JUSTICE
By – Kshitiz Verma
Sec – 2
Subject – Political Theory
Submitted to – Dr. Zheer Ahmed
Presidency university
Bangalore – Karnataka
May, 2023
INTRODUCTION
The word, ‘justice’ has been derived from the French word ‘Justise’ which means
uprightness, equity, vindication of right and administration of law.1 ‘Justice is the correct
application of law, as opposed to Arbitrariness’2
The concept of justice is as old as society and civilisation. there can be no Justice in an
unlawful society. Justice is one of the strong pillars of the society and keeps the society
functioning peacefully, justice promotes the growth of the state and the society.
Justice can only be attained through the proper interpretation of laws and proper
implementation of it. In political practice and in theory, justice plays a central role in
defending or in the opposing of laws, administrative decisions of the government, and the
public policies, there are appeals made to the notion of justice. We have seen justice can also
be invoked in the form of political movement such as, the satyagraha campaign and the civil
disobedience movement.
To quote John Rawls of Harvard University, “justice is the first virtue of social institutions.”
While there is a widespread agreement among ordinary peoples, politicians and philosophers
about the centrality of justice as a moral-political value, there is no such agreement among
them on its meaning and scope. On these, there are very major differences in the views of the
liberal utilitarian, liberal-egalitarian (i.e., Rawlsian), libertarian, communitarian, Marxist and
feminist theorists. Of them, the liberal-egalitarian theory of social justice propounded by
Rawls has come to occupy a deservedly central position. Those who advanced alternative or
competing theories of justice feel compelled to present their worth or merit in comparison
and contrast with Rawls’s theory.
1
2
Manupatra articles, articles.maupatra.com (last visited may 3, 2023)
Manupatra articles, articles.maupatra.com (last visited may 3, 2023)
RESEARCH QUESTIONS
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How is the concept of justice important in understanding politics?
Why is the concept of justice significant?
What are the four dimensions of justice?
Is justice and fairness the same?
Differentiate between just and unjust laws.
State the difference between Procedural Justice and Substantive Justice.
Is justice good in itself?
How is the concept of justice important in understanding politics?
Justice is inter-linked with a few moral and political values such as liberty, fraternity and
equality. A society is considered to be right or fair only if every individual has their own due
rights and duties as well as the subsequent rewards and punishments for the conduct of an
individual in the society. Justice in the political system would mean that every individual gets
equal opportunity to represent themselves, without corruption or spread of hate amongst one
another, there are 3 different forms of justice; Social Justice, Economic Justice and Political
Justice.
This basically means that every person in the society deserves equal economic, political and
social opportunities regardless of their race, gender or religion. People must be provided with
equal assets in the society. Justice with regard to political system may also mean seeking
retribution for those who have been wronged by others in the society and the wrongdoers
facing the correct consequence for committing such crimes. In the court of Justice, we see
that even the accused is innocent until proven guilty, the justice system ensures everyone is
treated equally and fairly.
Why is the concept of Justice significant?
The concept of justice is significant because without it there would be complete chaos, the
proper functioning of a state would require proper justice to be executed by the government,
or else the people would lose hope in the elected officials and that government would
dissolve in a matter of time. It is only through justice, that there can be freedom, happiness
and truth, through its existence we can ensure impartiality and institutional decision making
based on legal rules as well as moral values laid down by the society. A political system
would allow a counterargument that would be justice, a place where one can voice their
opinions without altercations in a peaceful and non-violent manner.
Happiness even though it is subjective in nature, it is present only when people are living in a
just society. If we live in an unjust society, whether it is either economically, politically, or
socially, the people of that state would inevitably fail to achieve happiness. There is no truth
in injustice, only false information and the perpetrator whoever that may be would happen to
get away without facing any consequences for his/her actions, a just society would allow the
Freedom of expression because to some extent it does allow for a person to speak his/her
truth.
The stability of a society relies on the extent to which an individual/member of a society
thinks that they are being treated justly/fairly. When a person in the society claims that they
are being treated unequally then the foundation is full of disturbances. Humans as individual
beings or a part of a larger society would only stand united as long as they are being treated
equally.
