MAXFORT SCHOOL – ROHINI

SUBJECT: POLITICAL SCIENCE

CLASS- XI
CHAPTER- JUSTICE
SESSION: 2021-22

WHAT IS JUSTICE?
➢ In the modern times, Justice means those social conditions by which a harmonious
and right coordination is made between individual’s conduct and the welfare of
the society. Justice is the fulfilment of broad social welfare means progress of all
the sections of the society.

➢ Plato gives his own theory of Justice according to which, individually, justice is a
‘human virtue’ that makes a person self-consistent and good socially, justice is a
social consciousness that makes a society internally harmonious and good.

➢ The idea that justice involves giving each person his due continues to be an
important part of our present day understanding of the justice. Justice requires
that we give due and equal consideration to all individuals.

Meaning 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 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.
 THREE PRINCIPLES

There are three basic principles of justice, around which the whole concept of justice
evolves.

1) EQUAL TREATMENT FOR EQUALS

➢ One of the principles is the principle of treating equals equally. It is considered that
all individuals share certain characteristics as human beings therefore they deserve
equal rights and treatment. Some of the important rights granted in most of the
liberal democracies today include civil liberties such as right to life, liberty and
property, political rights like the right to vote and certain social rights.

➢ Apart from equal rights, this principle would require that people should not be
discriminated against on the grounds of caste, class, race or gender. They should
be judged on the basis of the group to which they belong.

2) PROPORTIONATE JUSTICE

➢ This is the second principle of justice. Although equality is an important principle

we cannot have equal treatment for all.
➢ Provided everybody starts from the same baseline of equal rights, justice in such
cases would mean rewarding people in proportion to the scale and quality of their
efforts.
➢ It has been argued that although people should get the same reward for the same
work, it would be fair and just to reward differently by taking into account various
factors such as skills required, efforts required, the possible dangers involved in
such work etc.
➢ For e.g.- people who are skilled miners or policemen whose job is sometimes
dangerous do not get equal wages as compared to other professions.

3) RECOGNITION OF SPECIAL NEEDS

➢ A third principle of justice which we recognize is for a society to take into account
special needs of people while distributing rewards or society.
➢ In terms of their basic status and rights as members of the society justice may
require that people be treated equally.
➢ People with special needs or disabilities could be considered unequal in some
particular respect and deserving special help.
➢ Physical disabilities, age or lack of access to good education or health are some of
the factors which are considered grounds for special treatment in many countries.
➢ The Constitution of our country has therefore allowed for reservation of
government jobs and quotes for admissions to educational institutions for SC’s and
ST’s.
JUST DISTRIBUTION
➢ To achieve social justice in society, governments might have to do more than just
ensure laws and policies that treat individuals in a fair manner.
➢ Social Justice also concerns the just distribution of goods and services whether it is
between nations or between different groups and individuals within a society.
➢ Within a country, social justice not only require that people be treated equally in
terms of laws and policies of the society but that they enjoy some basic equality of
life conditions and opportunities.
➢ This is seen as necessary for each person to be able to pursue his/her objectives
and express themselves.
➢ For e.g. – our Constitution abolished the practice of untouchability to promote
social equality and ensure people from lower castes could have access to jobs,
temples and basic necessities like water.

JOHN RAWLS’ THEORY OF JUSTICE

➢ John Rawls an important political thinker has given a theory of justice to achieve a
just state.

➢ Rawls argues that the only way we can arrive at a fair and just rule is if we imagine
ourselves to be in a situation in which we have to make decisions about how
society should be organized though we do not know ourselves which position we
will occupy.

➢ Rawls argues that in such a situation we are likely to support decision about the
rules and organisation of that future society which would be fair for all the
members.

➢ Rawls describe this thinking under ‘veil of ignorance’. He expects that in such a
situation of complete ignorance about our possible position and status in society
each person would decide in terms of their own interest.

➢ It means that individuals are put in a position where they do not know what their
status is, wealth, class, ability, talent etc.

➢ These individuals will choose privileges which will affect them once they come out
of the veil of ignorance.
 ➢ Rawl’s said that these individuals are rational and will choose privileges which will
help them in developing their personality to the fullest.

➢ The attempt would be to see that important resources like education, health,
shelter etc. are available to all persons even if they are not part of the upper class.

➢ Wearing the imagined veil of ignorance is the first step in arriving at a system of
fair laws and policies.

➢ Rawl’s theory of justice revolves around the adaptation of two fundamental

principles of justice which would in turn guarantee a just and morally acceptable
society. The first principle guarantees the right of each person to have the most
extensive basic liberty compatible with the liberty of others. The second principle
states that social and economic positions are to be to everyone’s advantage and
open to all.

PURSUING SOCIAL JUSTICE

➢ A just society should provide people with the basic minimum conditions to enable
them to live healthy and secure lives and develop talents as well as equal
opportunities to pursue their chosen goals in society.

➢ Various methods of calculating the basic needs of people have been devised by
different governments and by International organizations like the World Health
Organization.

➢ Providing people with their basic needs is considered to be one of the

responsibilities of a democratic government.

➢ However, providing basic conditions of life to all citizens may pose a heavy burden
on governments particularly in countries like India which have large number of
poor people.

FREE MARKETS V/S STATE INTERVENTION

➢ Supporters of free markets maintain that as far as possible individuals should be
free to own property and enter into contracts and agreements with others
regarding prices and wages and profits.
 ➢ They should be free to compete with each other to gain the greatest amount of
benefit.

➢ Supporters of free market believe that if markets are left free of state interference
the sum of market transactions would ensure overall a just distribution of benefits
and duties in society.

➢ Those with merit and talent would be rewarded accordingly while incompetent
would get a lesser reward and whatever be the outcome of market distribution it
would be just.

STATE INTERVENTION
➢ Today free market supporters do not accept totally unregulated markets.

➢ Many would now be willing to accept certain restrictions for instance , states
should step in to ensure a basic minimum standard of living to all people so that
they are able to compete on equal terms.

➢ It might also be necessary for state to give special help to the old and sick who
cannot compete.

➢ But apart from this, the role of the state should only be to maintain framework of
laws and regulations to ensure that competition between individuals remains free
of coercion and other obstacles.

ARGUMENTS IN FAVOUR OF FREE MARKETS

➢ It gives wide variety of choices. For e.g. we can choose the rice we want to eat, the
school we go to, provided we have the means to pay for them.
➢ If the private agencies do not find it profitable for them they may prefer not to
enter that particular market or provide cheap and substandard services.
➢ The quality of service they provide is often superior to that provided in
government institutions.
➢ But the cost of service may put them out of reach of the poor and the result would
be to deny opportunities to the disadvantaged.

CONCLUSION
Arguments can be put forward on both sides but free markets often exhibit a tendency
to work in favour of the already privileged. That is why many argue that to ensure social
justice the state should step in to see that basic facilities are made available to all the
members of a society.

DIMENSIONS 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.

4. Legal Justice

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.