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Readings On Justice

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Justice: Meaning and Types of

Justice
Justice is the most important and most discussed
objective of the State, and Society. It is the basis of
orderly human living. Justice demands the regulation of
selfish actions of people for securing a fair distribution,
equal treatment of equals, and proportionate and just
rewards for all. It stands for harmony between individual
interests and the interests of society.

Justice is of central importance to political theory. In


defending or opposing laws, policies, decisions and
actions of government, appeals are made in the name of
justice. Persons involved in every agitation for securing
their interests always raise the slogan: “We want
Justice”. All civil rights movements are essentially
movements for justice.

Justice stands for rule of law, absence of arbitrariness


and a system of equal rights, freedoms and
opportunities for all in society. In fact, Justice stands
recognized as the first virtue or ideal or objective to be
secured. In its Preamble, the Constitution of India gives
first priority to the securing of social, economic and
political justice for all its people. In contemporary times
Justice stands conceptualized basically as Social
Justice.

Justice: Meaning & Definition:


Justice is a complex concept and touches almost every
aspect of human life. The word Justice has been derived
from the Latin word Jungere meaning ‘to bind or to tie
together’. The word ‘Jus’ also means ‘Tie’ or ‘Bond’. In
this way Justice can be defined as a system in which
men are tied or joined in a close relationship. Justice
seeks to harmonise different values and to organise
upon it all human relations. As such, Justice means
bonding or joining or organising people together into a
right or fair order of relationships.

Some popular definitions of Justice:


“Justice means to distribute the due share to
everybody.” -Salmond

“Justice protects the rights of the individual as well as


the order of society.” -Dr. Raphael

“Justice consists in a system of understandings and a


procedure through which each is accorded what is
agreed upon as fair.”-C.E. Merriam

In other words, Justice means securing and protecting


of rights of all in a fair way. It stands for harmony among
all the people, orderly living and securing of rights of all
in a just and fair way.

Key Features of Justice:


1. Justice is related to mutual relationships of persons
living in society.

2. Justice is based on values and traditions of society.

3. Justice is related to all aspects of human behaviour in


society. Laws are made and courts are set up with this
aim in view.

4. Aim of Justice is to provide equal rights, opportunities


and facilities to all in a fair way.

5. The function of Justice is to harmonise individual


interests with the interests of society.

6. Justices is a primary value and it is inseparably


related to other values like Liberty, Equality and
Property.

7. Justice is the principle of balancing or reconciling


human relations in society in such a way as enables
each one to get his due rights, towards and
punishments.

8. Justice has several dimensions: Social Justice,


Economic Justice, Political Justice and Legal Justice.
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 basic necessities of life.
All citizens must have their basic 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.

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 inter-
dependent. 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.

Presence of social and economic inequalities always


leads to a denial of political and equal justice. An
oppressed and poor person is virtually unable to
participate is the political process or to seek the
protection of law and law courts. Likewise, without
political rights and equal protection of law no person
can really get his social and economic rights and
freedoms protected. Further, Justice needs the
presence of rights, liberty and equality in society and
only then can it really characterise life in society.

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