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INTRODUCTION
Justice is a complex concept yet it touches every aspects of human life. The attempt
to answer the question “what is justice?” or the attempt to understand and or define
the meaning of justice is one of the most abstract philosophical speculations. The
notion of justice has always been central to understanding of our legal, moral and
institution”.1 It is a concept that involves fair and moral treatment of all individuals.
giving people what they deserve.2 It is a foundational concept found in any system in
the society but Justice is given different meanings by different thinkers in different
times and their implication varies from man to man and from situation to situation. It
is, therefore, a difficult task to offer a precise definition of the term “Justice”. The
definition and meaning of justice are widely disputed among many thinkers across
time and fields. Any attempt to define has presented challenges to thinkers on
1
(Ramaswamy, 2003)
2
(Adams, 1999)
1
that the topic of justice faces many problems owing to the attempt to define of
The idea of justice is a “dynamic affair”.3 The idea of justice has been both,
approached in abstraction and also in its practical manifestation like in law and
related judicial justice. However, justice is considered one of the most important
concepts in moral and political philosophy. Even though the concept is supposedly
wide and is often associated with various notions like welfare, right, correctness
happiness, freedom, fairness, equality and many more, it is impossible to restrict the
and bad, just and out of line rule with respect to their very own idea. Thus, central to
the idea of justice is the notion of moral and social requirement for what is a right
and rational action. A just action manifest in a just and fair treatment to all members
in a group, society or institution.4 It gives the performers of the action what is due to
them and gives them their basic right, that is, the minimum right to which all are
entitled.5
3
(Johari, 1989)
4
(Rawls, A Theory of Justice , 1999)
5
This view belongs to the Liberal – Natural Right theories according to which justice is measured
according to the extent, the minorities and most vulnerable are protected. It uses a notion of natural
rights, the minimum rights to which all are entitled.
2
"Just" individual as one who commonly "does what is ethically right, and is arranged
However, justice and fairness refer to different concepts.7 Justice and fairness mean
different things in reality and disagrees with John Rawls and others, who adopt
giving to people their due, whilst fairness is about people’s position in society being
determined by factors within their control”.9 In addition, David Schmidtz says that
justice is basically treating like cases alike. However, he continues to argue that
when we treat like cases alike it is not representative of the whole notion of justice.
David Schmidtz writes, “While treating like cases alike does not rule out even-
handedly punishing the innocent, giving people their due does. When we ask–what
justice is, we make a decent start when we say, whatever else we may debate, justice
is about what people are due”.10 Justice which have been in a debatable terms from
centuries and each times the definition go under a refine concept according to the
understanding of the philosophers the concept of justice in the new century but still
Again, Justice is also often percieved as a quality that any rulers of any good state
6
(Simpson & Weiner, 1884-1928)
7
(Serasinghe, 2013)
8
Ibid
9
Ibid
10
(Schmidtz, 2006)
11
Ambrogio Lorenzetti, (born c. 1285, Siena, Republic of Siena [Italy]—died c. 1348), Italian artist
who ranks in importance with the greatest of the Italian Sienese painters, Duccio and Simone
Martini.
3
his painting “Allegory of Good and Bad Government” which is fundamental to the
institution that turns a mass of individuals into a political community in the first
place.12 Justice then becomes a quality that holds individuals together into citizens
with one another to form one community, and then all of them together to a
had asked, “justice removed, then, what are kingdoms but great bands of robbers?”14
; saying that justice is of basic importance to good governance is one thing; saying
what justice really means is quite another. Justice is in this sense “the ligament”
“True peace is not merely the absence of tension but it is the presence of justice.”16
Justice, thus, in this sense is about the state giving to people their due. The conceptul
of justice is, it has always been a daunting task to pin down that justice as a concept
often associated with the idea of punishment, where wrongdoers are punished for
their actions. Taking this understanding into consideration, Justice, then has
12
(Johnson, 2015)
13
(Miller, 2003)
14
The quote is taken from Online Library of Liberty, a collection of scholarly works about individual
liberty and free market where Augustine states that Kingdoms without justice are mere robbers, and
robberies are like small kingdom and this band of robbers are made up of a group of authoritative
men (prince or rulers or nobles) and the booty is divided among themselves by a law they all agreed
upon on.
