Compare the Eastern and Western thoughts : Introduction
Synopsis
Justice is one of the most important ideas in law. Every society wants to be fair. But what people mean by “justice” can be very different. It depends on their culture, history, religion, and way of thinking.
In this essay, we will compare the Eastern and Western philosophies of justice. We will look at where these ideas come from, how they work, and how they are used in real life. The goal is to help you, as a law student, understand the basics clearly and easily.
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Western Thought on Justice
The Western idea of justice comes mainly from Greek philosophy, Roman law, Christian teachings, and later modern thinkers in Europe.
1. Focus on Individual Rights
Western thought puts a lot of focus on the individual. The belief is that every person has basic rights like freedom, equality, and property. Justice means protecting these rights.
2. Greek Philosophers
- Plato: He said justice is when everyone in society does the job they are best suited for. For him, justice is about order and balance in the state.
- Aristotle: He believed justice is giving people what they deserve. If someone works harder, they should get more reward. He talked about two types of justice: distributive (fair sharing) and corrective (fixing wrongs).
3. Rule of Law
Western systems follow the rule of law. This means the law is above everyone. No one is above the law, not even the government. Laws are written clearly and must be followed.
4. Thinkers like Locke and Rawls
- John Locke: He said people have natural rights to “life, liberty, and property.” The government’s job is to protect these rights.
- John Rawls: A modern philosopher. He believed justice is fairness. He suggested the idea of the “original position,” where people make rules as if they don’t know their place in society. This helps create fair laws.
5. Legal System Example
In the United States, courts focus on individual rights. A person is considered innocent until proven guilty. Laws try to protect freedom, privacy, and property. Everyone gets a fair trial.
Eastern Thought on Justice
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Eastern ideas come from religion, tradition, and social values. These ideas are found in Hinduism, Buddhism, Confucianism, and Islamic philosophy.
1. Focus on Duties and Relationships
In Eastern systems, the focus is often not on rights but on duties. People are expected to act properly and do their duty to family, society, and nature. Justice is seen as harmony in relationships.
2. Hindu Philosophy
- Dharma is the key idea. It means doing your duty according to your role (teacher, parent, worker, etc.).
- Justice is when everyone follows their Dharma and lives with honesty.
- It is linked to karma—good actions lead to good results.
3. Confucian Thought
- Confucius was a Chinese thinker.
- He believed justice comes from ethical living, respect, and good relationships.
- The goal is social harmony, not punishment.
4. Buddhist Ideas
- Justice is tied to compassion, non-violence, and truthfulness.
- People should avoid harming others and follow the path of right action.
5. Islamic View
- Justice (Adl) is a central part of Islam.
- The Quran and Hadith guide what is fair and unfair.
- Justice includes both legal and moral duties.
6. Legal System Example
In many Asian cultures, justice is done through mediation and community decisions. People prefer solving disputes peacefully rather than going to court.
Differences Between Eastern and Western Justice
| Feature | Western Thought | Eastern Thought |
| Focus | Individual rights | Duties and social roles |
| Goal | Fairness and equality | Harmony and balance |
| Source | Reason, law, and logic | Religion, morals, and tradition |
| Method | Courts, written laws | Ethics, family, community discussions |
| Example | U.S. court system | Indian panchayat or family mediation |
Strengths of Western and Eastern Philosophy
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Western System
- Strong on individual freedom
- Clear rules and legal process
- Good for protecting personal property and privacy
Eastern System
- Promotes peace and community bonding
- Focus on moral development
- Less conflict-driven; more cooperative
Weaknesses of Each System
Western System
- Can be too focused on individuals
- Legal processes can be long and costly
- May ignore emotional or social needs
Eastern System
- May ignore individual rights
- Risk of unfair decisions due to tradition or bias
- Can be vague or depend on personal values
Western and Eastern Philosophy Modern Mix
Today, many countries mix both Eastern and Western ideas. India, for example, has a legal system based on British law, but social justice still depends a lot on Dharma and local customs.
Japan uses Western-style courts, but many people still settle disputes through mediation or social apology.
Islamic countries often use Sharia law, but some have added modern legal codes too.
This mix helps create a balance between individual rights and social duties.
Real-World Examples
Through the following example, we can better understand the differences in both societies:
- Western Example – USA:
- A person wrongly arrested can sue the police.
- Freedom of speech is highly protected, even if opinions are unpopular.
- Eastern Example – India:
- In villages, family elders settle land disputes.
- People still follow caste-based duties, which come from Dharma.
- Mixed Example – Japan:
- Courts are modern, but most people avoid them.
- Companies and workers often solve prob
Conclusion
Justice is a universal idea, but it has many meanings. In the West, justice is about protecting rights and following fair laws. In the East, justice is about living rightly, doing your duty, and keeping peace in society.
As law students, it’s useful to understand both. Western ideas help you think about fairness, law, and freedom. Eastern ideas help you understand duty, respect, and moral action. Both systems have value. The best justice system may be one that uses the strengths of both to create a fair and peaceful society.
Bibliography
- Sharma, A. (2011). Classical Indian Philosophy: A Reader. Oxford University Press.
- Supreme Court of India. (n.d.). Landmark Judgments. Retrieved June 25, 2025
- Upanishads. (1996). The Principal Upanishads (S. Radhakrishnan, Trans.). HarperCollins India.
- Vivekananda, S. (2010). Complete Works of Swami Vivekananda (Vol. IV). Advaita Ashrama.
- Zhang, L. (2012). Confucianism and Chinese Legal Culture. Journal of Comparative Philosophy, 3(1), 45–60.