Moreover, as philosopher Immanuel Kant and others have pointed out, human beings are all
equal in this respect: they all have the same dignity, and in virtue of this dignity they deserve
to be treated as equals. Whenever individuals are treated unequally on the basis of
characteristics that are arbitrary and irrelevant, their fundamental human dignity is violated.
Justice, then, is a central part of ethics and should be given due consideration in our moral
lives.
What are the four dimensions of Justice?
There are various dimensions to justice which we will discuss down below;
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Social justice
Economic justice
Political justice
Legal justice
Social Justice
In present day a lot of scholars prefer to talk about the concept of Justice as social justice. By
the term ‘Social Justice’ we mean that every individual in a society is equal and that there is
no discrimination on the basis of caste, creed, colour, sex religion or status. But this is not the
only way social justice has been explained to us, various other scholars have a different
perspective as to explaining Social Justice. 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.
You may ask what is Social Justice? It is just another name for Equal social rights of an
individual in the society.
The main aim of social justice is to give equal opportunities to every member of the society
to develop their qualities. – Barker
While there are some contemporary liberal thinkers who define social justice as the attempt to
reconstruct the social order in accordance with moral principles. There are continuous
attempts made in order to resolve social injustice, it stands for a morally just system of equal
distribution of rewards and duties in a society, without any discrimination against a person
based on class distinction. A state cannot discriminate on the bases of colour, caste, sex, etc.
untouchability and apartheid go against social justice.
Economic Justice
Yes, economic justice is indeed related to social justice because it is a part of the social
system. An individual having economic rights and opportunities is an essential part of the
social system.
Economic Justice says that an individual must be given the opportunity to earn their
livelihood and receive fair wages that can support their basic needs. And that the state should
provide some financial support to the people who cannot support themselves, during their old
age or the ones who are suffering from a disability.
No person who is more financially stable should exploit the people who are not well off
financially. It says that there must be equal distribution of wealth in order to reduce the gap
between the rich and the poor. Everyone must receive equal opportunities despite their
economic background, as long as they have the necessary skill.
There are a variety of views regarding the interpretation of Economic Justice. on one hand the
liberals consider it to be an open competition, and they support private property. On the other
hand, there are socialists who seek to bring about complete control over the society upon the
entire economic system. The socialist opposes the concept of private property. The one thing
that is absolutely clear from this is that all the citizens are to be provided with basic
necessities to sustain themselves. (For example; food, water, shelter, clothing, health,
education, etc).
Political Justice
The term ‘Political Justice’, means giving equal opportunity, and political rights to all the
citizens to take part in the structuring of the administration of the state. They should be given
the right to vote without discrimination on the basis of caste, creed, race, colour, and so on.
They must be given the equal right to vote and also to take part in the elections.
There are two dimensions to legal justice, one is the formulation of just laws and the other is
to do justice according to those laws. Laws are to be based on public opinions and according
to what is in the best interest of the public and their needs, laws should not be made
according to the will of the ruler and then be imposed on the people being ruled, that is
injustice and unfair to the people.
The citizens of a state will tend to not abide by the laws if and only if these laws do not meet
the social values and the morality of the society, they live in. In a situation like this it would
become very difficult to enforce these laws on to the people. There are a few laws which may
not be accepted by the people of the society out of fear of losing their freedom. The laws
which are just and fair in nature are accepted by the people why? Because they are inspired
by good feelings and are for the benefit of the people and not of the state.
Legal Justice
It means it is the rule of the law and not of any individual. Which includes that men are equal
before the eyes of law, and the other is that law is equally applicable to all the people of the
state, its objective is to provide security and protect the people. It says that law does not
discriminate against the rich and the poor. Conducting trials and through a proper procedure
the courts of justice are mandated to give out a fair and just ruling without any influence from
outside parties, or bribery or anything that goes against the public opinion.
According to Salmond, 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.
With this we conclude this question by saying that there are four dimensions to justice;
Social, economic, political, and legal Justice. All of these dimensions are inter-related to one
another and are also interdependent. Without either of the these the justice system would be
at an imbalance.
