JUSTICE AND IT’S RELATIONSHIP

SUBMITTED BY - TANISHA BANSAL

B.A LLB (SEMESTER-2)

ROLL NO. - 61/20F

SUBMITTED TO - RAJNISH SARYAL

(ASSISTANT PROFESSOR)

UNIVERSITY INSTITUTE OF LAWS

P.U. REGIONAL CENTRE , LUDHIANA
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to

Prof. Rajnish Saryal who gave me the golden opportunity
to work on the topic ‘JUSTICE AND IT’S RELATIONSHIP
WITH EQUALITY AND LIBERTY’ and for their able
guidance and support in completing my assignment. His
patience, motivation, enthusiasm and immense
knowledge have helped me immensely during my
research.

Tanisha Bansal
ORIGIN OF THE WORD JUSTICE
The word justice has 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. 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. The
Greek word for justice is Dike which means nearer to
righteousness.

MEANING AND DEFINATIONS OF JUSTICE

In India, justice is equated with Dharma, therefore, some people
call it Will of God’ and according to others, it is ‘Reward of Past
Karmas’. The Greek thinkers also hold different views about
justice. Justice means following of norms and stands for just
conduct, fairness or exercise of authority.

According to Thasymychus, ‘Justice is the interest of the

powerful’. According to Glocan, “Justice is the interest of the
weaker.”

According to Plato, “Justice is quality”. In simple words the

meaning of justice is to discharge one’s duties honestly and not
to interfere in others actions.

Aristotle is the supporter of the concept of Distributive Justice

which means that the rights and offices should be distributed
among the citizens on the basis of their qualities and ability.

Following definitions have been given by different scholars to

clarify the meaning of justice:

1. According to J.S. Mill, “Justice is the name of certain classes

of moral values which concerns the essentials of human well
being more clearly and are, therefore, a more absolute obligation
than any other rule for the guidance of life."

2. According to Benn and Peter, "To act justly is to treat all men
alike except where there are relevant differences among them."

3. According to Sabine, "Justice is a 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
trainings."

4. According to Salmond, “Justice means to provide everybody

his share.”

5. According to Prof. Merriam, “Justice consists in a system of

understandings and procedures through which each is accorded
what is agreed upon as fair.”

The definition given by Merriam clarifies following three things—

(i) Justice depends upon the contemporary social values and

customs and with the change in social values and customs, a
change also comes in the concept of justice.

(ii) Justice is also related to a procedure, following which the

judiciary decides about is justice and injustice, good and bad
according to the law and the constitution of the state.

(iii) The purpose of justice is to provide those rights and facilities

to man which are recognized by the society.

Therefore, Justice is concerned with human welfare and the

protection of the reasonable interests. This can be experienced
only when each citizen performs his duties in right prospective.
Famous intellectual Plato has written in his famous book
Republic that every citizen has to perform a few duties and the
sense of fulfilling these duties, are justice.

Major concept of justice

In history of ideas, there are two majors concepts of justice. They
are:
Numerical concept of justice -Its gives equal share to all. The
Greek city states took the rule so far that many offices were filled
by lot. The holding of an office did not call for any special
knowledge or qualification. this concept is expressed by Jeremy
Bentham as Everyone is to count for one, nobody for more than
one.

Geometrical concept of justice - It is a concept of proportionate

equality. Its means equal share to equal and unequal to unequal.
It means that distribution of power and patronage should be
proportionate to worth or contribution of the individual. Pluto
and Aristotle favour this.

Sources of Justice
(1) Religion as a source of justice - Religion as a source of
ethical principles may be regarded as an ultimate source of notice
of justice. Regarding religion as the origin of the idea of justice,
Barker says, "The Medieval Church held and the Roman Catholic
Church still holds today, that it is God who gives through his
Church the notion of justice, of idea of the rule of right, which is
the impersonal source of law and the sustainer of the State in its
task of declaring and recognising law."

(2) Nature as a source of justice - Stoics supported the idea of

nature being a source of justice. The Stoic conception of nature
was a conception which combined their moral philosophy and
religious beliefs. The word 'nature' is related to a spiritual world.
For them nature, God and reason was one thing. They believed
that man who lived in conformity with nature also shared
something of reason and God. Natural implies three things- man
should be free, man should be treated equal, and man should be
associated with his fellow man by the common factor of reason.
The three cardinal sources provided by nature for justice are
liberty, equality and fraternity. The Stoics identified justice with
the nature, i.e ., the rule of reason or God.
(3) Economics as a source of justice - Economics began to be
treated as the source of justice when new industrial age ushered
into the eyes of people. Revolutionaries like Marx argued that the
origin of justice is in Economics. According to him, the idea of
justice is derived from the facts or deduced from the principles of
economics.

