form of punishment?
• Do you believe that juveniles should be tried as adults?
• Do you believe that the prison system in the United States is effective?
• Are police officers more or less effective when they are armed?
• How do you feel about stop and search police tactics?

Criminal Justice Compare and Contrast Essay Topics

• The criminal justice system in the United States vs. the criminal justice system in the UK
• The death penalty vs. life in prison
• DNA evidence vs. eyewitness testimony
• Police brutality in the United States vs. police brutality in other countries
• The juvenile justice system in the United States vs. the juvenile justice system in France
• The prison system in the United States vs. the prison system in other countries
• Rehabilitation vs. punishment

Criminal Justice Definition Essay Topics

• The term “social justice”
• The term “police brutality”
• The term “white-collar crime”
• The term “organized crime”
• The term “street crime”
• The term “cybercrime”
• The term “capital punishment”
• The term “juvenile delinquency”
• The term “recidivism”
• The term “restorative justice”

Criminal Justice Cause and Effect Essay Topics

• The cause of police brutality in the United States
• The effects of the war on drugs in the United States
• The cause of juvenile delinquency
• The effects of the prison system in the United States
• The cause of recidivism
• The effects of rehabilitation in the criminal justice system
• The cause of white-collar crime
• The effects of capital punishment
• The cause of cybercrime
• The effects of social media on the criminal justice system

Criminal Justice Essay Topics About Famous Cases

• The O.J. Simpson case
• The Trayvon Martin case
• The Rodney King case
• The Michael Brown case
• The Eric Garner case
• The Ferguson riots
• The Baltimore riots
• The Charleston church shooting
• The Sandy Hook Elementary School shooting
• The Orlando nightclub shooting
• The Las Vegas mass shooting
• The Parkland school shooting
• The Waco siege
• The Ruby Ridge standoff
• The Oklahoma City bombing

Criminal Justice Essay Topics About Legislation

• The USA PATRIOT Act
• The Patriot Act of 2001
• The Homeland Security Act of 2002
• The USA FREEDOM Act
• The Voting Rights Act of 1965
• The Civil Rights Act of 1964
• The Fair Housing Act of 1968
• The Immigration and Nationality Act of 1965
• The Immigration Reform and Control Act of 1986
• The Illegal Immigration Reform and Immigrant Responsibility Act of 1996
• The Border Patrol Act of 1925
• The USA PATRIOT Improvement and Reauthorization Act of 2005
• The Animal Enterprise Terrorism Act of 2006

Criminal Justice Essays About Social Issues

• The war on drugs
• Police brutality
• Racial profiling
• Mass incarceration
• The school-to-prison pipeline
• Private prisons
• Capital punishment
• Juvenile justice
• Forensic science
• Gun control

Criminal Justice Essay Topics About Reform

• Prison reform
• Sentencing reform
• Drug policy reform
• Police reform
• Judicial reform
• Immigration reform
• Electoral reform
• Gun control reform
• Innovations in criminal justice system reform in the United States

Criminal Justice Narrative Essay Topics

• A day in the life of a police officer
• A day in the life of a prison guard
• A day in the life of a probation officer
• A day in the life of a parole officer
• A day in the life of a court clerk
• A day in the life of a prosecutor
• A day in the life of a death row inmate
• A day in the life of a public defender
• A day in the life of a private attorney
• A day in the life of a jury member
• A day in the life of a bailiff
• A day in the life of a judge
• A day in the life of a victims’ advocate

Criminal Justice Essay Topics About Ethics

• The ethics of the death penalty
• The ethics of solitary confinement
• The ethics of plea bargaining
• The ethics of mandatory minimum sentencing
• The ethics of asset forfeiture
• The ethics of police brutality
• The ethics of stop and frisk
• The ethics of racial profiling
• The ethics of the war on drugs
• The ethics of mass incarceration
• The ethics of private prisons
• The ethics of juvenile justice
• The ethics of the school-to-prison pipeline
• The ethics of forensic science

Criminal Justice Essay Topics About Career Options

• A career as a police officer
• A career as a detective
• A career as a crime scene investigator
• A career as a forensic scientist
• A career as a criminal defense attorney
• A career as a prosecutor
• A career as a judge
• A career as a paralegal
• A career as a court reporter
• A career as a bailiff
• A career in corrections
• A career in probation and parole
• A career in victim advocacy
• A career in law enforcement administration
• A career in private security
• A career in intelligence and counterterrorism

Every topic in this list offers students the chance to explore an issue of importance to the criminal justice system and share their own insights and perspectives on that issue. Remember that writing a criminal justice essay can be quite challenging, especially if you have never written one before. However, with a little bit of planning and some help from online resources, it is possible to write a great criminal justice essay that will earn you a good grade.

