The Short Sight of Western Justice

Embedded in the cultural anthropology of the West is the assumption that law must be just. From a comparative law perspective, however, this longing for 'justice' turns out to be quite fragile. The ways in which 'justice' can be appreciated are quite diverse: What justice? Delivered how? Delivered where? Delivered when? And, above all, for whom? The answers to these questions have profound implications for the way in which the 'justice' of a given rule, or of a set of rules, is assessed. This essay attempts to shed light on these questions from a comparative law perspective. The paper will outline the main contours of Western debates on justice and, with the support of some examples, will point out some of the major shortcomings that need to be taken into account when addressing the issue of justice in a global context.