(4) Ethics as a source of justice- The idealist thinkers like Plato,

Aristotle, Kant, Green, Barker believe that the true source of
justice is to be found in ethics. The system of values accepted by
a community will be in its turn the impersonal source of positive
justice enforced by the State.

CHARACTERISTICS OF JUSTICE
1. Human Welfare—Human welfare is the first characteristic of
justice because the main aim of justice is public welfare. So, any
system which is based on general welfare is just. Prof. J.S. Mill
has rightly said that justice stands for certain values which are
directly related to human welfare and a provision which is
against general welfare of human beings can never be just. So,
human welfare is a yardstick to measure just action.

2. Ethical Concept—Justice is an ethical concept and is based

on legitimacy and logic. The legitimacy or non-legitimacy of an
action depends upon ethical values and every action which is in
accordance with the establish ethical values can be accepted as
just action and which is not according to established ethical
values is not just action.

3. Changeability—The concept of justice is changeable also and

it keeps changing we change in social, economic and political
situations. For example, during old days untouchability, dowry
system and sati etc were an important characteristics of the
Indian society whereas today all these provisions are a legal
offence and anybody who gives practical shape to these
provisions invites punishment. Similarly, famous Greek
philosopher Aristotle had justified slavery whereas today it is a
crime.

4. Fulfilment of reasonable Interests—The target of justice is to

protect the reasonable interests of man and what are reasonable
interests, different scholars have their different view point. A
person may project his selfish interests as reasonable interests
for the fulfilment of which he may harm others interests. But
such interests cannot be reasonable interests. In fact the just
interests are those which have social sanction and are not
against social interest.

5. Performance of duties- Every man in society has to perform

his duties, if does not he can’t expect of justice. According to
Plato, discharge of duties is essential condition of justice and
every individual performing his duties as per role is doing justice.

6. To provide everybody his reasonable Share-Justice means

to provide everybody his reasonable share. If anybody does not
get his share then the man can go to the court.

7. Justice is related to values prevailing in Society—Justice is

related to values prevailing in the society and with the change in
social values, a remarkable change comes in the concept of
justice. For this reason, the concept of justice does not remain
constant in the society. Social values keep on changing and the
values which are not in consonance with the prevalent social
order, such values automatically fade away and are replaced by
new values.

8. Multi Dimensional Concept— Social life has various aspects

such as economic, political, legal and social aspect etc and the
concept of justice is related to all these aspects. Because of this
reason the concept of justice is considered multi dimensional
concept. An individual while living in Society must get legal,
political, economic and social justice and in the absence of any of
these we cannot think of complete justice.
BASIC POSTULATES OF JUSTICE

1. Truth— To present the facts in a right way is truth and in

the absence of truth we cannot think of justice. To present
the facts Subjectively is not truth rather to present the facts
objectively is truth.
2. According to Prevalent Values—Every Society has certain
prevalent values and concept of justice should be in
accordance with these values. The prevalent values of
society keep changing with time. The old values perish and
the new values take their place and the concept of justice
keeps on changing with the changing values.

3. Equality before Law—Everybody should be equal before

law and there should be no separate laws for different
people. Every individual should have equal protection of law
no discrimination should be made on the basis of caste,
religion, colour and race etc.

4. Liberty—There is a close relationship between Liberty and

Justice because justice cannot be achieved without liberty.
Putting unreasonable restraints on man is injustice. But to
put limitations on an individual to protect general public
interests or the interests of the state shall not be injustice.

5. Impartiality—Impartiality means no discrimination among

people rather equal and fair treatment should be done with
all and one should rise above personal prejudices. According
to Benn and Peter, "Do not let your judgement be influenced
by relationship or enmity, fear, greed or ambition."
 6. Respect of Individual's ability and capability- Every
individual has different ability and capability and one
should be made to work according to it because to take
work from others according to their ability is justice. If we
make a weak person to work continuously for long hours, it
will be injustice. That is why special provisions are made for
weak, sick and handicaps.

