Abstract
By the time of the Upanishads, kingship had become an institution and society had become stratified. All humans were subject to the law of Karma. Their present conditions reflected the lives they had lived in the past. The cornerstone of Confucius’ thoughts on justice is the concept of Ren, which consists of a number of virtues and is the means of building a society composed of righteous and virtuous individuals. The Greek conception of justice in the Axial Age begins with the epic poems of Homer and Hesiod. A just person in the Greek Axial Age would be someone with respect for what the values, customs and traditions which the society considered the rights of others. Among later thinkers, there were a number who clarified the thinking on justice, culminating in the thoughts of Socrates, Plato and Aristotle.
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Notes
- 1.
- 2.
Etymologically, the name Upanishad is composed of two terms: Upa, meaning near, and Shad, meaning to sit. Hence, Upanishad means sitting at the foot of a sage to receive knowledge. Principal books of Upanishads are Isha, Katha, Brihadaranyaka, Chandogya, Shvetashavatara, Mudaka, Mandukya, Kena, Prashna, Taittiriya and Aitreya. There are also minor Upanishads such as Tejobindu, Atma, Amritabindu and Paramahamsa.
- 3.
Etymologically, Dharma is derived from the root Dhr, meaning to support or sustain.
- 4.
See Laws of Manu (Chapter IV. 172 and 173), translated by J. G. Buhler with commentary by M. M. Ninan. San Bernardino, California, p. 140. See also, Institute of Hindu Law, or the Ordinances of Menu, translated by Sir William Jones. London: FB&C Ltd. Reprint by Forgotten Books 2015, p. 111.
- 5.
See Pancatantra, (a collection of sayings), translated by A. W. Ryder 1925. Chicago: University of Chicago Press. p. 210, Also quoted by Koller 1982, p. 65.
- 6.
Kama is also the name of the god of love. In a narrow perspective, Kama refers to sexual enjoyment. Hence Kama Sutra is a manual addressed to this human need.
- 7.
There are schools of thought in Hinduism that reject the idea of the unification of the self and Brahman. That is, they believe the self can never merge with Brahman. In other words, they believe in dualism. Buddhism rejects the notion of the self and that of Brahman altogether.
- 8.
For greater details, see Radhkrishnan 1951; Tull 1989; Kasulis et al. 1992; Pandey 1993; Neville 2000; Raju 2006; Phillips 2009; Rao 2010; Mishra 2013).
- 9.
See the Rig Veda 10.90.
- 10.
See the Laws of Manu, Book 10, where it is said that the Creator assigned to the Brahmanas “studying and teaching, performing sacrificial rituals for themselves and for others, and giving and receiving donations. He commanded the kshatriya to protect the people, give gifts, perform yajna, study and abstain from attaching himself to sensual pleasures. Vaisyas are to tend cattle, cultivate the land, trade. Lend money, give gifts, perform yajna, and study. The only occupation the Lord prescribed to the sudras was to meekly serve the other three classes.” The word Yajna refers to sacrificial celebration and ritual. Koller (1982, p. 70) speculates: “It may be that the fourth class, sudras represents an accommodation of peoples conquered and absorbed by the Aryans into their society. There is, however, no solid evidence behind this speculation, although we do know that by the time of the Upanishads the four varnas were clearly accepted as an established feature of the Indian society.”
- 11.
On the historical development of Smritis, see Brick 2006.
- 12.
These became the basis of Indian law. See Srivastava 2009, pp. 421–423. For a list of other Smritis, see p. 423 of this paper.
- 13.
The Law Code of Manu (Manusmriti) is considered the first post-Vedic law book, corpus juris, of classical India. It is thought to have had many authors and there is no consensus on the exact date of its appearance. Therefore, the date of its writing, according to scholars, varies widely from around 500 or 200 BC to 200 AD. However, based on extensive research, Naegele 2008, argues that the date of Law Code of Manu is prior to 1900 BC and as such could have influenced law codes in other regions including those in Mesopotamia such as the Law Code of Hammurabi.
