Justice

Dr.Gagandeep Dhaliwal
Asst Prof(pol sci)
AIL,Mohali
 Justice
• Underlying the themes of law, rights, liberty and equality, is the
element of justice. The subject of justice has a significance of its own in the
realm of Political Theory. The Quest for justice has always remained the
noble end to be achieved by the struggling humanity. All struggles for
freedom were virtually struggles for justice. Though the modern world has
developed a lot , yet a large part of humanity is still struggling for justice in
various spheres of life.
 Etymology of the word ‘Justice’
The word justice has been originated from Latin word ‘Jus’ which means ‘bond or tie’. This
means that ‘justice’ is a system in which men are tied in close relationship. 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’ was once ‘Justitia’ an Old French word that means ‘righteousness and equity’. 
 Meaning of Justice-Lacks a Unanimous view
• Justice has been understood differently in different contexts. It is a flexible term The
concept of justice has not remained static, rather it has changed with the change of time and
circumstances. It is closely associated with religion, morality, liberty, equality, law,
political system and economic system. As an egalitarian concept, justice is there, where
the highest place is accorded to the value of equality. For liberals justice lies in liberty.
• The Utilitarians like Bentham understood justice as "the greatest good of the greatest
number". Marxists view justice in terms of the criteria, "from each according to his ability
to each according to his needs". Though there are different viewpoints about justice, yet
one thing stands established that the term 'Justice' suggests the quality of being just. It is
opposed to what is unjust or wrong. The ethical values of the community, sanctioned and
enforced by the general moral conscience, constitute the real basis of the idea of
justice. ".
 Features of Justice
• Ethical concept
• Lack of unanimity regarding views on Justice
• Dynamic concept
• Relative Concept
• Multidimensional concept
 Definition of Justice
• According to Robert C. Tucker, "The idea of justice connotes a rightful balance in a situation where
two or more parties or principles are in conflict.“
• According to Salmond, "Justice means to provide everybody his share.“
• According to Sabine, "Justice is the bond which holds a society together in a harmonious union of
individuals each of whom has found his life work in accordance with his natural fitness and training."
 Basic postulates of Justice
• In conformity with the basic values
• Liberty
• Equality
• Fulfillment of basic needs
• Protective Discrimination
• Availability of Rights
 Dimensions of Justice

The concept of justice is a multi-dimensional concept. The most popular dimensions of justice are:
(1) Legal Justice,
(2) Social Justice
(3) Political Justice
(4) Economic Justice.
 Legal Justice

The term 'Legal Justice' is broadly applied in two contexts :

• (1) Justice according to law
• (2) Law according to justice.
 Legal Justice

Justice According to Law. Justice according to law simply means that there should be no arbitrary
decisions by state and justice should be done in accordance with the laws of the land.
The following conditions must be fulfilled to facilitate the administration of justice according to law :
• Rule of Law
• Equality before Law
• Independent and impartial Judiciary
• Protection against arbitrary arrest
 Legal Justice

• Law according to Justice- It means that the laws enacted by the state should be fair and just. In
order that the laws are fair and just, the following conditions must be fulfilled :
• Elected Legislature
• Laws should be in conformity with the prevalent values of the society
• Laws should be welfare oriented
 Political Justice
Political justice connotes the right of equal participation of all in the political process of the country. It implies
the availability of equal political rights(Political Equality) and association of the citizens with the
decision-making process at the political level. A democratic form of government is the only one that can
ensure political justice. Political justice lies in the equal dispensation of the following political rights.
Right to vote
Right to contest Elections
Right to form and join political parties
Right to petition
Right to hold Public offices
Right to criticize the government
 Social Justice
• The concept of social justice has a wider dimension and covers practically everything which promotes
the general welfare of the members of the community. Social justice involves availability of equal
opportunities to all the people for the development of their personality. It lays emphasis on the
elimination of all kinds of discrimination and privileges based on caste, colour, creed, sex, birth, status,
etc. Social justice demands that no one should be deprived of those social conditions which are
essential for his development and also enjoins upon the state the duty to improve the lot of the weaker
sections of society. It also calls for the abolition of social evils, such as untouchability, apartheid,
eradication of poverty, superstitions, illiteracy, etc.
 Social Justice
Following conditions are essential for securing social justice :
• Equality before Law
• Independent and impartial Judiciary
• Prohibition of discrimination
• Absence of special privileges
• Availability of Equal Rights
• Availability of Equal opportunities
• Provision for Protective discrimination
 Social Justice
• Fulfillment of basic needs
• Just distribution of wealth
• Availability of equal political Rights
 Economic Justice
The concept of economic justice is associated with the satisfaction of the basic economic needs of people
i.e food, clothing, shelter and equal opportunities for employment to every able-bodied citizen
irrespective of caste, creed, religion, social status, etc. There should not be wide economic disparities and
the principle of equal wages for equal work should prevail. Economic justice also requires that the
exploitation of man by man should be completely eliminated.
 Economic Justice
• Following conditions are essential for securing economic justice :
• Right to work
• Right to fixed hours of work
• Right to just and humane conditions of work
• Right to compensation
• Removal of economic inequalities
• Prohibition of unlimited right to Property
• Protection of interests of the workers
 DIFFERENT VIEWS OF JUSTICE

• Platonic Meaning. Justice is the main theme of Plato's classic "The Republic". The sub-title of
Plato's Republic is concerning justice. Plato believed that human organism contained three
elements-reason, spirit and appetite. Corresponding to these three elements there are three
classes in the society—Rulers, Soldiers and peasants.

In the Platonic sense, justice in the state consists in harmonious order between different social classes.
When each class minds its own business and does its job for which it is naturally fitted and does not
interfere with the duty of others, there is justice in the state. According to Plato, thus, performance of
one's duty is the essence of justice.