15
David Webster in (Kirk, 1993)
16
(Martin Luther King, 2018)
4
“justice is the will to render to each his due”.17 At the same time, if we consider the
etymology of the word justice, it is said to come from the Latin word, “just” which
means right or law. These understanding taken by themselves suggests that justice is
a matter of each individual person being treated in the right way, giving their due
accordingly and in a fair manner with a consideration that all are equal and be treated
Justice is also one of those things that people talk about all the time without really
being specific about what they mean. We often hear, see and read in news where
punishment for a crime heinously carried out by criminals for disturbing the peace of
not only individuals but of the society as a whole. Activists talk about economic
justice, police and lawyers talks about criminal justice and the society as a whole talk
People in the society, basically, talks about justice as what is fair with the notion that
they do understand the meaning of justice or either probably do not or at the least,
they think they do and do not agree with one another. In this sense, Justice is
circumstances and which varies with the cultural level of the society. What was
17
(Miller, 2003, p. 76) argues that the “constant and perpetual will” part of the definition reminds us
that a central aspect of justice is that people must be treated in a non-arbitrary way and that there
must be consistency in how people are treated over time. Also that there must be consistency
between people, so that if my friend and I have the same qualities, or have behaved in the same
way, we should receive the same benefits, or the same punishment, depending on the
circumstances or situations we are in.
5
deemed to be just in the past is no longer considered so, for example, slavery, sati
etc. Thus, justice is a changing concept changing with time and society. “Justice is
concerned equally with the rights of an individual and with the order of society as a
whole.”18 So, one may not be wrong in identifying justice first as a social value,
can only be understood in terms of, or by reference to other social values like liberty,
However, justice is more than a matter of individual feeling, it is also related to time
and circumstances and varies with the cultural level of society.20 What was deemed
to be just in the old past, is no longer considered to be so? For example, in ancient
Rome slavery was perfectly just and acceptable but it is not anymore in modern
times as it violates basic human rights and Child marriage was the norm in India till
ban was imposed by the Sarda Act passed in 1929.21 What was considered to be
perfectly normal in the past now has become immoral, and vice versa. What was
legal has now become illegal and what was once illegal has now become legal.
Justice is thus, in this sense, a changing concept which changes with time and
circumstances and with changes in the two, it also brings about changes in people
where their values also change accordingly. Justice reflects the practice and norms of
society and in this sense, justice become a criterion for judging in a society.
18
(Jain, 2005)
19
(Jain, 2005, p. 15)
20
Ibid.
21
Ibid
6
The basic concept of justice is basically a demand for social justice.22 In simple
terms, social justice is a concept of fair and just relations between individuals and
society where wealth, opportunities and social privileges are distributed among the
citizens in a fair and just manner. It is a general understanding that social justice
demands eradication of social evils where most of them find its place in economic
resources in few hands, and crosses the domain of politics where contracts and
tenders are given on account of kinship or other forms of favours, thereby, bringing
into its circle the notion of both political and economic injustice which consequently
enters into social injustice. These three in particular, social, political and economic
justice are the different kinds of justice that are taken into consideration while trying
and the other reformative.23 According to him, the conservative form of justice
stems out of the need for a social order and aims at establishing or preserving
stability in a society through a governing body. While his reformative justice works
redistribution of rights so that the social order may be more fair in the whole system
of an existing society. He further divided his reformative justice into two. The first
looks into merits and dessert which is based on a principle that “people should be
22
(Johari, 1989)
23
(Beyene, 2004)
7
given what theyu deserve”.24 A fair example of such can be seen in criminal justice.
The second, takes a form of distributive justice which is based on a principle that “all
human beings have equal worth and equal claims”. He talks about just treatment of
people and is focussed upon equality, where he said “it is unjust to foster inequaity”.