- 14.
Kautilya was the prime minister of the first king of the Mauryan Empire, Chandragupta Maurya, who united India for the first time in its history (he managed to conquer all of India, except the southernmost tip of the peninsula). According to historians, Kautilya wrote his law treatise Arthashastra (science of wealth) in around fourth century BC. Arthashastra contains about 6000 hymns and is considered as a manual on how a king should govern his state. The word Shastra means “to govern” and Artha means “wealth and prosperity.” Kautilya is considered the first true economist as well as the first political realist. See Prasad 1989; Bhat, P. R. 2009; Sihag 2014 and 2017; Boesche 2002). See also Mital 2000. For an interesting application of the principle of governance of Kautilya’s Arthashastra to modern management, see Prasoon 2017.
- 15.
For a fuller discussion of these rules, see The Upanishads, The Law Codes of Manu, Mahabharata and Arthashastra of Kautilya. For commentaries on and explanations of these rules, see Radhakrishnan 1951; Nikhilananda 1952; Maitra 1963; Lingat 1973; Koller 1982; Prasad 1989, 1995; Pande, 1990; Ramanathan 2009; Datta 2009; Bhat 2009; Balasubramanian 2009; Singh 2009; Srivastava 2009.
- 16.
See, Gandhi 1949; Unto 1964; Walli 1974; Fitz 2007.
- 17.
Nikhilananda, p. 625.
- 18.
Violence in acts of self-defense or in performance of one’s duty and defense of one’s family or nation (just wars) are considered as Dharmic Hisma (or justifiable violence or righteous violence) and are not considered as violations of rule of Ahisma. See Klostermair 1996, and Subedi 2003.
- 19.
The Laws of Manu specify precisely what is meant by “senses.” These are perceptions and actions by sense organs. These are identified as those sense organs which, by their operations, gain knowledge—ears (the sense of hearing), skin (the sense of touch), eyes (the sense of touch), tongue (the sense of taste) and nose (the sense of smell)—and those that are action organs, voice, hands, legs, anus and genitals. Above these 10 rules the 11th is mind (Manas) “which by its quality belongs to both (sets); when that (mind) has been subdued, both these sets of five have been conquered.” See, The Laws of Manu, Chapter II. 88–92.
- 20.
- 21.
See Ganda 1956.
- 22.
On a philosophical interpretation of the system of moral and ethical rules of Hinduism, see Perret 1998.
- 23.
- 24.
For the contribution of other Chinese philosophers of this age, see Chan 1963; Watson 1967; Legge 1970, 1971; Knoblock 1972 1988; Fingarett 1972; Yu-Lan 1976; Ames 1994; Schwartz 1985; Hinton 1998; Hinton 1998; Loewe and Shaughnessy 1999; Kline and Ivanhoe 2000; Ivanhoe and Van Norden 2005; Lothar 2006; Sun 2015.
- 25.
There are a number of translations of the Analects, among them Waley 1938/1989; Watson 2007; Legge 1971; Lau 1979; Hinton 1998; Slingerland 2003. In this section we rely on Hinton and Slingerland translations. Additionally, a number of authors, such as Roetz 1993, as well as Cline 2013, writing on Confucian thought use their own translation of some of the important passage of the Analects, and we also make use of their translations. Some Western scholars claim that Confucius did not have a conception of justice at all. This claim is refuted by other scholars; see, for example, Xiao 1997. Also some scholars, such as Tiwald 2008, have claimed that there is a parallel between Confucius thought and “virtue ethics” (see Tiwald, 208). However, Liu 2004, has critiqued this position. Cline 2013, keeping in view the definition of the conception of justice given by Rawls 1971, takes a unique position that while Confucius may not have had a “conception of justice” in the Rawlsian understanding, he did focus on a “sense of justice” in the Rawlsian framework. Along with Roetz 1993; Xiao 1997; Chen 1997; Liu 2004; and others, we see a conception of justice in the Analects as will be presented in what follows, even if it does not fit into the Rawlsian paradigm neatly.