7. Protective discrimination is not Injustice—Though the

concept of justice prohibits discrimination, yet, protective
discrimination is required for providing justice. In India, for
the protection of the interests of backward classes,
scheduled castes and scheduled tribes, some seats are
reserved in every sphere i.e. in employment, admission in
professional colleges etc. This is done only to give justice to
the down-trodden who are being exploited since time
immemorial. In this way, the concept of justice gives
sanctions to protective discrimination.

8. Provision of Rights—The provision of rights is essential for

the establishment of justice because in the absence of
rights, there is no practical significance of the concept of
justice. Rights are essential for the all round development of
an individual and justice is also concerned with the total
development of an individual. But while giving rights no
discrimination should be made with the people on the basis
of their caste, colour, creed, religion etc.

9. Fulfilment of Basic Needs—The society in which the basic

needs of an individual are not properly fulfilled, cannot
claim to be a just society. Therefore, for the establishment of
justice every care should be taken to see that the basic
needs of food, clothes and shelter should be fulfilled of every
individual living in the state.

10. Respect of the Laws of Nature—Nature has its own laws

and to respect these laws is the basic postulate of justice. For
example to get such works done by the children, women, weak
and handicapped etc, which they cannot do, is injustice and is
against the principle of nature. Similarly, nature has endowed
women with kind nature and to fulfil certain special
responsibilities. But in case we make them to do such things for
which they are not made, is injustice with women. Justice
demands that they should be made to do those things for which
they are fit to do.

VARIOUS DIMENSIONS OR FORMS OF JUSTICE

The concept of justice is very complex. It is not only the name of
legal and judicial process rather it has various aspects such as—

1. Legal Dimension of Justice

2. Political Dimension of Justice

3. Social Dimension of Justice

4. Economic Dimension of Justice

1. LEGAL DIMENSION OF JUSTICE

Justice and law have close affinity with each other. State makes
law and implements them in order to establish justice in the
society. Since the behaviour of the state is based on justice, that
is why it is called judicious. The Study of the legal aspect of
justice can be divided into following sub-headings—

(A) Laws should be Just- To maintain justice in state, many laws

are made. But people only that laws which are based on justice.
Judicious laws are-

(i) those laws which are made in view the public welfare.

(ii) those laws which are made by the elected representatives of

the people. Laws made by the arbitrary rulers are not judicious,
(iii) Just laws should be based on the prevailing values in the
Society. Those laws which are against social values can never be
popular.

(B) Justice according to Laws – It is not sufficient that laws

should be just but justice should be done according to laws made
by civil servants and judiciary. Laws should also be implemented
correctly. Article - 21 of the Indian Constitution provides that,
“No person shall be deprived of his life and personal liberty
except according to the procedure laid down by the law”.
Following conditions are necessary-

(i) Every citizen should be given equal status before law.

Example- Article 14.

(ii) Provision should be made to keep judiciary independent and

impartial so that it is able to do Justice.

(iii) Man should be given protection against arbitrary arrest.

(iv) Nobody should be given punishment unless he is found

guilty.

(v) There should be provision of open-trials for citizens.

(C) Purpose of Punishment—There is close relationship between

justice and punishment because the Purpose of punishment is to
maintain justice in the society. Ahead are the main theories
regarding the purpose of punishment :

(i) Reformatory Theory—Few people are of the opinion that a man

commits crime because of adverse circumstances and losing
mental balance. In this way, the propensity of crime is disease
and the aim of punishment should not be to cause harm but to
reform the convict. But many critics didn’t accept it. They think
that convicts are cunning and they commit crime in a planned
way.

(ii) Retributive Theory—The supporters of this theory are in

favour of taking revenge of the be accepted in a civilized society.
This will only result into anarchism.
(iii) Deterrent Theory—Supporters of this theory believe in giving
severe punishment to the guilty, so that he may not commit
crime again. Other people will also learn a lesson from such
examples. .

Regarding punishment, no theory is satisfactory of the above

mentioned three theories. The aim of punishment should not be
punishment alone but reformatory also. Efforts should be made
in order to bring change in their total behaviour. Favourable
atmosphere should be provided to them in order to reform them.
In present age, many reformatory plans have been implemented
in prisons all over the world.