Justice calls for equality and discrimanitaion of any sorts, favouring some and
against some is contrary to the nature of justice. So in this sense, Justice is giving
what people are due but at the same time has an element of distribution of social
responsibility and resources on the basis of equal treatmemnt . For Raphael, justice
should aim at reducing inequality and uphold justice through equal treatment of all
In a nut shell, Justice can be understood in two ways: first as a concpet of reward and
or punishment and secondly one in terms of the distribution of basic scial goods.
Under the former sense of the term, we have corrective justice and retributive justice
and are conccerned with judicisla application and are contained in the verdict of
judicial bodies that are delivered after hearing the statement of parties in dispute. It
stems out of the decision of the court in which wise decision between just and unjust
situations and interpretations of the law of the land, award of punishment to the
wrongdoers and the like are made.25 However it is important here to mention that
retributive and corrective justice is of different nature. Retributive justice holds that
the only way for justice to be satisfied is for a wrong doer to suffer in proprotion to
the way he or she has made others suffer. This is similar to the good old fashioned
24
(Raphael, 2001)
25
Johari (2012) is of the opinion that in certain cases the courts may significantly reduce the scope of
injustice by following the law of the land which constitutes the case of corrective justice.
8
biblical “An eye for an eye and a tooth for a tooth” principle. Retribution is still one
of the driving philosophical forces behind capital punishment. The idea behind this is
that there is simply no way to right the wrong of taking life of another individual
But Utilitarian have other theories of punishment where rather than making the
worng doer suffer for suffering sake, these thinkers vouch for what is known as
good to be found in vindictively causing pain to worng doers, however, some form
in the form of rehabilitation which aims at helping the wrongdoers learn how to get
along with others in society and follow the rules. The focus is often on the education
that worng doers are in need of our help and that they do not know any better and
also often associate them to be cured of some social disease. Nevertheless, both aim
at accounting jsutice to the party concerned. Another form of justice is the deterrant
form of justice where punishsment are accorded to the wrong doer with the objective
to set an example to deter other people form doing the same mistake that the worong
doer has committed. In this form of justice, punishment is seen as being for the good
9
account of imparting knowledge about the crime or faults committed by the wrong
doer .
basic social goods. It is concerned with the fair, just or equiatble distribution of
benefits and burdens and social goods. In other words, it deals with the distribution
dimensins of social life and assume all forms including income, wealth, political
justice and enjoys a long and honoured tradition in political, economic and social
Accoridng to David Miller in his work “Social Justice” (1976), the issue of social
riches, notoriety and different advantages among the individuals from society". 27 He
recognises three standards which according to him are essential and basic to consider
26
(Gauba, 2006)
27
Ibid.p.174
10
First, insurance and protection of recognised rights, second, dissemination as per
the state adheres to it as it implies denial of justice to the less priviledged or the
udnderpriviledge section of the society. For example, the caste system of the Hindu
advocates the principle of “protection of acknoeldged rights” where the lower caste
existence is found meaningful in the service of the higher caste in the caste system.
individual. Even though, it did away with privileged based on birth, it yielded huge
of private property to duplicate their wealth and draw more benifts, thereby creating
a gap between the rich and the poor. Herbert Specner, the chief exponent of this
principle, sought to apply the law of “survival of the fittest” to social life and went
to the extent of suggesting to stop any assistance to the incapable, the imprudent and
the weak.29
The third principle of distribution based on need is the only one that seem to serve
people what they need and not what they want. However, even this principle is not
without flaw. According to Gauba this principle is quite admirable however even this
28
Ibid.P.175
29
Ibid.
11
one is not without flaws as it promotes social solidarity. According to him
is a plenitude of products and service.30 The question is, however, what will happen
when there is scarcity of goods and service? For Gauba, the soultion to the problem
and need. He further said that people should learn to minimise their need and in
respond to that the state should ensure to provide their basic needs and education
only.
do not believe the primary distributive concern should be material goods and
services. They argue that material goods and services have no intrinsic value but are
valuable only in so far as they increase welfare. Hence, they argue, distributive
principles should be designed and assessed according to how they affect welfare,
maximization or equality of welfare or of material goods. They argue that the pursuit
of such patterns conflicts with the more important moral demands of liberty or self-
ownership.
