UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

KANDOLI BRANCH (COLLEGE OF LEGAL STUDIES)

TOPIC: SOCIAL JUSTICE ON BODY POLITY
SUBJECT: POLITICAL SCIENCE
SUBMITTED TO: PROF. SAM BABU K.C.

NAME: ASHUTOSH TIWARI

COURSE: B.A. L.L.B. (ENERGY LAWS) 2017 BATCH 1
ROLL NO.: 27
SAP I.D.: 500063024
 ACKNOWLEDGEMENT

I sincerely thank my teachers, my colleagues as well as my seniors and peers to help and
make this project. A significant contribution has been from the side of my college mates who
helped me with the constructive research. I would like to express my deepest appreciation to
all those who provided me the possibility to complete this report.

A special gratitude I give to my Political Science faculty, Prof Sam Babu K.C., whose
contribution in providing fruitful suggestion and encouragement helped me to coordinate my
project: social justice and body polity. Especially in writing this report.

Further I would like to acknowledge with much appreciation the crucial role of the library,
who gave me the permission to use all required equipment and the necessary materials to
complete this task. Special thanks go to my friends who helped me to assemble my research
materials and gave suggestions about various sources as well as first hand information on the
topic.

Last but not the least; I would like to thank my parents or peers who supported me with all
required resources. If provided with more task in future, I would try to perform with greatest
of my abilities and all with due dedication and responsibility.

Yours Sincerely

ASHUTOSH TIWARI
 TABLE OF CONTENT

1.Acknowledgement
2.Introduction
2.a. body polity
2.b. social justice
3.How to bring them together
4.Different views
5. Theories and criticism
6.Conclusion
7.Bibliography

INTRODUCTION
BODY POLITY

The expression "Body politic" (the political assortment of society) gets from the medieval
political idea of the King's two bodies initially noted by medieval student of history Ernst
Kantorowicz, as a state of religious philosophy as much as statehood. Be that as it may, the
individual to give the idea some lawful nibble and classified reality, as much as authenticity
and in addition Sovereignty, was the fourteenth century judge Sir William de Shareshull in
1351 for the offense of high treason in the repercussions of the Barons war. In any case, when
of the fifteenth-century judge Sir John Fortescue the idea moves far from religious
philosophy to law in his The Difference between an Absolute and a Limited Monarchy,
composed from oust in around 1462. Fortescue clarifies that the character angelus (divine
character) of the lord is his regal power, got from blessed messengers and separate from the
delicate physical forces of his body. Be that as it may, he utilizes the expression body politic
itself just in its advanced sense, to portray the domain, or shared administer, of Brutus,
legendary first ruler of England, and how he and his kindred outcasts had covenanted to
frame a body politic. Strangely for the time, Fortescue was writing in English and not Latin:
"made a body pollitike callid a reawme."

The early medieval period (thirteenth century) saw a general and radical move in the
possibility of the political body and sway and who was to be extreme leader of
humankind.This steady move in Translatio imperii and The Halo of perpetuity (Kantorowicz
reasoning) changed the ruler's persona from Liturgy to legitimate science,argues Kantorowicz
However,the Norman triumph demonstrated one thing, quite shockingly enough,the lord
wasn't a definitive and real landowner as William the Conqueror discovered to his disgust
and chagrin,which at last prompted the Doomsday book being complied.With Plenitudo
potestatis, Unam sanctam (a Papal bull) additional Ecclesiam nulla salus and the Sun and
moon purposeful anecdote now part of the ordnance of jurisdictional energy of the papacy
and both Canon law, medieval political philosophy; dropping into the notorious Inquisition
and sin as a definitive lawful reality which implied both the Roman Catholic Church and
Papal amazingness couldn't be ignored(not without dread of banning and at times legal
execution).

The church, which ultimately had powerful claims to sovereignty due to their immense
wealth and vast monetary resources which included a clever taxation system establishing the
legal validity of the tithe system which baffled legal experts of the day of its historical lineage
and origin, such as Sir William Blackstone, for example, not its legal validity; such as
their(the church's) enormous network and ownership of land, law making and the then-
University and education system.

SOCIAL JUSTICE

Social equity is a political and philosophical idea which holds that all individuals ought to
have square with access to riches, wellbeing, prosperity, equity and opportunity.