NECESSARY CONDITIONS TO ENSURE LEGAL JUSTICE

(i) Just Laws

(ii) Equality before Law

(iii) Uniform legal System

(iv) Impartial and independent Judiciary

(v) Inexpensive and Efficient Justice

(vi) Democratic organization of Legislative Bodies.

2. POLITICAL DIMENSION OF JUSTICE

Everybody should have right to influence the administration

which is possible only with equal political rights. It is said in the
Article-20 of UNIVERSAL DECLARATION OF HUMAN RIGHTS
that every citizen has right to participate in the administration of
country.

NECESSARY CONDITIONS TO ENSURE POLITICAL JUSTICE

(i) Universal Adult Franchise

(ii) Right to contest Elections
(iii) Right to criticize Government
(iv) Right to form political parties
 (v) Right to protest
(vi) Right to Petition
(vii) Respect oh human rights
(viii) Protection of interests of minorities
(ix) Political authority based on people’s consent
(x) Democratic system
(xi) Special provisions for protection of Schedule castes
and tribe and Backward classes
(xii) Periodical Elections
(xiii) Prohibition of Discrimination

In short, we can say that to ensure political justice, citizens

should be provided with civil rights and human rights must be
protected.

3. SOCIAL DIMENSION OF JUSTICE

The concept of Social Justice is wide concept and various

scholars have tried to explain this concept. Few scholars are of
the opinion that “the proper distribution of wealth” is social
justice and others think that equality of opportunities is social
justice. Few writers think that ‘providing proper opportunities”
is social justice. Actually the meaning of social justice is to give
proper opportunities to every citizen, in every sphere of life, to
develop his personality and to end all types of social inequalities.

According to P.B. Gajenderagadkar, "By Social justice, we mean

to end s0¢ inequalities and to provide equal opportunities to
develop in every sphere of life”.

According to K. Subha Rao, "In its large sense, it seeks to

remove the imbalances the political, economic and social life of
the people. In short, social justice helps to about a just society."

According to Prof. Laski, ‘To Provide for equal Social rights is

social justice.”

NECESSARY CONDITIONS TO ENSURE SOCIAL JUSTICE

 (i) Equality before law
(ii) Absence of Special Rights
(iii) Prohibition of Discriminations
(iv) Abolition of Superstitions and Social Evils
(v) To end caste System
(vi) Just distribution of Wealth
(vii) Democratic Government
(viii) Just balance between Freedom and Social Control
(ix) Social Security
(x) Provision of equal Political Rights
(xi) Protection of the interests of Minorities

In short, we can say that to establish social justice, rule of law

should be established everybody should be given equal status by
law. Social discriminations should be eradicated and just
distribution of wealth should be ensured.

4. ECONOMIC DIMENSION OF JUSTICE

By economic justice, we mean to provide equal opportunities to

everybody to earn his livelihood. It also means to help such
people who are not able to work and earn their livelihood. The
basic needs of everybody such as food, cloth and shelter should
be fulfilled and the unequal distribution of wealth needed to be
stopped.

While expressing his views about economic justice famous,

Jurist M.C. Setalvad has said, “Economic justice is the provision
of equal opportunities to the citizens to acquire wealth and use it
for their living, it implies to those persons who are disabled or old
or unemployed and therefore, not in a position to acquire wealth,
should be helped by society to live.”

NECESSARY CONDITIONS TO ENSURE ECONOMIC JUSTICE

(i) Right to work for Everybody

(ii) Fulfilment of Basic Needs
(iii) To reduce wide economic Disparities
 (iv) Equal Wages for same Job
(v) Protection of the interests of Workers
(vi) From each according to his ability and to each
according to his Needs
(vii) Just distribution of Wealth
(viii) End of economic Exploitation
(ix) Special protection of the interests of weaker Sections
(x) Limited Right to Property
(xi) Welfare State

The legal, political, economic and social dimensions of justice,

but the reality is that there is very close affinity among all these
aspects like that of man and his shadow. We cannot expect
justice in the absence of any of these dimensions. A just society
is that society where every individual gets Legal, Political, Social
and Economic Justice.

RELATIONSHIP BETWEEN LIBERTY, EQUALITY AND

JUSTICE
The main aim of these concepts is to establish a just society. For
every just society, there should be proper combination among
Equality, Liberty. Actually these concepts are based on justice.
But Justice is also the basis of these concepts. In this way, these
are the two sides of the same coin. Justice is closely related with
the social values and liberty and equality are two important
values of society. A society where equality and liberty are absent
cannot be termed as just society.

