4. Justice
Long Answer Questions
Question 1.
Define Justice and describe various types of Justice.
Answer:
Introduction :
Justice is a dynamic concept in the contemporary society. It has received the attention of several political philosophers, social reformers, economic thinkers and psychological experts. They have considered the basic instinct of individuals belonging to the various sections residing in several parts of the world. Besides, almost all states, irrespective of their political and economic doctrines, have been striving to achieve justice and to establish a society based on justice.
Meaning :
The word “Justice” is derived from a Latin word “Jus” which means “to bind”.
Definitions :
We may advance some of the definitions of Justice in the following lines.
- Plato :
“Justice is giving to everyman his due. It is a combination of reason, courage, appetite and will in terms of the state.” - Aristotle :
“Justice is no other than each and every individual in society discharging his moral duties.” - Caphalous :
“Justice means speaking the truth and paying one’s debts.” - Polymarchus :
“Justice means to help friends and harm enemies.” - Barker :
“Justice means a combination and co-ordination of political values.” Types of Justice : There are different types of Justice. They relate to Natural, Social,
Political and Legal spheres. Let us analyse these types of Justice. - Natural Justice :
Natural Justice is based on the notion that every person in the world possesses some rights for availing the natural resources. Natural resources provide support to the life of each and every creature on Earth. As the human beings are the only rational creatures, it is their responsibility to see that natural resources have to be judiciously exploited. Human beings must keep in mind the requirements of future generations In this regard. - Social Justice :
Social Justice envisages a balance between rights of individuals and social control. It facilitates the fulfillment of the legitimate expectations of the individuals under the existing laws. It ensures several benefits and extends protection to the individuals against the interference or encroachment from others in society. It is consistent with the unity and the integrity of the nation. It fulfills the needs of the society.
Social Justice enforces the principle of equality before law. It also ensures eradication of social evils like poverty, unemployment, starvation, disease etc. It also extends protection to the downtrodden and weaker sections of society. Ultimately it provides those conditions essential for the all round development of individuals. - Political Justice :
Political Justice symbolises political equality. It implies provision of political rights to all the adult citizens in a state. It facilitates free and fair participation of the citizens in the governance of the country. It is manifested to the full extent in times of elections. It allows the citizens for their active participation in day-to-day administration. It is based on the premise that everyone is counted as one and none for more than one. It may be noted that political justice prevails in the State when the following conditions are prevalent
1.Rule of law
2.Independent Judiciary
3.Popular elections to the representative bodies.
4.Political parties.
5.Freedom of press and assembly
6.Democratic rule etc. - Economic Justice :
Economic Justice refers to the absence of economic discrimination between individuals on irrational and unnatural grounds. It stands for the equal treatment of individuals irrespective of differences in the income, money, wealth, property etc. In its positive aspect, it implies payment of adequate emoluments to the workers strongly abhorring disparities in the distribution of wealth and incomes. It does not allow exploitation of the weaker sections. It sees that nobody is deprived of the basic necessities of life. It hints out that everyone must be provided with adequate food, clothing, shelter and other minimum needs. It conceives just economic order in the society. It supports the principle “from each according to his ability, to each according to his needs.” - Legal Justice :
Legal Justice is manifested in the laws of the state. It is supplemented by customs of the society. It is embodied in the Constitution and legislative enactments in a state. It determines the legal contours of Justice. Legal Justice basically has two implications. Firstly, it implies that there is just application of the laws in society on the basis of rule of law. There will be no discrimination between individuals in the applications of laws. Secondly, laws are made in consonance with the principles of natural justice.
Question 2.
What is Justice? Explain different Concepts of Justice.
Answer:
The concept of justice has been put forth and elaborated by different theories of justice. Broadly they are categorized into three :
1.Greeks, stoics and Roman Concepts of Justice,
2.Modem theory of Justice and
3.Contemporary theories of justice.
- Greeks, Stoics and Foman Concepts of Justice :
Plato laid the foundation of justice. Virtue is the core value of Platonic justice. Virtue is consisted in the discharge of duty by every individual without interfering into other’s duties. For Aristotle, law abidingness is a complete virtue. Aristotle regards justice as complete virtue. According to Stoics, justice could be discovered by reason and was superior to positive law (law made by state). According to Romans justice is associated with law. - Modern theory of Justice :
Modem theory of justice emerged with social contact theories of Hobbes, Locke and Rousseau, after the movements of reformation, renaissance and industrial revolution. Hobbes identified justice with absolute sovereignty of the state. Locke identified justice with natural rights and Rousseau with ‘General will’. - Contemporary theories of Justice :
These theories focus on distinction between Substantial justice and Procedural justice. Procedural justice treats the rules of market economy as the modal rules of human behaviour. Freedom of contract is the main stay of procedural justice. It is the just procedure than its outcome which automatically is accepted as just. F.A. Hayek, Milton Friedman and Robert Nozick were its main exponents. Procedural Justice repudiates all discrimination and accepts equal dignity and moral worth of all human beings.