Is justice and fairness the same
There are a lot of arguments about justice and fairness. Justice basically means giving each
individual what they deserve or what is due for them. Both of these terms are related to one
another. Justice is more often used to describe rightness, whereas Fairness is used when you
judge someone without referencing to one’s feelings/interests. The ability to make a
judgement which is not overly general but is specific and concrete to a particular case is also
called fairness. In either of the ways both Fairness and Justice is crucial in decision making in
the legal system.
There is a lot of conflict between the notion of what people think they should be given, or
about how benefits and burdens should be equally distributed among a group of people or say
the society, the question of justice and fairness arise. The citizens need principles of justice
which will be accepted by the society which are fair and reasonable so that we know what
people deserve when such conflicts arise.
But even through all this there are still questions like how do we determine what a person
deserves? How is our judgment considered fair for the other person.
Coming to the actual definitions of justice and fairness to help us understand the two clearly;
Definitions
Justice – it is the fairness in the way people are treated.
Fairness – it is the quality of being reasonable, right, and just.
Justice and fairness are somewhat interdependent to one another, one cannot exist without the
other in a fair and just society. The aim of justice is to promote fairness and equity among
various aspects in the society. Whilst the aim of fairness would be to think about others in
order to lead them in their personal well-being. I feel justice is brought about to ensure a
person pays their due for their action but fairness is brought about to ensure that the law does
not discriminate due to influence of others in the legal system, which may not seem to be that
great of an issue but, in reality it is exactly what happens at times, due to the corruption that
has settled into our judicial system, at times we are blinded by the charisma of a person and
would end up clouding our judgement of that person due to the influence they may have on
us, that is where justice and fairness come into play.
Justice and Fairness keeps the society working and happy, ensuring peace and harmony
among its people.
Differentiate between Just and Unjust Laws.
Yes, there are two types of laws, Just and Unjust Laws, and we can easily depict which of the
two we should follow. We have a moral and also a legal duty to follow just laws and obey
them strictly, but that does not mean we have to follow unjust laws, in-fact it is our moral
duty to the society and its people to disobey unjust laws for the better functioning of the state,
because laws are made for the betterment of the people and not just the state, something that
is against the public policy and brings about inequality among its citizens would result in
being unjust and unfair.
A law that seems to uplift and bring the best in a human being and his personality is
considered to be a Just Law. A law that would degrade or defame a human being or his
personality would be considered to be an Unjust Law. Statutes on segregation, are unjust
because they defame a person and cause distinctions and causes harm to one’s personality. It
causes a false sense of inferiority among the people.
Let us examine a more substantial instance of Just and Unjust Laws
An Unjust Law is one which is the will of the ruler and it had been imposed on the people of
that land, and therefore is in the best interest of the ruler and not the people. A Just Law is
one which has been passed by the ruler after listening and understanding what the people
need and would be in their best interest. An example of an Unjust Law in India would be,
Attempted Suicide illegal, if not done right. Under section 309 of the Indian Penal code if you
do not commit suicide properly, you get punished by the authorities. Which basically means
that successful suicide is legal, but if you fail to do so, it may land you in jail. An example of
a Just Law would be, committing Theft/Robbery is a crime and is punishable by jail time, is
mentioned in Section 378 of the Indian penal Code.
State the difference between Procedural Justice and Substantive Justice.
On discussing about Justice, there comes a line of distinction in it, this distinction is termed
as Procedural and Substantive Justice. Procedural Justice refers to justice or fairness of the
procedure and the process by which a decision has been arrived upon and the is applied. On
the other hand, Substantive Justice refers to the justice and fairness of the outcome of laws,
policies, etc.
The principle of Procedural Justice and been based on ‘formal’ equality of a person which
basically means that a human being’s equality without the discrimination based on caste,
creed, gender, race, wealth, etc. Most often we see rights-based justice as procedural justice
and needs-based justice as substantive justice.
Substantive justice as opposed to procedural justice, is fair and reasonable it has a solid
foundation and it is concerned with the way an individual would evaluate meaningful things
to produce a final outcome.
