Sources of "Just Behavior":
Collectivist vs. Legal Justice Systems
1. Collective "Right" Behavior:
Justice Based on Social Norms and Training
In collectivist societies,
"just behavior" is often
defined by social norms rather
than objective legal principles.
People are trained from a young age to
conform to the group's idea of what is "right",
typically based on subjective
assessments of loyalty, moral conduct, and group
interests. This form of justice is
exercised in sports teams, associations,
and historically in tribal systems.
Key characteristics of collective
justice:
Aspect |
Description |
Examples |
Training in Collective Rules |
Individuals
are trained to behave in ways that
maintain group harmony. |
Sports teams,
workplace culture, religious
communities. |
Subjective Evaluation |
Actions are
judged based on intentions,
emotions, and loyalty to the
group. |
Tribal
justice, social norms, informal
sanctions. |
Emotional/Interest-Based |
Justice is
influenced by personal
relationships and group
interests. |
Favoritism,
exclusion of outsiders, collective
punishment. |
Consequences of Dissent |
Critics or dissenters are often
ostracized or punished. |
Social
exclusion, loss of status, reputational
damage. |
In these systems, justice is not
impartial. Instead, it serves to
reinforce group cohesion and
maintain the social fabric.
This type of justice often depends on
emotional assessments of
trustworthiness, loyalty, and belonging.
For example:
- In a sports team, a
player’s commitment to the team’s
values may matter more than their
technical performance.
- In tribal societies,
justice is often interest-based,
where the well-being of the group
takes priority over the individual’s rights.
Justice in these systems is deeply
relational: right and wrong depend on
context, intentions,
and loyalty rather than on
objective laws.
2. Liberal Democratic Justice:
Impartial and Rule-Based
In liberal democratic states,
justice is based on the rule of law,
with an emphasis on impartiality,
fairness, and objectivity. The legal
system is designed to treat all
individuals equally, regardless of
social status, personal relationships,
or intentions. The concept of
blind justice ensures that laws
govern actions, not subjective judgments.
Key characteristics of legal justice:
Aspect |
Description |
Examples |
Impartial Rule of Law |
Justice is
based on codified laws
that apply equally to all. |
Legal systems
in liberal democracies (e.g., courts,
constitutions). |
Objective Evaluation |
Actions are
judged based on facts and
evidence, not emotions. |
Criminal
trials, administrative decisions. |
Equality Before the Law |
All
individuals are treated equally,
regardless of social standing
or intentions. |
No favoritism
or special treatment in court rulings. |
Justice is Blind |
Personal relationships and emotions
are excluded from legal judgments. |
The symbol of
Lady Justice holding scales and wearing
a blindfold. |
In legal justice,
intention matters only in specific
contexts (e.g., determining criminal
liability), but it is still
interpreted within the framework of the law.
The goal is fairness, with
justice administered impartially
by an independent judiciary.
This stands in contrast to collective
justice, where loyalty and
social harmony may override
objective fairness.
3. Comparison: Collective vs.
Legal Justice
Aspect |
Collective Justice |
Legal Justice |
Source
of "Right" Behavior |
Social
norms and group loyalty |
Codified laws and legal principles |
Basis
of Judgment |
Subjective evaluations
(emotions, intentions, loyalty) |
Objective facts and evidence |
Goal |
Social
cohesion and harmony |
Fairness and equality before the law |
Impartiality |
Not
impartial — relationships and
loyalty matter |
Impartial — justice is blind |
Sanctions for Dissent |
Social
exclusion and ostracism |
Legal
penalties |
4. Psychological Mechanisms:
Training in Collective Behavior
In collective systems,
just behavior is taught
and reinforced through social
training, which starts from a young
age:
- In sports teams:
Players learn that loyalty and
teamwork are more important than
individual achievement.
- In workplaces:
Employees learn that fitting into
the organizational culture matters
more than challenging authority.
- In religious or community groups:
Members learn that following the
group’s moral code ensures
acceptance and belonging.
In contrast, legal systems in liberal
democracies emphasize
individual autonomy and responsibility.
People are taught that breaking the law
has consequences, regardless of
social standing or intentions.
5. Historical Context: From
Tribal Justice to Rule of Law in Sweden
Sweden’s historical justice system evolved
from tribal justice — based on
local customs, loyalty, and subjective
assessments — to a modern legal
system governed by impartial
laws. However, remnants of
collective justice norms still persist
in Swedish society.
Historical Phases of Justice in
Sweden:
Period |
Justice System |
Characteristics |
Pre-17th Century |
Tribal
Justice |
Based on
local customs and
subjective evaluations. |
17th-19th Century |
Church-Controlled Justice |
Moral
behavior enforced by
husförhör (house inspections). |
Modern
Era |
Legal
Justice |
Governed by
impartial laws and
secular courts. |
Despite the transition to legal
justice, cultural norms of
collective loyalty and fear of exclusion
continue to shape Swedish behavior,
particularly in informal social settings.
6. Why This Matters: The
Persistent Tension Between Norms and Law
The tension between collective
justice and legal justice
remains highly relevant in
modern democracies, including Sweden.
- In collective systems,
individuals fear losing trust and
social belonging, which drives
conformity and compliance.
- In legal systems,
individuals fear legal penalties,
but they are protected from social
exclusion by individual
rights and freedoms.
The challenge for modern societies
is balancing social cohesion
with individual rights,
ensuring that justice remains impartial
and objective, even in the face of
cultural pressures for conformity.
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