The Compatibility Between Justice and Mercy

Main Article Content

Chanut Naktranun

Abstract

This research article was qualitative research to study the compatibility between justice and mercy. These two concepts seemed to be incompatible with each other because justice depended on neutrality while mercy depended on the emotion and feeling of the giver. The study found that justice and mercy were compatible with each other by the concept of “merciful justice” that was already proposed by Jeanine Diller for the academic circle of the west. Applying merciful justice in social situations needs careful consideration which is 1. It will always create comparative injustice. 2. Noncomparative justice is a minimum requirement for the one who doesn’t get mercy. 3. The positive impact that is created by mercy must outweigh the negative impact that is created by comparative injustice.

Article Details

How to Cite
Naktranun, C. (2021). The Compatibility Between Justice and Mercy. Rajapark Journal, 15(42), 102–116. Retrieved from https://so05.tci-thaijo.org/index.php/RJPJ/article/view/253269
Section
Research Article

References

Anton, A. L. (2018). The Virtue of Justice and Mercy. In Audrey L. Anton (ed.), The bright and the Good the Connection Between Intellectual and Moral Virtues. London: Rowman & Littlefield International Ltd.

Aristotle. (2009). The Nicomachean Ethics, Translated by David Ross. New York: Oxford University Press.

Campbell, T. D. (1974). Humanity Before Justice. British Journal of Political Science, 4(1), 1-16.

Diller, J. (2013). Merciful Justice. Philosophia, 41(3), 719-735.

Feinberg, J. (1974). Noncomparative Justice. Philosophical Review, 83(3), 297-339.

Fuller, L. L. (1949). The Case of the Speluncean Explorers, Harvard Law Review, 62(4), 616-645.

Levine, R. H., & Pannier, R. (2005). Comparative and Noncomparative Justice: Some Guidelines for Constitutional Adjudication. William & Mary Bill of Rights Journal, 14(1), 141-192.

Livnat, Y. (2003). Benevolence and Justice. The Journal of Value Inquiry, 37, 507-515.

Nozick, R. (1974). Anarchy, State and Utopia. USA: Basic Books.

Rizzo, M. J. (2008). Justice Versus Benevolence: A Modern Humean View. Minnesota Journal of Law, Science and Technology, 9(2), 883-898.

Swift, A. (2006). Political Philosophy: A Beginners’ Guide for Students and Politicians (2nd ed.). Cambridge: Polity Press.

Wagstaff, G. F. (1994). Equity, Equality, and Need: Three Principles of Justice or One? An Analysis of “Equity as Desert”. Current Psychology, 13(2), 138-152.