Social equity is a wide idea that isn't restricted to a particular religious or political
development. It is comprehensively connected with the political left, and in the U.S. its
supporters are predominantly found in the Democratic party, especially in the gathering's
self-recognized dynamic and communist wings. Progressives and communists who don't
connect with the Democratic party (independents, Greens and others) likewise usually utilize
the term.
Each real religion contains no less than one social equity development: freedom religious
philosophy, a development that started among Latin American Catholics, is a standout
amongst the most renowned.

Self-distinguished supporters of social equity are regularly inconsistent with each other over
particular strategies and needs, however share a wide vision of a perfect society in which
nobody race, class, religion, sexual introduction, sex character or dialect amass is singled out
for mistreatment or appreciates exceptional benefits.

In the U.S., for instance, progressives frequently push for change of the criminal equity
framework, which they feel has been unduly cruel on non-white individuals (especially
blacks and Latinos). They likewise condemn the medicinal services framework, which they
feel disregards ladies, poor people, migrants and non-white individuals. They push for change
of the movement framework, contending that it shields a large number of families from
understanding their maximum capacity. They push for measure up to pay for rise to work,
which they trust ladies and non-white individuals have been denied.

HOW TO BRING THE TWO TOGETHER?

Social Justice/equity is an idea of reasonable and only connection between the individual and
society. This is measured by the unequivocal and unsaid terms for the circulation of riches,
open doors for individual movement and social benefits. In Western and additionally in more
established Asian societies, the idea of social equity has frequently alluded to the way toward
guaranteeing that people satisfy their societal parts and get what was their due from society.
In the current worldwide grassroots developments for social equity, the accentuation has been
on the breaking of obstructions for social portability, the production of security nets and
monetary equity

Social equity doles out rights and obligations in the foundations of society, which empowers
individuals to get the essential advantages and weights of participation. The significant
foundations frequently incorporate tax collection, social protection, general wellbeing, state
funded school, open administrations, work law and control of business sectors, to guarantee
reasonable dissemination of riches, and equivalent open door.

Now that we’ve briefly tried to explain what Social justice means , we shall now be moving
on to Body Polity which is also an essential part of this synopsis , Body Polity is an idea
where state come together to form a union or a country can be showed in various structures,
for example, an express, a realm, a global association, a political association and other
identifiable, asset controlling hierarchical structures. A nation, similar to a state should not be
a sovereign unit. The most prevalent countries today are Westphalian states and country
states, regularly (however inaccurately) alluded to as "countries".

It in this manner exemplifies a huge large number of associations, a considerable lot of which
frame the major contraptions of contemporary states, for example, their subordinate common
and nearby government authorities. Polities don't should be responsible for any geographic
ranges, as not every political element and governments have controlled the assets of one
settled geographic region. The chronicled Steppe Empires beginning from the Eurasian
Steppe are the most unmistakable case of non-stationary commonwealths. These countries
contrast from states due to their absence of a settled, a characterized area. Realms likewise
vary from states in that their domains are not statically characterized or for all time settled,
and therefore that their body politic was additionally unique and liquid.

It is helpful, at that point, to think about a country as a political group. A country can be
characterized either as a group inside a bigger (typically state) substance or, at various
circumstances, as the element itself. Kurds in Iraqi Kurdistan, for instance, are parts of their
own different and unmistakable commonwealth. They are additionally, however, individuals
from the sovereign province of Iraq which is itself a commonwealth, but one which is
significantly less particular and, subsequently, substantially less firm. It is in this manner
workable for a person to have a place with more than one country at any given moment.

Without social justice there will be no fruits of forming the political system. Full and
equivalent rights for all natives implies that everybody in the nation can carry on with a long
and sound life, obtain learning and approach the assets required for a not too bad way of life.
To accomplish measure up to rights, individuals should likewise approach their political
framework. They should have the capacity to express their perspectives, rehearse any religion
they need and be shielded from physical mischief. In the event that somebody is blamed for a
wrongdoing they should be given the chance to satisfactorily shield themselves. Full and
equivalent rights for all nationals implies that any subject, regardless of his or her position,
ethnicity, religion, or age ought to be dealt with decently and given regard.

DIFFERENT VIEWS
The term, ‘justice’ has been used since the time immemorial in different languages, in
different religions, varying from region to region.