1. RELATIONSHIP BETWEEN LIBERTY AND JUSTICE

Liberty is the first need of justice. Every ruler who attacks the
civil liberties is considered unjust ruler. Many struggles were
waged against unjust rulers to achieve liberty and every struggle
was considered just. American War of Independence, French
Revolution, India Independence Movement, struggle against
apartheid in South Africa were actually to establish justice.

Meaning of Liberty- McKechnle said, “Freedom is not the

absence of all restraints rather the substitution of rational ones
for irrational.”It means to provide proper opportunities for human
development.

Meaning of Justice- Justice is related to human welfare and

protection of man's just rights. According to J.S. Mill, “Justice
is the name of certain classes of moral values which concern the
essentials of human well being more clearly and are, therefore, of
more absolute obligation than any other rule for guidance of life.”

MUTUAL RELATIONS BETWEEN THE TWO

There is a close relationship between Justice and Liberty and we

cannot even think of one without the other, because:

i) Purpose of both is Common—The Purpose of liberty is

to provide opportunities for the human growth but man
cannot be given freedom to do illegal and-anti-social acts.
The aim is also to secure justice and to establish just
society.
ii) Liberty is the first condition of justice- Liberty is the
first condition because independent society is just
society. Every freedom struggle was actually struggle for
justice.

Absolute Freedom is against Justice—In 17th and 18th century,

Individualists favoured absolute freedom but this resulted in the
establishment of unjust society. Rich became more rich and they
exploited the poor to their best. Therefore, for establishing
justice, we cannot grant absolute freedom. In 19th century,
liberalists favoured on putting restraints on individual liberty so
that a just society could be established. In 20th and 21st
centuries, this theory is also accepted that individual liberty is
reasonable only upto the stage where it does not oppose justice
and morality. In other words, it is accepted today that there is a
close relationship between liberty and justice.

2. RELATIONSHIP BETWEEN EQUALITY AND JUSTICE

Many types of inequalities are found in the society from time

immemorial. But when it was felt that these inequalities were
unjust, then man started struggle against inequality.

Meaning of Equality—Equality means absence of special rights

and equal chances to all men for their development. According
to Barker, “The Principle of equality accordingly means that
whatever, conditions are guaranteed to me in the form of rights,
shall also and in the same measure be guaranteed to others and
that whatever rights are given to others Shall also be given to
me."

Meaning of Justice—Justice is related to the protection of

reasonable interests.

MUTUAL RELATIONSHIP BETWEEN THE TWO

There are many views regarding the mutual relationship between

the two and the brief description is given below:

Equality and Justice are opposite to each Other— Few critics

are of the opinion that justice and equality are opposite to each
other because the social inequalities are natural. Nature has
given less intelligence to one and more to another. Similarly,
some men are physically Strong, others are weak, some are
handsome others ugly. But when we try to establish equality
between unequal persons it goes against the theory of equality.
The supporters of this viewpoint did not accept mutual
relationship between justice and equality.

Close relation between Equality and Justice—Actually Justice

and Equality are mutually related between to each other, they are
not opposed to each other. Men who consider that these are
opposed do not know it’s real meaning.

(i) Both have common History—Justice and Equality have

common history and struggle for one is same for other. Therefore,
these two social values cannot be separated from each other.

ii) Equality is essential for the establishment of society- We

cannot call a society just where discrimination on the basis of
caste, creed, religion etc. is done. Just Society is that society
where there is no discrimination.

(iii) Purpose of both is Common—The purpose of justice and

equality Is the same. The aim of equality is to establish just
society and to provide equal opportunities to every citizen. The
aim of justice is also the same, to establish just society and to
provide equal opportunities of justice to every citizen.

There is a close relationship between justice and equality. We

cannot have one in the absence of the other.

Liberty and Equality are two important pillars of justice. But both
can never be absolute. Certain restrictions can be imposed on
them. But these restrictions should be reasonable.
BIBLIOGRAPHY

1. POLITICAL SCIENCE FOR LAW STUDENTS BY DR.

S.R. MYNENI
2. AN INTRODUCTION TO POLITICAL THEORY BY O.P.
GAUBA
3. POLITICAL THEORY-II BY J.S. BADYAL
4. Legalserviceindia.com
5. Politicalsciencenotes.com