Is Justice good in itself
This may seem like it is getting very philosophical, to discuss a question like this we must get
down to the philosophy of the very term ‘Justice’. By now we have discussed the different
meanings of justice and we have gathered that Justice can be interpreted differently by
different people because each person has their own views as to how they wish to look upon
the society. But I shall mention it again, it is based on something that is morally right and
fair. Socrates was asked the question, ‘is justice good in itself and not just for the sake of
other things’,
Thrasymachus argues that justice is the advantage of the strong over the weak, he says that
laws are put in place by the majority party and they are the ones that set these rules in place.
He believed that the elite ruled over the poor and thus created laws in order to control the
weak, which in contemporary times would mean that there is injustice, because the strong are
controlling the weak, the rich are controlling the poor.
In his ideologies he states that, injustice is stronger and more manipulative than justice, those
who are just and fair do not get what they want all the time where as those who are unjust and
unfair, always seem to have it all. He also states that if the elite rulers are the ones who
decide what is right and wrong according to their whims and fancy, then these laws are unjust
in itself.
Justice is good in itself as long as there is the right mindset instilled on those who are
governing the state. If the administrative officials are corrupted and set laws which are unjust
then justice in itself will not be good for the layman, and would only be beneficial for the
officials who govern the state.
Analysis
The objective of this paper is to understand the term justice in political parlance, to learn
about its origin, the meaning of the word justice and where it has been derived from? The
learning of how justice is gives importance to politics, and how significant it is in politics. In
learning about the four different dimensions of justice; social, political, economic, and legal
justice. We understood the bridge between justice and fairness and about how the two are
inter-dependent to each other, without one the other will not do well, and would not benefit
the society. This paper also spoke about the difference between just and unjust laws, and
about how we must obey the just laws and as our moral right dictates, to disobey unjust laws,
to ensure better laws which protect us and not harm us or violate our Rights. This paper also
goes on to talk about the procedural and substantive justice, which are again two distinctions
to justice itself. And lastly it talks about whether justice is good in itself or not? Which as far
as I believe depends on what the mindset of the person ruling the state is, if it is bad then
justice would not prevail there would be injustice and chaos amongst the people, but if the
mindset is good then the people would be happy and live in peace and harmony.
Conclusion
In conclusion of this research paper, I would say that justice plays an important role in the
political system, without justice there would be utter chaos in the society and there would be
oppression of people and violation of their rights and freedom. Thanks to the four dimensions
of justice there are just laws which are followed by the people, I learned that it is okay to go
against laws which are unjust and which are not for the benefit or are ridiculing the society
and its people. Justice and fairness even though they are two different words with different
meanings, yet they exist in order to make the lives of an individual in the society better for
one another. The research on this topic has brought about a lot of knowledge and I have got
to learn a lot more about justice.
Review of Literature
Major businesses all around the country have started to use a private, for-profit system
to resolve criminal issues, extorting money from suspicions of shoplifting in exchange
for a pledge not to call the police. This article investigates what the actions of shops tell
about our public criminal justice system, as well as the worries of its administrators,
victims, and suspects whose lives it affects. Both private detention of convicted
criminals and private police of business locations are well recognised practises. But this
article is the first to show how business has become involved in previously unexplored
areas of the criminal justice system by imposing penalties on thousands of shoplifting
cases.
Major corporations around the nation have started to employ a for-profit, private system
to deal with criminal complaints, extorting money from people who are suspected of
shoplifting in exchange for a promise not to call the police. This article looks into the
concerns of its administrators, victims, and suspects whose lives the criminal justice
system impacts, as well as what the activities of retailers reveal about our public
criminal justice system. Both private prisons for convicted felons and private security
for commercial buildings are common practises. But by imposing penalties on
thousands of shoplifting incidents, this article is the first to demonstrate how business
has gotten involved in previously unknown spheres of the criminal justice system.
The article continues the main analysis by demonstrating how studying private justice
offers new insights on crucial criminal justice concerns. It implies, for instance, that the
expenses incurred by crime victims in helping the prosecution may be a feature and not
a flaw of the system if they motivate victims to make investments in effective crimedeterring measures. By identifying factors that contribute to private criminal justice and
guessing about the upcoming developments, it further confuses legal academic models
of police and prosecutorial conclusions.
CITATIONS
Review of Literature: Rappaport John, Criminal Justice, Inc., Published by:
Columbia Law Review Association, Inc., (December 2018)