“SOCIAL JUSTICE IS AN ATTRIBUTE OF GOD …. EVERY ACT, EVERY

THOUGHT IS WEIGHED IN THE INVISIBLE BUT UNIVERSAL BALANCE-
SCALES OF JUSTICE. THE DAY OF JUDGMENT IS NOT IN SOME REMOTE
FUTURE BUT HERE AND NOW, AND NONE CAN ESCAPE IT. DIVINE LAWS
CANNOT BE EVADED. THEY ARE NOT SO MUCH IMPOSED FROM WITHOUT
AS WROUGHT INTO OUR NATURE” was said by Radhakrishnan.

“we are born for justice, and that right is based, not upon man’s opinion, but upon nature.
This fact will immediately be plain if you once get a clear conception of man’s fellowship
and union with his fellow – men, for no single thing is so like another, so exactly, its
counterpart, as all of us are to one another” was declaration of Roman-Greek philosopher
Cicero. “State depends upon, and acknowledges and gives effect to the consciousness of
mutual obligations and the mutual recognition of rights that bind its citizen together. The
state is a moral community, a group of persons who in common possess the state and its law.”
In essence, for Cicero “Justice is intrinsic goods,” which holds the people together by normal
ties and rights.

Plato interlinked individual and social equity together. The individual type of equity shows
itself, when man prevails with regards to setting up concordance and solidarity among all the
three characteristics of astuteness, boldness and hunger as inborn in his heart. On the off
chance that, the adjust is vexed or irritated, the individual surges towards desire and
treachery. Likewise, the all around requested adjust of three classes of nationals in the public
arena is the essential thought of social equity. ‘Social justice’, according to Plato, is defined
as “the principle of a society, consisting of different types of men … who have combined
under the impulse of their need of one another, and by their combination in one society, and
their concentration on their separate functions, have made a whole which is perfect because it
is the product and the image of the whole of the human mind”

Not at all like Plato, for Aristotle, equity is inborn in ethical quality, scientific knowledge and
established run the show. He places it into 'general equity', and 'specific equity'. The previous
is the entire great of society; it is moral direct, it is open great; it is temperance. This equity
solicits man to think not from himself but rather of other individuals. The last is a piece of the
entire equity. For Aristotle, the best state is what is established on proportionate equity in
view of the benefits of the individual, and not on birth, riches, freedom and balance. An entire
balance among the subjects isn't conceivable in any regard of human life. Regardless of the
possibility that equity has been bearably secured inside a specific group, different conditions
like mischances, burglaries, gather competitions and rupture of agreement may emerge to
aggravate it, and in this manner there is need of connective equity which isn't exact
retribution yet some kind of pay. “In view of the general conception of justice, it may rightly
be explained that to Aristotle, the spirit of social justice lies in a just arrangement of society
which would mean a model in which each one does efficiently the work for which one is
fitted by nature of one’s capacities and abilities and receives accordingly what is necessary to
enable him to continue his work. Though the state regulations can only be accepted as
general, not as applying to every individual instance, yet the laws of a state as Aristotle
argued, can only provide for what is best in general. The most important element added to the
concept of social justice by Aristotle was the ‘rule of law’ which has received a special
attention in modern societies” – jatava

According to Miller, social justice “is realistic attempt to bring the overall pattern of
distribution in a society into line with principles of society”. It lays on two presumptions: to
start with, that social procedures are represented, at any rate in expansive blueprint by
discoverable laws, so it bodes well to attempt to reshape society purposely; second, that it is
conceivable to discover a wellspring of energy – more often than not in government – suffi-
cient to do the reshaping. There have been two noteworthy originations of social equity, one
typifying the ideas of 'legitimacy' and 'forsake' and the other, those of require uniformity.

For Outhwaite and Bottomore, “Justice is the evolution of the basic social and political
institutions, particularly with respect to the consequent distributions of benefits and burdens
are standardly expressed in terms of justice or injustice. In its most general sense the concept
of justice requires that each individual has what is due to him or her.” 