The idea of substantive justice corresponds to the philosophy of socialism. It holds that test of justice in society consists in ascertaining whether poor and the underprivileged have adequate opportunity to improve their lot. The allocation and distribution is the primary issue and the procedural aspects are secondary. In a capitalist system that corresponds to procedural justice, the creative freedom of human beings is destroyed as his skills, talents and energies are forced to cater to the needs of the market place instead of allowing him to pursue his own self appointed goals. Equal dignity and moral worth of all human beings is a mirage in the capitalist economy. - John Rawls theory of Justice :
He discovered a method for making procedural justice an instrument of meeting the requirements of substantive justice. He insisted on the emancipation of the least advantaged on priority basis. He shows that society can be strengthened by strengthening its weakest parts successively. His Justice is based on three principles 1. Principle of equal liberty 2. Principle of faire equality of opportunity 3. Difference Principle which implies any deviation from the equal distribution of primary goods can be justified only it could be proved to bring greatest benefit to the least advantaged. Thus, he tries to combine the values of Socialism and capitalism.
Short Answer Questions
Question 1.
Describe any three types of Justice.
Answer:
- Natural Justice :
Natural Justice is based on the notion that every person in the world possesses some rights for availing the natural resources. Natural resources provide support to the life of each and every creature on Earth. As the human beings are the only rational creatures, it is their responsibility to see that natural resources have to be judiciously exploited. Human beings must keep in mind the requirements of future generations in this regard. - Social Justice :
Social Justice envisages a balance between rights of individuals and social control. It facilitates the fulfillment of the legitimate expectations of the individuals under the existing laws. It ensures several benefits and extends protection to the individuals against the interference or encroachment from others in society. It is consistent with the unity and the integrity of the nation. It fulfills the needs of the society.
Social Justice enforces the principle of equality before law. It also ensures eradication of social evils like poverty, unemployment, starvation, disease etc. It also extends protection to the downtrodden and weaker sections of society. Ultimately it provides those conditions essential for the all round development of individuals. - Political Justice :
Political Justice symbolises political equality. It implies provision of political rights to all the adult citizens in a state. It facilitates free and fair participation of the citizens in the governance of the country. It is manifested to the full extent in times of elections. It allows the citizens for their active participation in day-to-day administration. It is based on the premise that everyone is counted as one and none for more than one. It may be noted that political justice prevails in the State when the following conditions are prevalent
1.Rule of law
2.Independent Judiciary
3.Popular elections to the representative bodies.
4.Political parties.
5.Freedom of press and assembly
6.Democratic rule etc.
Question 2.
Point out any two concepts of Justice.
Answer:
Meaning :
The word “Justice” is derived from a Latin word “JUS” which means “to bind”.
Definition :
“Justice means speaking the truth and paying one’s detbs”. – Caphalous
Sources of Justice :
Earnest Barker gives four sources of Justice. They are mentioned as below.
1.Nature
2.Ethics
3.Religion
4.Economic elements
- Nature :
The Greek stories perceived nature to be a source of Justice. Their perception of nature was a combination of moral philosophy and religious beliefs. For them nature, God and reason were inseparable entities. They pointed out that men who lived according to nature shared similar views of reason and God. They viewed that nature embodies three things. They are : - Man should be free, 2. Man should be treated equally, 3. Man should be associated with his fellow beings by the common element of reason. These three things in turn have remained as a basis for liberty, equality and fraternity in society in course of time.
- Ethics :
Idealist thinkers like plato, Emanuel Kant, Thomas Hilly Green, Earnest Barker and other propounded that justice originated from ethical practices. They pointed out that values accepted by the society over a period of time have intum become the impersonal source of positive Justice. The state enforced this positive justice in course of time. - Religion :
Religion is regarded as another source of Justice. This source has been in force since medieval age. The church authorities held the notion that it was God who propounded the notions of justice, right and wrong. God, through church, initiated the concept of justice as the rule of the theory of might. Thomas Acqinas a philosopher turned saint believed that the Church is the manifestation of religion. According to him, life based on laws is the best one. The king must lead the people in right directions. He must exercise his authority in compliance to the church authority. - Economic elements :
Economic elements are also treated as a source of justice. These elements attained significance with the advent of industrial revolution which led to glaring economic disparities between different sections-of society. Industrial revolution, inspite of its tremendous achievements, led to the growth of miseries, poverty and immorality in society. It forced the people to have a strong zeal of enterprise. Adam Smith, David Ricardo, Thomas Robert Malthus and other classical economists analysed justice in terms of economic factors. Later, revolutionary thinkers like Karl Marx and Frederich Engles strongly advocated the role of economic elements as a basis to the justice. These thinkers began to prove the deficiencies in capitalist society. They argued that justice prevails only when economic equality is achieved through a classless society.
