Man has been continuously struggling for the maintenance of justice. In
democratic systems, justice is given the highest place. The word
justice is
derived from the latin word
jus which means to bind' to contract. The
Greek
word for justice is
Dike. Its gives the meaning of nearer to righteousness.
Justice means following of norms (customs). Justice stands for just conduct,
fairness or exercise of authority in maintenance or right.
Concept of justice is as old as the political theory itself. Different
interpretations are given to justice from time to time. Some writers regard
justice as virtue while others hold it for equality' Some consider it as rule
of law'. Justice is not onlyan integral part of political science, but also of
ethics, law, philosophy, etc.
Major concept of justice
In the history of ideas, there are two majors concepts of justice. They are:
- Numerical concept of justice -Its gives equal share to all. The Greek
city states took the rule so far that many offices were filled by lot. The
holding of an office did not call for any special knowledge or qualification.
this concept is expressed by Jeremy Bentham as Everyone is to count for one,
nobody for more than one.
- Geometrical concept of justice – It is a concept of proportionate
equality. Its means equal share to equal and unequal to unequals. it means that
distribution of power and patronage should be proportionate to worth or
contribution of the individual. Pluto and Aristotle favour this.
Implications of justice
The concept of justice has the following implications:
- It requires a just state of affaires
- It is aligned with the condition of morality
- It carries the sense of proper distribution of favour and losses and
- It normally prevails in a non-democratic set up as exception
Development Of Justice
In the primitive society, the basis objective f justice was to inflict
punishment on the offenders of a crime. The punishment was very serve.An eye
for an eye and a tooth for a tooth was part of the administration of justice.
the objective was to prevent the future crimes. Hence, the nature of jusice in
the primitive was purely negative.It is based on conventional morality or
tradition or custom.
The political philosophers beginning from Plato (427 BC-347 BC) right up to the
twenty-first century, the theory has been defined in various ways.
Plato, the father of political philosophy, in his THE REPUBLIC defined
justice as one of functional specialization. He was of was opinion of justice
was ethical or philosophical and not based on conventional morality. An
individual render of justice if he performed his duties for Which he was fitted
and trained for.
Plato, further, viewed as a quality of the soul and habit of mind and aimed at
an organic society. plato regarded justice as the supreme virtue.
Plato's Theory of justice
Having reviewed the traditional theories of justice, plato propounded his
theory of justice as given below:
Plato opined that justice was something internal, justice exists in the
individual and in the state. Justice was the bond which held a society together.
It provides a pleasant union of individuals in accordance with one's natural
fitness and training. Justice was both a public and private virtue because it
conserves the highest good both of the state (polis) and the members, each of
whom has found his life work in accordance with his natural fitness and his
training.
Plato's prima facie definition of justice implied
giving to every man his due, Pluto interpretation is opposed to that of Cephalus because the latter was talking in terms of rights while the former in
terms of duties. for what is due is that he should be treated as what he is,
in the light of his capacity and his training.
Plato's justice is based on three principles of society:
- Non interference: The state is created for mutual needs in terms of
services and not of powers. No class should interfere with the task of
others classes. It shall concentrate on its own sphere of duty and shall
not meddle with the sphere of others.
- Functional specialization: Even the ruler is no exception for he has the
special function to which his wisdom entitles him. There is no notion of
authority or sovereign power.
- Harmony: human virtue according to Plato is divided into
wisdom, cporage, temperature and justice. The first three he assigned on to
each class. i.e, philosopher king was to arrange these matters in the most
advantageous way.
Significance of plato's theory of justice:
- Plato's theory of justice was universal in character.
- Plato established a new concept of virtue which consists in the
discharge of one's duty scrupulously.
- Plato's conception of justice provided the state with a distinct will and
a personality of its own having its independent existence apart its members.
- Plato revolt against the political selfishness and ignorance prevalent
in the Athenians society through his conception of justice.
- Plato theory of justice gave birth to the organic theory of the state.
- Plato's conception of justice established that the state is a whole,
and it must enforce upon the individual that fact it is, by treating him as
a factor and fractions of it's
Aristotle'S Views On Distributive Justice
Aristotle (384-322 B.C )
Aristotle was born at Stagira, a great colonial town on the Macedonian coast in
384 B.C. His father was Nichomachus, a court physician.
Aristotle while discussing justice distinguishes complete or universal justice
from particular justice.