In modern political philosophy, it has been construed in broad terms and seen as a
foundational principle for policy formation and analysis. In John Rawls” words,
30
Ibid.
12
“Justice is the first virtue of social institutions”.31 Thus, it is widely regarded as an
While others consider Justice to the rule of law as distinguished from the rule of
man, Barker in Political Theory by N. Jayapalan defines justice as the reconciler and
liberty have to be adjusted with those of equality; and the claims of both have also to
be adjusted to those of cooperation. From this point of view the function of justice
may be said to be that of adjusting, joining or fitting the different political values; it
important concept and influential force both in philosophy and social sciences.
value, these are subjected to change from one society to another, from one
well as religion, which contrasts starting with one culture then onto the next.
Each culture’s ethics create values that influence the notion of justice, which
changes from history to present, from one culture to another and so on. For
31
(Rawls, A Theory of Justice, 1999)
32
Barker, 1951. p102 “Political Theory”
13
one culture, child marriage in itself may not be wrong, however, in another it
b) Justice is a social concept, where justice takes the form of fair and just
and social privileges are distributed among the citizens in a fair and just
(societal roles) and receives what is due to them form their society. Social
It is given in regard for and respecting social and cultural diversity, regarding
the dignity of all people, valuing fundamental human rights and looking for
to a set of institutions which will enable people to lead a fulfilling life and be
c) Justice as a judicial concept is related to laws and rules, where it exists in the
forms of award and punishments, giving people their due according to their
sense of rule of law and not of any person. It necessarily and essentially
includes two important things – that all men are equal before law and that law
33
http://shodhganga.inflibnet.ac.in/bitstream/10603/194689/9/09_chapter_2.pdf.
14
is equally applicable to all and should not discriminate on the basis of sex,
law taking into account the inalienable and inborn rights of all human beings
and citizens, the right of all people and individuals to equal protection before
the law of their civil rights, without discrimination on the basis of their caste,
means giving equal political rights and opportunities to all citizens to take
part in the administration of the country or state. While making laws, the will
of the rulers are not to be imposed upon the ruled. Laws should be based on
social values, morality, conventions, the idea of just and unjust of a society
and its people, in general, must be always kept in view while politically
The idea or notion of economic justice converges with the possibility of, in
34
Nozick, Robert (1974)
15
always a part of the entire social system. Economic justice is set of moral
From the above-mentioned points, it is clear that justice is an elusive term which has
which will cover all of its aspects. However, D.D. Raphael in Jain (2005) holds that
justice is concerned equally with the rights of an individual and with the order of
society as a whole. So, one may not be wrong in identifying justice first as a social
that according to Jain (2005) the concept of justice cannot be understood by-itself or
in-itself. It can only be understood in terms of, or by reference to other social values
like liberty, equality, or rights, or a mixture and combination of two or all of these
terms.36 Barker in Jain (2005) defines justice as a reconciler and synthesis of political
values, one may not be wrong in regarding justice as a synthesis of different values
liberty have to be adjusted with those of equality; ad claims of both have also to be
adjusted to those of cooperation. From this point of view, the function of justice may
35
https://www.investopedia.com/terms/e/economic-justice.asp
36
(Jain, 2005, pp. 15-17)
16
be said to be that of adjusting, joining or fitting the different political values; it is
Among the Greeks, justice was a moral idea, an ethical concept where justice was
individuals. In other words, every citizen or individual was to fulfil their function of
assigned to them accordingly to the class designated or born into the then structure of
society. Plato in particular, identifies justice with the performance of duties befitting
one’s class. Plato believed that “Principle of division of labour, that each man and
more specifically each class, should do that work for which he is fitted and no
other……..(is)……justice”.38
Plato declares in the Republic “we must infer that things are produced more
plentifully and easily and of better quality when one man does one thing which is
natural to him and leaves other things”.39 This is what is meant by Plato by “giving
every man his due” which ensures “a harmonious union of individuals, each of
whom has found life work in accordance with his natural fitness and training”. 40 So
we may not be wrong in assuming that Plato’s justice is given in performing one’s
duty according to one’s natural fitness and training with respect to the station to
37
Barker in (Jain, 2005, p. 18)
38
Lindsay in the Introduction, The Republic of Plato, p.XXXV, p18
39
As Quoted in Sabine in “A history of Political theory” by George G Harrap, 1959, P56..