Question 3.
Social Justice and Indian Constitution.
Answer:
The term social justice implies a just social order. It seeks to eliminate all kinds of discrimination and abolition of privileges based on birth, race, caste, creed or sex. Therefore, Social Justice implies a reordering of social life in such a manner that the material and moral benefits of social effort are not cornered by a tiny privileged class, but accrues to the masses to ensure the uplift of the lower, weaker and underprivileged sections of the society. It ensures eradication of social evils like poverty, unemployment, starvation, disease etc.
Social justice includes economic justice and also to restore the dignity of human beings who have lost it due to lower economic, educational and cultural status. It Seeks to eradicate social discrimination at all levels. The concept of socialjustice usually applies to comprehend all the three aspects of justice – social, economic and political of these, the economic aspect is the most crucial because economic disparities and the resultant injustice are bound to erode the foundation of legal and political justice.
The Indian constitution which came into effect in 1950, particularly its Preamble and the IV part dealing with the Directive principles of state policy, is committed to the ideal of social justice – social, economics and political.
Very Short Answer Questions
Question 1.
Define Justice.
Answer:
“Justice is giving to every man his due. It is a combination of reason, courage, appetite and will in terms of the stqte” – Plato
Question 2.
What are the criteria of Justice?
Answer:
Economic elements are considered to be one of the important sources of Justice. These elements attained significance with the advent of industrial revolution which led to the vast economic disparities between different sections of the people.
Question 3.
What do you mean by Political Justice?
Answer:
Political Justice symbolises political equality. It implies provision of political rights to all the adult citizens in a state. It facilitates free and fair participation of the citizens in the governance of the country. It is manifested to the full extent in times of elections. It allows the citizens for their active participation in day-to-day administration. It is based on the premise that everyone is counted as one and none for more than one. It may be noted that political justice prevails in the State when the following conditions are prevalent 1.’ Rule of law 2. Independent Judiciary 3. Popular elections to the representative bodies. 4. Political parties. 5. Freedom of press and assembly 6. Democratic rule etc.
Question 4.
What do you know about Social Justice?
Answer:
Social Justice envisages a balance between rights of individuals and social control. It facilitates the fulfillment of the legitimate expectations of the individuals under the existing laws. It ensures several benefits and extends protection to the individuals against the interference or encroachment from others in society. It is consistent with the unity and the integrity of the nation. It fulfills the needs of the society.
Social Justice enforces the principle of equality before law. It also ensures eradication of social evils like poverty, unemployment starvation, disease etc. It also extends protection to the downtrodden and weaker sections of society. Ultimately it provides those conditions essential for the all round development of individuals.
Question 5.
What are the implications of Legal Justice?
Answer:
Legal Justice has two implications :
- It implies that there is just application of the laws in the society on the basis of rule of law.
- Laws are made in accordance with the principle of Natural Justice.
Question 6.
What are the views of John Rawls on Social Justice?
Answer:
John Rawls Admitted that:
- Social Justice implies equal access to the liberties, rights and opportunities to the deprived sections of the society.
- Social Justice is built around the idea of a social contract committed by the people for obeying certain rules.
Question 7.
What are the views of Aristotle on Justice?
Answer:
Justice is no other thaa each and every individual in society discharging his moral duties. – Aristotle
Question 8.
What are the views of Plato on Justice?
Answer:
Justice is giving to every man his due. It is a combination of reason, courage, appetite and, will in terms of the state.
Question 9.
What do you mean by procedural Justice?
Answer:
Procedural justie. Procedural justice treats the rules of market economy as the modal rules of human bahavior. Freedom of contract is the main stay of procedural justice. It is the just procedure than its outcome which automatically is accepted as just. F.A.Hayek, Milton Friedman and Robert Nozick were its main exponents. Procedural Justice repudiates all discrimination and accepts equal dignity and moral worth of all human beings.
Question 10.
What do you mean by substantitive Justice?
Answer:
Substantive justice corresponds to the philosophy of socialism. It holds that test of justice in society consists in ascertaining whether poor and the underprivileged have adequate opportunity to improve their lot. The allocation and distribution is the primary issue and the procedural aspects are secondary. In a capitalist system that corresponds to procedural justice.