- 26.
This idea is similar to Kant’s “categorical imperative.”
- 27.
In Analects IX. 26, Confucius asserts: “Vast armies can be robbed of their commander, but even the simplest of the people cannot be robbed of their free will.”
- 28.
See Xiangming 2002.
- 29.
See, for example, Chapters I, II, IV, XIII and XV.
- 30.
Sun 2015, pp. 17–19, explains the enigmatic concept of “rectifying names.” He suggests: “A name (title, position, concept, etc.) has its defined meaning and proper referent; but, when being frequently misused, the name could cause cognitive confusion and social problems; under this condition, it is necessary to clarify the meaning of the name and its relationship to the thing signified by the name, that is to correct the misuse of the name. Confucius repeatedly stressed such a point that government means rectification, and the first thing of government is to rectify names.”
- 31.
Roetz 1998, p. 113, claims: When the Lunyu (the Analects) demands that “the ruler be ruler, the subject be subject, the father be father, the son be son,” it makes use of the conventional concept of justice.
- 32.
Translations of Analects XX. 1 and XX. 2 are from Hinton 1998, pp. 230–231.
- 33.
For details, see Yutang 1938; Chan 1963; Yu-Lan 1976; Schwartz 1985; Hall and Ames 1987; Peerenboom 1990; Ames 1994; Lee 1995; Xiao 1997; Chan 2001; Hui and Geng 2001; Xiangming 2002; Shun and Wong 2004; Li 2006; Liu 2007; Pines 2009; Cline 2009; Yu 2010; Zhang 2010; and Cline 2013 (especially Chap. 3).
- 34.
- 35.
- 36.
On Greek mythology, see Hard 1997.
- 37.
Praxidikai, “exacters of retribution,” were a triad of Praxidike, the goddess of punishment and vengeance, and her two daughters, goddess of virtue, Arete, and goddess of concord, Homonoia, together were the avenging goddesses who insured that justice was done to humans and carried out the judgments of Dike.
- 38.
A few sentences later (p. 9), however, Solomon uses this same argument relating to the social condition of Greece in eighth and seventh centuries, as reflected in the epics of Homer and Hesiod, to temper judgments critical of the Hebrew Bibles’ brutality in administration of justice exemplified by lex talionis, the rule of “an eye for an eye.” For a succinct description of the social conditions in the Greek society of Homer and Hesiod, see Finley 2002.
- 39.
Some scholars interpret Homer’s conception of justice as “revenge.” See, for example, Solomon 1990. Others however consider that, rather than open-ended revenge, it is measured retaliation or “reciprocal retribution”; see, for example, Stanton 1984.
- 40.
Within the value system of contemporary dominant culture, and with hindsight, the actions and decisions of Zeus (especially in The Iliad) appear far from what could be perceived as issuing from a “just god.” His “justice” appears capricious and unfair, his foreknowledge limited, his actions inconsistent and brutal.
- 41.
In a passage in Odyssey, the Ithacans are told to behave with Nemesis (fairness) toward themselves, with Aidos, respect, toward their people and with fear towards the gods. A good illustration of Homer’s conception of justice in action is a passage in Odyssey (228–229) in which Odysseus declares boldly “No man should ever disregard justice” and proceeds to act accordingly by returning to Ithaca to perform his duties as its king, return to his family to perform his duties as a father and husband, to perform his duties as a man to gain the approval and respect of his people and extract retributions from the enemies of Ithacans.
- 42.
On the role of wealth, acquisition and possession in relation to morality and justice in Axial Age Greece, see Figueira 1995.
- 43.
This is particularly noticeable “in Iliad that restoration can be seen to depend upon the application of a set of rules recognized by the community present in the story, and recognizable by the modern reader as a form of ‘Justice’” (Havelock 1978, p. 124). See his coverage of justice as procedure on pp. 124–126.