40
Sabine, A History of Political Theory, p60
17
which he or she belongs to in the structure of the society41 and with everyone
performing their own assigned duty without meddling with the affairs of others, only
then can there exists social harmony. Thus, for Plato, justice is “befitting virtue of
harmonious relationship with one another other. It permeates and integrates the other
individual virtues with social aspects and keeps them within proper bounds. As such,
While Plato justice seems to aim at a more radical view to seeking to change the
social order of his times, Aristotle used it in a different sense. For Aristotle justice is
given in being virtuous but virtue differs from justice because it deals with one's
moral state, while justice deals with one's relations with others. Therefore, Aristotle
talks of justice that would sustain and promote human relationship44 among them
and with the state. He argues that justice is kind of a character reflected in just acts
and injustice is the opposite of just acts reflected in unjust acts or deeds. So, he asked
41
Plato's idea of justice depends on the submergence of the person in the general public, a general
public depicted in his optimal state (tripartite) where justice was the ideal of perfection in human
relationship. This relationship was founded on the idea of different duties for different group of
people in a society whose fulfilment would be instrumental in building up a just social order and that
justice result from each element in society doing its appropriate tasks.
42
Plato in his “The Republic” enumerated four cardinal virtues where the first three, Wisdom,
Courage and Temperance were the befitting virtue for each social classes and where justice is really
the condition for the existence of other virtues. In other words, justice exists when all its citizen
occupy their respective position and perform their duties and task, not meddling with the affairs of
others.
43
Bhandari for J.N.V. University. From an archived article (2012).
44
(Gauba, 2016)
18
action would champion justice.45 In answer to this question, he propounds two
categories of just acts, ‘lawful’ and ‘fair’.46 In other words, he propounded two forms
of justice, general justice also described as universal justice and particular justice. A
general concept of justice is the lawful and consists in being obedience to law and
that one should be virtuous in doing so. The particular concept of justice of Aristotle
refers to what is ‘fair and equal’.47 He further divides particular concept into
linked his notion of distributive justice with the idea of proportionate equality49,
the merit of its recipients. In other words, it means, justice is treating equals equally
and unequal unequally and in proportion to their relevant differences. On the other
again deals with two types- voluntary transaction (civil law) and dealing with an
The primary concept in the general argument of Aristotle is the concept of justice as
healthy practices in the form of good habits. It is not a system or principle that is
45
(Ostwald, 1962)
46
(Bhandari, 2014, p. 12)
47
(Ramaswamy, 2003, p. 287)
48
Ramaswamy used the word Rectificatory and commutative instead of remedial or corrective
49
(Leyden, 1985, pp. 6-7) (The idea of proportionate equality is the principle of fair and reasonable
inequality of treatment)
50
Just reward theory states that each individual or person must be awarded responsibilities as well
as financial depending on their just contribution.
19
abstract. In its specific demonstration, it is concerned with good judgment and a
sense of fairness.
Plato and Aristotle concept of justice consists of a political state where there exists a
ruler and the ruled, however, both differ in a sense where Plato attaches more
and distributive justice with an element of fairness and equality. One may not be
wrong in saying that Aristotle justice is based on a principle where everyone should
have his own while Platonic justice is based on a principle where everyone should do
his own without interference in other duties. The aim of both is to find out a
principle of capacity through which unity, harmony, virtue, and happiness can be
established in a society. It seems, the purpose of both is to give every citizen his due
in accordance with his capacity or nature. Thus, justice in the case of both can be
is ultimately functional and teleological and is not merely a legal but also a moral
principle.
Aristotle is also known as father of modern political philosophy where many early
Egalitarianism and Social Contract will considered in particular in the next chapter.
20