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Justice Argumentative Essays Samples For Students

167 samples of this type

WowEssays.com paper writer service proudly presents to you an open-access collection of Justice Argumentative Essays designed to help struggling students deal with their writing challenges. In a practical sense, each Justice Argumentative Essay sample presented here may be a guidebook that walks you through the essential phases of the writing process and showcases how to compose an academic work that hits the mark. Besides, if you require more visionary help, these examples could give you a nudge toward an original Justice Argumentative Essay topic or encourage a novice approach to a threadbare issue.

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Free Need Of Humanistic Evaluation In Social Justice Programs Argumentative Essay Example

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Introduction In the short play written by Billy Goda entitled “No Crime”, he claimed that “a man is innocent until proven guilty by law”. With this statement, Goda maintains that even if a man confesses to commit murder, but the confession was not made before the police or before the court, he must still be treated as an innocent man. It is only the judge who conducted the trial of the accused, who can issue a ruling that the man is guilty (Goda 76).

Good Example Of Argumentative Essay On Ethics

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Introduction Capital punishment is one of the most controversial topics pertaining to criminal punishment. For many years, this issue has been debated, yet until today, no conclusive position has been reached especially in the United States. Discussing the issue of capital punishment is important primarily because people are divided on whether capital punishment should be imposed or abolished. Furthermore, capital punishment raises an ethical dilemma that needs to be resolved since it is crucial in achieving a just justice system. This paper would like to argue that capital punishment is a just form of punishment.

Should The Death Penalty Be Mandatory For Killers Argumentative Essay Sample

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Argumentative Essay On How Does The Criminal Justice System Respond To Organized Crime

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According to Baker, the American justice system is in need of an evolution, which will bring the courtroom into the 21st century. Baker was speaking about the use of technology within the courtroom, but the availability of DNA has made it quite clear the American justice system needs to look forward to the future and consider all possibilities to improve the system as a whole. This paper will discuss the use of DNA in American justice system helped investigators to detect crime in a way easier than in the past.

Rawls’ And Nozick’s Theories Of Justice Argumentative Essay Samples

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The Japanese attack on Pearl Harbor in 1941 caused the wholehearted participation of the USA with World War II. The experience of war turned American culture into one predominated by nationalism and paranoia. A good example of this is the Supreme Court case Toyosaburo Korematsu v. United States, 323 U.S. 214 (1944). The Supreme Court made a decision in this case that reflected the atmosphere in the country more than the intentions of the American Constitution.

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Law enforcement is a major concern in all the nations of the world, as people seek to maintain law and order in the society. It is, however, worth noting that the legal systems in the different countries vary depending on the law as well as the constitution of the land. No matter the differences, justice is the ultimate goal of these systems. This essay analyses the case of US in comparison to England.

Comparative Criminal Justice US and England

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In this paper, I present arguments that are supportive of the ethical inappropriateness of the Ontario government’s HPV vaccination initiative. I also aim at revealing the ineffectiveness of the program as a public health strategy constructed to combat cervical cancer. In addition, I will use the utilitarian approach to support my views.

The Ontario HPV Program Overview

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This essay considers and discusses the potentially positive effects of curfews for teenagers; i.e. do they keep teenagers out of trouble? Whilst it is not possible to keep teens under observation 24/7, hence it could be said that they will get into trouble at other times of the day, even at school or college for example, is there a special benefit in restricting their movements late at night?

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Should Juveniles Be Tried as Adults? Argumentative Essay

Introduction, juvenile court systems and laws, arguments for and against trying juveniles in adult court systems, works cited.

The purpose of this essay is to determine whether juveniles should be tried as adults under the criminal court system. The age of a juvenile according to most laws is 18 years and below.

However, different states have different ages that define who a juvenile in; for instance, Wyoming have acknowledged 19 years to be the age of a juvenile, while states such as New York, Connecticut and North Carolina, one is recognized as a juvenile when he/she is under the age of 16.

Knowing the age of a person suspected to be a juvenile is vital, because this will assist the authorities to decide which court the individual should be charged in. (Juvenile Law Par. 1).

