Free PDF The Concept of Injustice, by Eric Heinze
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The Concept of Injustice, by Eric Heinze
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The Concept of Injustice challenges traditional Western justice theory. Thinkers from Plato and Aristotle through to Kant, Hegel, Marx and Rawls have subordinated the idea of injustice to the idea of justice. Misled by the word’s etymology, political theorists have assumed injustice to be the sheer, logical opposite of justice. Heinze summons ancient and early modern texts, philosophical and literary, with special attention to Shakespeare, to argue that injustice is not primarily the negation, failure or absence of justice. It is the constant product of regimes and norms of justice. Justice is not always the cure for injustice, and is often its cause.
- Sales Rank: #2177914 in eBooks
- Published on: 2012-11-12
- Released on: 2012-11-12
- Format: Kindle eBook
Review
"As Professor of Law and Humanities at Queen Mary College, University of London, Heinze argues in this thought provoking treatise that, contrary to the traditional tenets of Western justice theory, injustice is not primarily the negation, failure or absence of justice. Rather it is ‘the constant product of regimes and norms of justice’. Furthermore, justice is not always the cure for injustice, but often its cause." - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"The scholarship is breathtaking, but don’t be deterred or overawed by Heinze’s stunning erudition . . . something of magnitude is afoot." Adrian Howe, Legal Studies, Vol. 34 No. 4 (2014).
"The Concept of Injustice makes a thought-provoking contribution to debates about justice. Given that these debates are well-trodden ground within Western thought, Heinze is to be commended for such an original and engaging contribution." Ball, Matthew J. Griffith Law Review, Vol. 22, No. 2 (2013).
About the Author
Eric Heinze is Professor of Law and Humanities at Queen Mary, University of London. His most recent publications on legal theory have appeared in Oxford Journal of Legal Studies, Ratio Juris, International Journal of Law in Context, Legal Studies, Journal of Social & Legal Studies, Canadian Journal of Law and Jurisprudence, Law & Critique, Law & Literature, and Law & Humanities.
Most helpful customer reviews
3 of 3 people found the following review helpful.
Highly Recommended
By Andreas
This book seeks to challenge a traditional thesis that has not only seemed unquestionable throughout Western legal and political thought but more importantly a view that has been entrenched in society for centuries. The binary opposition of justice and injustice has almost exclusively been regarded as undoubted. The former being regarded as conceptually prior to the latter while the latter being regarded as nothing more than the negation, the absence of the former. And even though, as Heinze, suggests this view may `do the trick' in many customary context, the position that he seeks to put forward is rather groundbreaking. In denying the binary form of injustice and justice, Heinze sets out to examine the concept of injustice not as mutually exclusive to that of justice but rather as a product of conditions and mechanisms that purport to achieve justice.
Following this aim, Heinze draws from a multitude of thinkers, from Plato and Aristotle to Locke and Rousseau; from Aquinas and Dante to Hegel and Mill, a vast philosophical tradition that has approved of and built on that binary relationship between justice and injustice. Discussion of ideas from these philosophers takes up the first part of the book, the classical understanding. Specific mention should be made to the extensive discussion on Plato and Aristotle (taking up a good part of the first part of the book) as this is rather astounding and further forms the basis upon which works of other thinkers are discussed. Nonetheless, the second part of the book is in no way less interesting as it draws from post-classical literature, predominantly from Shakespeare and Corneille, to argue against the binary model of justice and injustice.
Even though the bibliography may seem overwhelming and despite the fact that one may regard the book as difficult to read or follow, perhaps intimidated but the extensive literature summoned, I would highly recommend the book to anyone interested in the study of legal and political theory. Heinze in trying to support his unconventional view of injustice as the constant product of even the most just regimes, offers an array of arguments. Even if you are not wholly convinced by all of them, or if you find the implication that legal and political systems which we would like to conceive as purely just in fact produce injustice rather frightening, the book is certain to shake up and perhaps cast some doubt on the traditional view of injustice.
2 of 2 people found the following review helpful.
The Concept of Injustice
By Musiaca
In The Concept of Injustice, Professor Eric Heinze sets out to challenge a fundamental notion of Western programmatic justice theories - the binary opposition of justice and injustice. He traces back this notion to the beginning of Western philosophy which he attributes to Plato, who was the first person to give a systematic account of justice. He then follows this line of thought throughout philosophical history in a way which immediately gives him credibility with his vast Russelesque knowledge. He traces this mistake / idealism in Western thought through Plato, Aristotle, Kant, Hegel, Erasmus, Aquinas, Rousseau, Marx, and others.