Complete and universal justice: Complete justice is identifiable with moral virtue, i.e, obedience to law. The moral virtue regulates all public and social
relation among men. Complete justice is such as exists people who are
associated in common life with a view to self –sufficiency and enjoy freedom and
equality.
Particular justice: particular justice, on the other hand lies in the
observance of rules of proportionate equality. particular justice exists Iin
particular from governments.such as oligarchy democracy.
Types of Justice
1. Social Justice:
In contemporary times a large number of scholars use prefer to describe the
concept of Justice as Social Justice. Social Justice is taken to mean that all
the people in a society are to be equal and there is be no discrimination on the
basis of religion, caste, creed, colour, sex or status.
However, various scholars explain the concept of Social Justice in different
ways. Some hold that social justice is to allot to each individual his or her
due share in the social sphere. According to some others, distribution of social
facilities and rights on the basis of law and justice constitutes social
justice.
What is Social Justice?
Social justice is another name for equal social rights. Social Justice aims
to provide equal opportunities to every individual to develop his inherent
qualities.-Barker
By social justice we mean ending all kinds of social inequalities and then to
provide equal opportunities to everyone.-C.JP.B. Gajendragadkar
Social democrats and modern liberal thinkers define social justice as the
attempt to reconstruct the social order in accordance with moral principles.
Attempts are to be continuously made to rectify social injustice. It also stands
for a morally just and defensible system of distribution of reward and
obligations in society without any discrimination or injustice against any
person or class of persons.
In the Indian Constitution several provisions have been provided with a view to
secure social economic and political justice. Untouchability has been
constitutionally abolished. Every citizen has been granted an equal right of
access to any public place, place of worship and use of places of entertainment.
The state cannot discriminate between citizens on the basis of birth, caste,
colour, creed, sex, faith or title or status or any of these. Untouchability and
apartheid are against the spirit of social justice. Absence of privileged
classes in society is an essential attribute of social justice.
2. Economic Justice:
Economic Justice is indeed closely related to social justice because economic
system is always an integral part of the social system. Economic rights and
opportunities available to an individual are always a part of the entire social
system.
Economic justice demands that all citizens should have adequate opportunities to
earn their livelihood and get fair wages as can enable they to satisfy their
basic needs and help them to develop further. The state should provide them
economic security during illness, old age and in the event of a disability.
No person or group or class should be in a position to exploit others, nor get
exploited. There should be fair and equitable distribution of wealth and
resources among all the people. The gap between the rich and the poor should not
be glaring. The fruits of prosperity must reach all the people.
There are present several different views regarding the meaning of economic
justice. The liberals consider open competition as just and they support private
property. On the other hand, the socialists seek to establish complete control
of society upon the entire economic system.They oppose private
property. Whatever be the ideology or the system, one thing is clear and that is
that all citizens must be provided with basis necessities of life.All citizens
must have their basis needs of life fulfilled (Food, clothing, shelter,
education, health and so on.)
3. Political Justice:
Political justice means giving equal political rights and opportunities to all
citizens to take part in the administration of the country. Citizens should have
the right to vote without any discrimination on the basis of religion, colour,
caste, creed, sex, birth or status. Every citizen should have an equal right to
vote and to contest elections.
Legal justice has two dimensions-the formulation of just laws and then to do
justice according to the laws. While making laws, the will of the rulers is not
to be imposed upon the ruled. Laws should be based on public opinion and public
needs. Social values, morality, conventions, the idea of just and unjust must be
always kept in view.
When the laws do not meet the social values and rules of morality, citizens
neither really accept nor abide by laws. In this situation, the enforcement of
laws becomes a problem. Laws are just only when these are accepted not out of
fear of external power but when inspired by internal feeling for the laws being
good, just and reasonable.
4. Legal Justice:
Legal Justice means rule of law and not rule of any person. It includes two
things: that all men are equal before law, and that law is equally applicable to
all. It provides legal security to all. Law does not discriminate between the
rich and the poor. Objective and due dispensation of justice by the courts of
law is an essential ingredient of legal justice.
The legal procedure has to be simple, quick, fair, inexpensive and efficient.
There should be effective machinery for preventing unlawful actions. The aim of
law is the establishment of what is legitimate; provide legal security, and
prevention of unjust actions. -Salmond.
Thus, Justice has four major dimensions: Social Justice, Economic Justice,
Political Justice and Legal Justice. All these forms are totally inter-related
and interÂdependent. Justice is real only when it exists in all these four
dimensions. Without Social and Economic Justice there can be no real Political
and Legal Justice.
Written By : Ritika Gupta
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