- 44.
In the society described by thinkers such as Homer and Hesiod, judges and legislators who adjudicated disputes in their communities, were called “kings.” Where there was one ruler in the society, he was the “King of kings.” In Works and Days, Hesiod considers “kings” corruptible with bribes as he believed was the case when his brother Persis bribed the “kings” to render “crooked judgement” that helped Persis to usurp the inheritance right of Hesiod. See, for example, West 1966; Adkins 1971; Adkins 1972.
- 45.
See, for example, Lloyd-Jones 1971; Sealy 1994.
- 46.
See Nagy’s translation of relevant poems of Hesiod from his Works and Days: 1-10; 298; 256-264; 335-341 pp. 61-66.
- 47.
Ehrenberg 2010.
- 48.
These include Anaximander of Miletus, Pythagoras; Heraclitus, Parmenides, Aeschylus, Eumenides and Herodotus. Space limitation does not permit coverage of the thoughts of these thinkers.
- 49.
For more details of Solon’s conception of justice, see Vlastos 1946, Almeida 2003.
- 50.
See, for example, Lewis 2006.
- 51.
See, for example, Rosivach 1992.
- 52.
See, for example, Harris 1997.
- 53.
See, for example, Milne 1930.
- 54.
See Woodhous 1938; Bubalis 2016; Dimitriev 2018.
- 55.
See Grub and Cooper 2002.
- 56.
Ibid, pp. 21–44.
- 57.
Ibid, pp. 93–154.
- 58.
It is worth noting that a problem exists in identifying and differentiating the thoughts of Socrates from those of Plato. For example, Wallach (2001, pp. 88–89) argues that there is a difference between the historical Socrates and the Socrates whose views Plato reflects in his writings. He believes that Plato chose to give a voice to Socrates in the dialogues that was different from that of the historical Socrates. This approach adopted by Plato, Wallach argues, made it “impossible to establish clearly what counts in the dialogues as either the actual words of the historical Socrates, or the virtual philosophy of the historical Socrates, or a philosophical embryo of Plato’s mature theory that was offered by Socrates, or a problematic reflection of Plato’s own views, in contrast to what Plato himself believed….”
- 59.
- 60.
- 61.
See the discussion on the immortality of soul in Plato’s Republic (Allen 2006); see also the treatment of justice in “Crito” in Grub and Cooper 2002.
- 62.
- 63.
See Thomson, pp. 118–120.
- 64.
See MacIntyre 1988, pp. 103-145.
- 65.
See the collection of writings of Leo Strauss on Ibn Maimon as well as his foray into discussion of Muslim philosophers preceding Ibn Maimon in Green, editor, 2013.
- 66.
- 67.
The Historian A. J. Carlyle in his History of Medieval Political Theory, Vol. 1 (1962, Edinburgh: Blackwood), makes an argument for Stoics’ thoughts on unity among humans in their possession of reason as the starting point of belief in “natural equality among mankind.”
- 68.
For a brief introduction to the life and times of Cicero, see Grant 1971, introduction to his book Cicero, pp. 7–44. See also Eviritt 2001, 2003.
- 69.
See, for example, Nussbaum 1997, and Nussbaum 2000, on the influence of Cicero’s De Officiis on Grotius, Pufendorf, Smith and Kant.
- 70.
- 71.
- 72.
- 73.
See Weinreb 1987, pp. 40–41.
- 74.
See Rudd 1998.
- 75.
On justice as duty from Cicero’s point of view, see Nussbaum 2000, pp. 181–185.
- 76.
Cicero’s conviction on this point led him to strenuous object to land redistribution policies of Julius Caesar.
- 77.
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Mirakhor, A., Askari, H. (2019). Conception of Justice: Axial Age—India, China and Greece. In: Conceptions of Justice from Earliest History to Islam. Political Economy of Islam. Palgrave Macmillan, New York. https://doi.org/10.1057/978-1-137-54303-5_6
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