CENTRAL UNIVERSITY OF

SOUTH
BIHAR , GAYA
SCHOOL OF LAW AND
GOVERNANCE

PROJECT ASSIGNMENT FOR THE SESSION OF

2023-2024

SUBJECT-LAW AND JUSTICE IN A GLOBALIZING WORLD

SUBJECT CODE- MLLAW10043CO3
TOPIC – Rethinking the Idea of Justice: A New World Order

SUBMITTED TO:
Dr. P. K DAS SIR
Department of Law

SUBMITTED BY :
SUDHANSHU SRIVASTAVA
LLM (1st sem.)
CUSB2313131029
 ABSTRACT:

This project aims to critically analyze and propose a redefined concept of justice
within the context of contemporary legal frameworks and globalization. The
focus will be on exploring the evolving nature of justice in a world where
boundaries are increasingly blurred, and global interdependence is on the rise.

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 Research Methodology

The current study entitled on ‘Rethinking the idea of justice’ is a descriptive

study based on secondary sources of information which have collected through
previously published research papers &
thesis, official websites and other related websites, reports and books. This
project is based upon doctrinal method of research. This project has been done
after a thorough research
based upon intrinsic and extrinsic aspects of the project.
Sources of Data:

The following secondary sources of data have been used in the project-
1. Books
2. Websites
Method of Writing:

The method of writing followed in the course of this research project is

primarily analytical
and based on secondary source of data.

Objective:

The aim of this project is to critically examine the evolving concepts of justice
within the context of globalization, exploring the need for a new world order
that aligns with contemporary challenges and diverse perspectives.

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 Index

Project Question 4

INTRODUCTION 5

LITERATURE REVIEW 7

GLOBALIZATION AND JUSTICE: 8

ANALYSIS

TOWARDS NEW WORLD ORDER 9

IMPACT OF GLOBALIZATION ON 10-11

JUSTICE

CONCLUSION 12

REFERENCES 13

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Research Questions:

1.)What is concept of idea of justice?

2.)How has globalization influenced the traditional notions of justice?

3.)What are the key challenges in achieving global justice in the modern
era?

4.)Can a new world order address the existing gaps and shortcomings in
the current justice system?

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 1.)INTRODUCTION :
Justice is an ideal representing something that is Just and Right. It basically
means being just fair and Right . That depends on the context of Just And fair.
Requirement is essential to the idea of justice. Justice is a concept of moral
rectitude based on ethics, rational thought, law, natural law, religious doctrine,
equity and fairness, and the government of the law, taking into account all
human beings and citizens' inalienable and inborn rights, as well as the right of
all individuals to equal protection well before.
While law and justice are associated concepts, they possess divergent
definitions that often do not have common characteristics. For example, justice
is not one and the same as "good." It is a concept that focuses on fairness and
rights, not charity or needs.
Example1:
Natural Law School of jurisprudence believes that justice means the
implementation of religious Law on the other hand, modern jurisprudence says
justice means the implementation of Concept like equality and Liberty.However
in both these examples Justice means enforcement of what the Law perceives
to be right.
In the modern Contest, justice basically means recognition and implementation
of Law made by Legislatures. Furthermore, in the modern Context this function
lies largely on judicial organs.
Therefore justice generally means the recognition Application and enforcement
of laws by courts. This is different from the Ancient period when It was given a
religious and Moralistic meaning.
In the contemporary landscape, the accelerating forces of globalization have
transcended traditional boundaries, reshaping the dynamics of societies,
economies, and legal systems. The interconnectivity fostered by globalization

1 The examples provided, such as the contrast between the Natural Law School and modern
jurisprudence.

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has not only facilitated the flow of goods and information but has also
underscored the need for a comprehensive reevaluation of the concept of justice.
This rethinking is imperative due to several key factors:

Diversity of Legal Systems:

Globalization has intensified interactions among diverse legal systems, raising
questions about the universality of justice. The coexistence of varying legal
norms and cultural perspectives necessitates a critical examination of how
justice can be redefined to accommodate this diversity without compromising
fundamental principles.
Transnational Challenges:
The rise of transnational issues such as climate change, cybercrime, and global
health crises has outpaced the capacity of traditional legal frameworks.
Rethinking justice becomes essential to address these challenges effectively and
to establish mechanisms that transcend national borders.
Inequalities and Global Injustice:
While globalization has brought economic growth, it has also exacerbated social
and economic inequalities on a global scale. The current systems of justice may
not adequately address these disparities, demanding a reconsideration of justice
mechanisms to ensure fairness and equity in a globalized world.
Technological Advancements:
The rapid evolution of technology has introduced new dimensions to legal and
ethical considerations. Issues such as data privacy, artificial intelligence, and
digital rights challenge existing legal paradigms, urging a reevaluation of justice
to align with the complexities of the digital age.
Human Rights in a Global Context:
The interconnected nature of the world requires a renewed emphasis on human
rights within a global context. Rethinking justice involves evaluating how legal