Heinze argues that justice and injustice are not mutually exclusive opposites as their etymology and classical philosophical construction suggests, rather injustice is a product of justice, and it is created and perpetuated from regimes of justice. His thesis is expressed wonderfully when he says that Thrasymachus [injustice] is the shadow of Socrates [justice].
The thesis presented by Heinze is such a one that will be quite damning to justice theories, he explains that if a justice theory is perfectly executed, it's author would expect a systemically just society to be produced, and they would blame injustices on a misapplication of their theory. However, Heinze's theory would suggest that the binary opposition fails when placed in a systemic context, though it can work in certain isolated and conventional senses. If this is the case, and he presents a very strong argument in its favour, it would seem the authors of justice theories would necessarily have to fully consider the injustice that the application of their theory produces and argue that it is comparatively the least unjust, rather than their theory being most conducive to justice (or prove Heinze wrong). Therefore, if this book is given the attention it deserves it could lead to a transformation of future justice theory, and revitalise the debate for existing theories.
The thesis is split into 2 parts:
First of all he considers the classical understandings of injustice. Heinze asserts that justice theories generally have two approaches, justice as unity and justice as measurement, and explains the traditional view of these approaches and how injustice is considered in binary opposition. In the second part of this book he looks to post-classical understandings where he spends time analysing Shakespeare and Corneille (among others) to show how unity and measurement theories produce injustice. Heinze's interpretations of these texts are convincing and in line with modern analysis (whilst also adding new scholarship to the texts). Don't worry if you are unfamiliar with these works of literature, because Heinze offers you a good account of the texts to allow you to follow his arguments, without this being a digression. The use of literature in this type of work may seem strange when there are a variety of other factual ways to express the argument, but it is justified by the way literature highlights the socio-legal background of societies, without being muddled and cloaked behind a large number of court cases and legislation. They provide the bare-bones of interaction and are insightful reflections of modern market-driven society that we can analyse. It also provides for a fun enterprise to consider genuine examples of how injustice is perpetuated by justice.
The main thesis itself is not the only value of this book, but in making the argument it provides many ancillary points which are particularly interesting. I particularly enjoyed Heinze's discussions of Rousseau's Discourse on Inequality which he used to suggest artificial constructions of justice and also the inevitability of human injustice.
This book is one for the jurisprudent; it is rightly read by anyone interested in justice theory, and necessarily by anyone writing on the subject. Those interested in philosophy and/or literature will find value in this book as well. It will also be useful to anyone doing research in any of these areas with good analysis of a number of different writers. Anyone studying Aristotle, Plato, Rousseau, Shakespeare or Corneille is strongly advised to read the book as these writers being given a lot of attention.
Finally the book is presented wonderfully with a comprehensive bibliography and footnoting style. It also looks beautiful on the bookshelf with a wonderful painting on the cover by Luca Giordano which received a lot of curious glances when I was reading it on the train.
1 of 1 people found the following review helpful.
Dazzling
By magichutch
This is such an intellectual thriller that I am tempted to describe it as 'Zen and the Art of Jurisprudence'. But that would be to do it a disservice, for it is not a work of popular culture but a very serious and very well referenced academic work. Prof Heinze takes on a long established tradition in western thought which has habitually assumed problems of injustice are to be solved by assuming the concept of injustice to be the logical and binary opposite of justice.
My mind initially rebelled at the prospect of seeing injustice as anything other than a failure, negation and absence of justice. Clearly the concepts are mutually exclusive concepts from a common sense perspective. Prof Heinze suggests that we must go beyond the etymology and to see the complexities of justice in real life situations. Rather then approaching injustice from the point of view of an imagined utopia we must appreciate how unjust outcomes are the inevitable product of how justice operates in practice. It is something one may have intuited from great works of literature but finally the intellectual pathways are laid out.
He writes lucidly and with a love of language. The key to its accessibility and sheer enjoyment lies in the dazzling journey he takes through a range of literary and philosophical works.
Prepare yourself for an epiphany. Towards the end of the book, when the threads are expertly drawn together and you will realize that a modern legal system founded on measurement is inherently unjust. Prof Heinze eloquently describes our constant search for better and better criteria of justice whilst injustice "..bites at our heels, not as the beast hunted, but as the beast ancillary to the chase itself".
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