In the context of the Constitution of India, P.B. Gajendragadkar, former Chief Justice of
India, said: “The concept of social justice is (thus) a revolutionary concept which gives
meaning and significance to the democratic way of life and makes the rule of law dynamic. It
is this concept of social justice which creates in the minds of the masses of this country a
sense of participation in the glory of India’s political freedom.” “ Social justice must be
achieved by adopting necessary and reasonable measures with courage, wisdom, foresight,
sense of balance and fairplay to all the interests concerned. That shortly stated, is the concept
of social justice and its implications. If eternal vigilance is the price for national liberty, it is
equally the price for sustaining individual freedom and liberty in welfare state”

THEORIES
1. Utilitarianism
2. Self- perfectionism
3. Marxism
4. Existentialism
5. Rawl’s theory
6. Libertarianism
7. Ambedkarism

UTILITARIANISM

The heroes of utilitarianism, J. Benthem (1748-1832), James Mill (1773 - 1836), John
Austin (1790-1859) J.S. Factory (1806-1873) viewed practicability and utility as the
measure of uprightness and equity. The estimation of equity is characteristic in what
number of people get delight from it, that is the means by which far it is helpful or loaded
with utility for normal intrigue. That which isn't valuable, or does not contain any utility,
can't be simply and morally reasonable.

At the end of the day, as indicated by this school of social equity, all inquiries of distri-
butions are to be settled by reference to over results; A sociality just designation is
extreme assignment that delivers the "best entirety of satisfaction". J. Stuart Mill's
utilitarianism (1801) contains maybe they should influence introduction of this position.

SELF-PERFECTIONISM

F.H. Bradley (1846-1924) the most unpretentious and driving mastermind of the
hypothesis of "self-protectionism", focused on the possibility that if every individual does
the obligations of his station the place relegated to him as an instructor, specialist, legal
advisor and so on., the foundation of a fair and great society would be less demanding. He
considered his hypothesis of "my station and its obligations" to be the primary
establishment of equity.

Since all people vary in their capacities and limits their obligations as well, would
monstrously contrast. Every individual must do every one of his obligations, truly, and
proficiently as per the place he has been doled out in the public arena. Be that as it may,
in Bradley's social plan, each individual has ideal to pick his own particular place of
obligations. Henceforth, he can seek after any course of his preferring, yet once he
chooses his place, he should do his work devotedly with the goal that the conceivable
outcomes of social advance and the territories of equity are extended in light of a
legitimate concern for all.

In Bradley's view, this is the correct approach to accomplish individual and social great
and there is no logical inconsistency between the two. Hence, grounded foul play, the
 ethical perfect of Bradley clings to the possibility that a man's life, alongside his ethical
obligations for the most part finishes itself in requesting those callings which has been
assigned as state and that incompletely by methods for its laws and institutions,
significantly more than this by its own awareness, gives to man such an existence, to the
point that he prefers and should live

MARXISM

The Marxist's perspective of social equity trusts that the possibility of equity has created
through the ages. It changes from one age to the next on the premise of financial relations.
The financial structure assumes definitive part in building up and keeping up the social
equity.

There has been constant battle between 'those who are well off' and 'the less wealthy's all
through the ages in the appearance of social equity, as in each phase of human culture the
poor were abused by the have class, yet couldn't achieve such equity as the issue of
misuse is established in the monetary structure itself.

Thus, the Marxist morals initially connect the idea of equity with freeing society from
abusing class, and social equity accomplishes its summit in comrade society, in which all
hints of social and monetary refinement vanish.

Late communitarian speculations hold that criteria of equity rely upon the 'circle' in which
dispersions are being considered, so that, for example, monetary and political equity are
unmistakable and that guidelines of equity are constantly with respect to the
understandings and desire of current particular social orders (Walzer, 1983).
Consequently, the Marxian idea of socialism or equity has been adjusted now and again,
place to place and circumstance to circumstance, however the essence has been the same
– human welfare

EXISTENTIALISM

The existentialists hold such man's reality is a constant battle amidst the solidarity of the
procedure of decision. In Jean Paul Sartre's view, man can-not get away from the activity
of opportunity as flexibility is inborn in the presence of humankind. Opportunity would
stay in life lastingly inasmuch as the presence of man proceeds.

Man's flexibility is boundless, that is, opportunity can never be crushed by any law or
good control; neither would it be able to be found by the pressure of a perfect or any
arrangement of commitments. This reality, be that as it may, does not excuse man from
responsibility, which is the sole premise of the existential thought of equity.
 RAWL’S THEORY

According to him:

(a) Each person is to have an equal right to the most extensive total system of basic liberties

compatible with a similar system of liberty for all.

(b) Social and economic inequalities are to be arranged so that they are both:

(i) The greatest benefits to the least-advantaged, and(ii) Attached to the offices and positions

open to all under conditions of fair equalities of opportunities

LIBERTARIANISM

Justice, the new-liberals argue, is a property of processes rather than of outcomes. If the

convert procedures for acquiring and transferring benefits have been followed, it makes no

sense to describe the resulting distribution of resources as either just or unjust.

