Choosing the Right CBSE School A Comprehensive Guide for Parents
Justice
1. Justice
By
Mr. Mahesh Jaiwantrao Patil
M.A. (Political Science), M.Phil, NET, SET, & Ph.D
(Pursuing)
Assistant Professor,
Narayanrao Chavan Law College, Nanded,
Maharashtra, India
Cell No. (+91) 09860816313
2. Introduction
The term ' justice' is derived from the Latin word " justicia"
which means joining or fitting , or of bound or tie.
The concept of justice has been analyzed and defined
differently by philosophers, political thinkers , economists ,
sociologists and religious leaders. It has been changing
from time to time, depending upon the conditions and
circumstances prevailing in each age.
It has to coordinate and draw a harmonious balance
between rights and duties of the people living in the society.
It is connected with the moral, social, economic, political,
and legal relations of an individual with others.
3. Justice is a concept of moral rightness based on ethics,
rationality, law, religion, equity and fairness.
John Rawls claims that “ Justice is the first virtue of social
institutions as truth is of systems of thought”.
4. Definition
Charls Marriam :- “justice consists of a system of
understanding and procedures through which each in
accorded what is agreed upon as fair”.
Barker:-“Justice is the reconciler and the synthesis of
political values; it is their union in an adjusted and integrated
whole”.
Saint Simon;- “ from each according to his capacity , to each
according to his need”.
5. Meaning
It is difficult to give a precise meaning of the term ‘Justice’. Political
thinkers and jurists had given different meanings and definitions. The
reason for this is that the contents and implications of justice differ
from country to country and also form time to time.
What was justice in the past is not justice in the present day. Therefore
it is difficult to define justice.
In the ordinary sense, justice means to give an aggrieved party what is
due to it and punish an individual or a group of individuals or an
agency whenever offence is committed.
In the narrow sense, meaning of justice is associated with a legal
system and legal process in a society. In this sense, it is related to the
settlement of disputes through judicial bodies.
6. A man living in society is attached to another man in one way
or the other. This relationship has few rights and duties
attached to it. When a man while enjoying his rights also fulfils
his duties and behaves in an appropriate manner with others,
then he is said to be doing justice.
Justice is peace, and genuine respect for people, fairness,
justness, fair play, fair-mindedness, equity, equitableness,
impartiality, lack of bias, objectivity, neutrality, lack of
prejudice, open-mindedness, non-partisanship.
Justice is the legal or philosophical theory by which fairness is
administered. The concept of justice differs in every culture.
7. Characteristics of Justice
Human welfare
Ethical concept
Changeability
Fulfillment of reasonable interest
Performance of duties
To provide everybody his reasonable share
Justice is related to values prevailing in society
8. Basic postulates of Justice
Truth.
Uniform values.
Equality before law.
Liberty.
Impartiality.
Respect of individual’s ability and capability.
Protective discrimination is not injustice.
Provision of rights.
Fulfillment of basic needs.
9. Kinds of Justice or Dimensions of
Justice
Legal dimension of justice :-: This is the narrow concept of justice and is associated with
the legal system and the legal procedure existing in the society.
The court of law interpret the law and apply the law after hearing the parties involved in a
dispute. Here , justice is what is administrated by the court of law and the interpretation of the
Judge is considered as an embodiment of justice.
Justice in the legal sense requires the following conditions:-
A. Just and reasonable non- discriminatory laws.
B. The administration of justice by free and independent courts.
C. Inexpensive judicial process.
D. Court procedure should be simplified and avoid delay in justice.
E. There should be a Rule of Law in the country.
10. Justice and laws have close affinity with each other. State
makes laws and implements them in order to establish
justice in the society.
Following conditions are necessary to ensure legal
justice:-
Just laws
Equality before law
Uniform legal system
Impartial and independent judiciary
Inexpensive and efficient justice
Democratic organization of legislative bodies
11. Political dimensions of justice
Nobody should be denied of political rights and to provide equal political rights is political
justice.
Following conditions are necessary to ensure political justice:-
Universal adult franchise.
Right to contest elections.
Right to criticize the government.
Right to form political parties.
Right to protest.
Right to petition.
Respect of human right.
Protection of the interests of minorities.
Political authority should be based on the consent of the people.
Democratic system.
Special provisions for the protection of the interests of Backward classes and backward tribes.
12. Political Justice stands for a free and fair participation of people
in the political sphere.
Universal adult franchise is the expression of Political Justice.
All liberal democratic countries are based the principle of "one
man , one vote , one value" is faithfully adopted. Political
institutions should be representative in character.
Equality of opportunity in getting elected and in holding public
offices , freedom of expression and association and rights to seek
redressal of public grievances are the important pillars of political
justice.
13. Social Dimensions of Justice
Social justice means to give proper opportunities to every citizens, in every sphere of life, to develop
his personality and to end all types of social inequalities.
Following conditions are necessary to ensure Social justice:-
Equality before law.
Absence of special rights.
Prohibitions of discrimination.
To end caste system.
Just distribution of wealth.
Democratic government.
Just balance between freedom and social control.
Social security.
Provision of equal political rights.
Protection of interest of minorities.
Abolition of social values.
14. The concept of Social Justice is based on the belief
that all human being are equal and that no
discrimination should be made on the ground of race,
religion, caste, sex, or place of birth.
It has three implications.:
(a)Equal social opportunities.
(b)Special attention to weaker sections.
(c) Removal of social evils
15. Economic Dimensions of Justice
Economic justice mean to provide equal opportunities to everybody to earn
his livelihood. It also mean to help such people who are not able to work
and earn their livelihood.
The basic needs of every body such as food, cloth and shelter, should be
fulfilled and the unequal distribution of wealth needed to be stopped.
Economic justice implies non-discrimination between man and man on the
basis of economic viability.
It stands for by assuring adequate means of livelihood to all, by making
provisions for adequate working conditions, for equal pay for equal work,
fair distribution of resources, equal economic opportunities to all people etc.
The concept of economic justice was emphasized by the socialistic thinkers.
16. Following conditions are necessary to ensure economic justice:-
Right to work for everybody.
Fulfillment of basic needs.
To reduce wide economic disparities.
Protection of the interest of workers
From each according to his ability and to each according to his needs
Just distribution of wealth
End of economic exploitation
Special protection of the interest of weaker section
Limited right to property
Question of state interference in economic needs
Fixed economy is better
Equal wages for same job
17. Conclusion
We can conclude that justice is concerned with human welfare
and the protection of reasonable interests. It can be experienced
only when each citizen will perform his duties in right
perspective.
A just society is that society where every individual gets legal,
political, social, economic justice. For every just society there
should be a proper combination among equality liberty and
justice. there is a close mutual relationship among them.
Individual is the subject matter of these concepts.