When it comes to determining whether a juvenile offender will be tried as an adult, juvenile court judges usually look at the seriousness of the alleged offense and the need to protect the community from the juvenile offender, the nature of the offense; whether it was violent, premeditated or aggressive, the amount of damage that resulted from the offense, whether the offense was committed against a person or property, the level of maturity of the juvenile offender, whether they have a criminal record or records of achievements and the likelihood of whether the offender can be rehabilitated by the juvenile criminal system (Cassel and Bernstein 42).

Juvenile laws have become very punitive in the recent past to deal with the increasing cases of juvenile delinquency around the world. The general argument that underlies these changes is that juvenile offenders should be held accountable for their criminal behavior by receiving punishments that are equivalent to their crime.

The juvenile laws have also suggested that the current juvenile justice systems do not offer any important psychological differences between juveniles and adults when considering their criminal responsibility. Despite their being declines in violent crimes committed by juveniles in America, all states have revised and adopted juvenile law policies that will be used to increase the prosecution of juveniles as adults (Free 159).

An example of a state that has adopted new juvenile policies is California which passed the Gang Violence and Youth Crime Prevention Act in March 2000. This act would see juveniles who are 14 years and over being tried as adults for any type of violent crime. This act gave state prosecutors the alternative of transferring juvenile cases that were violent or had gang involvement to the adult court without any judicial reviews (Free 159).

States that support the prosecution of juvenile offenders below the age of 14 in adult courts include Arizona who age limit is ten, Arkansas, Colorado, Maryland whose juvenile offender age is seven, Minnesota, Mississippi, Texas, South Dakota and Vermont (Hile 30).

Arguments that have arisen for trying juvenile offenders as adults are that violence committed by juveniles is viewed to be a serious problem and it should be dealt with in an effective and efficient manner. Other arguments are that juvenile courts are not effective when it comes to dealing with violence committed by juveniles.

The punishments and sentences that are meted out by juvenile courts are not usually appropriate to the kind of crime that has been committed (Cole and Smith 398). Other arguments that have arisen on trying children as adults are that the procedures used in waiving juvenile jurisdictions are usually problematic and cumbersome in many states in America. Criminal justice and law requires that any violent or heinous crimes committed by a person regardless of their age should be dealt with to the full extent of the law.

Despite these arguments, there are those who continue to propose that violent juvenile offenders should be dealt with by the juvenile court system. Many legal and juvenile experts have argued that trying juveniles as adults will only make things worse. Their main argument is that trying juveniles as adults means that the legal system has failed to consider their social and emotional development which is different from that of adults (Cole and Smith 398).

The arguments that have been raised for not trying juveniles as adults are that; the juvenile system has the appropriate mechanisms that can be used to deal with the social and emotional problems of juvenile offenders, general criminal laws around the world recognize that children have diminished capacities and responsibilities for their actions, meting out adult punishments to juvenile offenders robs them of their childhood and threatens their psychological development.

Such arguments have put pressure on legislators to lower the age of adulthood so that violent cases for serious juvenile offenders can be tried in the adult court system. This has however been viewed to be a futile exercise given that different states have different guidelines and procedures that are used to determine the appropriate age of a juvenile.

Some legal experts have argued that setting artificial guidelines to be used in determining whether a juvenile is an adult will restrict the ability of the court system to convict the juvenile offenders based on the type of crime they have committed (Hile 32).

The main argument that has been identified in the essay is that juvenile offenders who have mostly committed violent crimes should be tried and prosecuted in the adult criminal court system. This is mostly because the juvenile system does not provide the necessary punitive actions that can be used to deal with serious juvenile offenders.

Arguments in the essay have shown that to counter the juvenile system’s poor punishments, serious offenders should be tried in the adult court systems which have been viewed to be more punitive and strict when it comes to serious violent crimes

Cassel, Elaine and Bernstein, Douglas. Criminal behaviour , 2 nd Edition, New Jersey, US: Lawrence Erlbaum Associate Publishers, 2007. Print.

Cole, George and Smith, Christopher. Criminal justice in America. California: Thomson Wadsworth Education Publishers, 2008. Print.

Free, Marvin. Racial issues in criminal justice: the case of African Americans . Westport, US: Praeger Publishers, 2003. Print.

Hile, Kevin. Trial of juveniles as adults. United States: Chelsea House Publishers, 2003. Print.

Juvenile Laws. History, trying juveniles as adults, modern juvenile law, should the justice system be abolished ? N.d., Web.

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