AMBEDKARISM

As indicated by Ambedkar, political majority rule government can't last unless there lies at its

base the social vote based system which perceives balance, freedom and organization as the

standards of life. These standards of freedom, equity and crew are not to be dealt with as

isolated things in a trinity yet shape a solidarity of trinity as in to separate one from the other

is to nullify the very point of vote based system (Ambedkar, 1994). Henceforth, for

Ambedkar, popular government is a basic element for accomplishing social equity.

To Ambedkar, freedom had a huge part to play in molding human identity. It is grounded in

articulation of thought, conviction, confidence and love; and a man with it moves toward
becoming and develops rich when he conveys what needs be in different ways. It gives open

doors for workmanship and writing. The shrouded abilities are communicated through

freedom and a man can pick the most ideal approach to shape his fate. To limit total freedom,

fairness comes in picture. It sews men to men, gatherings to gatherings, and acquires them

common ties, collaboration and social sensitivity.

CRITICISM

All the above hypotheses contributed something little, or huge, positive or negative, this

viewpoint or that part of social equity. In any case, a portion of the hypotheses expressed

above is by all accounts obsolete today for their inborn insufficiencies. For example, the

hypothesis of 'Hindu Social Order' had confidence in an official convention of 'social

disparity. It contradicted to all that which constituted the pith of social equity . In Ambedkar's

view the Chaturvarna fizzled for the purpose behind which Plato's plan demonstrated wrong

and shallow.

In the same way, the divine law of Hinduism which states, “Justice is an attribute of God ….

Every act, every thought is weighed in the invisible but universal balance-scales of justice.

The Day of Judgment is not in some remote future but here and now, and none can escape it.

Divine laws cannot be evaded. They are not so much imposed from without as wrought into

our nature” is not acceptable in the modern world.

Also Aristotle stated that “The soil is to be till by slaves, and artisans are to be excluded from

citizenship on the ground that virtue is impossible for men whose time is consumed in

manual labor”. Hence his views are also considered outdated.

In any case, Marxism remains for the soul of humanism. Be that as it may, the technique and

also objective laid out by it doesn't appear to be practicable and achievable in current world –

thus, best case scenario stayed as Utopia. It's 'praxis' in altered frame in previous USSR,
China and different countries did not yield genuine equity. Its 'financial determinism' and

asserting position or religion as determinant of monetary structure, and its call for savage low

class unrest are to a greater degree a hypothesis than a handy reality – neither can be

conceivable nor alluring. Notwithstanding such feedback, Marxism has been wellspring of

motivation for researchers of social equity for its remain on humanism and social value.

CONCLUSION

The usage of the mechanical assembly of equity to achieve, and in the meantime to
legitimize, political objectives brings up issues of suitability, need, and convenience. The
legitimization of the two objectives sought after and strategies connected will remain
perpetually in question, all in all and in every individual case. In the interim, depend on
court procedures for political finishes, particularly by the state, will be liable to its own
characteristic confinements.

It is one Catch 22 of political equity that restraint is best when minimum essential—that
is, the point at which the administration assaults little, insignificant, or short lived
minorities– and to the least extent liable to be powerful when most appealing to the
administration, that is, notwithstanding solid, tireless minority supposition and
association. It is another essential conundrum that the estimation of legitimate system in
passing on or improving the authenticity of an administration depends to a great extent on
how much that method regards the impediments on political indictment, that is, the level
of emphasis on proof of cement past activity, the unencumbered presentation and test of
declaration, the opportunity of the guard, and the authoritative and scholarly separation
between the arraignment and the court.

BIBLIOGRAPHY

WEBSITES

1. WWW.MERRIAM-WEBSTER.COM
2. WWW.WORDNIK.COM
3. WWW.QUORA.COM
4. WWW.DISCUSS.FORMUAS.COM
5. JSTOR DATABASE

BOOKS
1. RECONCILING ALL THINGS : A CHRUSTUAN VISION FOR JUSTICE PEACE AND HEALING
2. PURSUING JUSTICE : THE CALL TO LIVE AND DIE FOR BIGGER THINGS
3. PEOPLES HISTORY OF THE UNITED STATES – HOWARD ZINN
4. RICH CHRISTIANS IN AN AGE OF HUNGER: MOVING FROM AFFLUENCE TO GENEROSITY – RONALD
SIDER