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systems can effectively safeguard and promote human rights across borders,
considering the impact of globalization on individual freedoms.

2.)Literature Review

Historical perspectives on justice and its evolution.

The concept of justice has evolved throughout history, shaped by cultural,
social, and philosophical influences. In ancient civilizations, justice often relied
on retribution and codes of law, such as the Code of Hammurabi2. Greek
philosophers like Plato and Aristotle contemplated the nature of justice,
emphasizing virtues and the common good.The history of justice has its origin
in the Greek language. The Greek word dike communicates the idea of
remaining in your allotted place or role. Plato described justice as upholding
society's order as each individual carries out his or her expected role.
During the Roman Empire, legal systems and the idea of "jus civile"3 advanced.
In medieval Europe, justice intertwined with religious beliefs, exemplified by
the canon law. The Renaissance and Enlightenment periods witnessed a shift
toward more secular and rational approaches to justice.
The concept of social justice first arose in the 19 th century during the Industrial
Revolution as attempts were made to promote more egalitarian societies and
reduce the exploitation of certain marginalized groups due to the vast disparity
between the rich and poor at the time.
In the 17th century, philosophers such as John Locke said justice derives from
natural law. Social contract theory, advocated by thinkers such as “Jean-Jacques
Rousseau, said that justice derives from the mutual agreement of members of
society to be governed in a political order”.

2 The Code of Hammurabi is one of the earliest and most complete written legal codes, dating back to
ancient Mesopotamia.
3 The term "jus civile" refers to the civil law system developed during the Roman Empire,
emphasizing the rights of citizens.

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The 19th and 20th centuries saw significant legal reforms, influenced by
movements like liberalism and human rights. Today, justice is multifaceted,
encompassing legal, social, and distributive aspects, with ongoing debates on
equity, access, and the role of the state in ensuring a just society.
Modern frameworks include concepts such as distributive justice,
egalitarianism, retributive justice, and restorative justice. Distributive justice
considers what is fair based on what goods are to be distributed, between whom
they are to be distributed, and what is the proper distribution. Egalitarians
suggest justice can only exist within the coordinates of equality. Theories of
retributive justice say justice is served by punishing wrongdoers, whereas
restorative justice (also sometimes called "reparative justice") is an approach to
justice that focuses on the needs of victims and offenders.

3.)Globalization and Justice: An Analysis

The term 'globalization of law' refers to the degree to which the whole world
lives under a single. set of legal rules. Such a single set of rules might be
imposed by an international body, adopted. by global consensus, or arrived at
by parallel development in all parts of the globe. 4
The challenges posed by globalization to traditional justice frameworks.
Globalization has posed challenges to traditional justice frameworks, raising
questions about their adaptability to a rapidly changing world. The increasing
interconnectedness of economies and societies has created complexities in legal
systems. Issues such as transnational crime, cross-border disputes, and
disparities in global economic structures demand a reevaluation of existing legal
paradigms.
Areas requiring reform include international law mechanisms to address global
challenges effectively. The need for harmonization of legal standards, especially
in areas like environmental protection and human rights, becomes apparent.

4 https://www.scribd.com/

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Additionally, the impact of technological advancements on issues like
cybercrime and data privacy calls for updated legal frameworks.
Adaptation in the context of globalization also involves addressing socio-
economic inequalities. The intersection of trade policies with social justice
considerations requires a nuanced approach. Reassessing the role of
international organizations in promoting equitable global governance is
essential.
The traditional notion of justice. Rooted in fairness equality and due process.
Con provide foundational Principles for shaping a just New word order
Incorporating these values ensure a framework that respects human right,
promote social equity and fosters international cooperation laying the
groundwork for a more global society.
In summary, a comprehensive analysis should explore the challenges
globalization presents to justice systems, identify areas needing reform, and
propose adaptations to ensure legal frameworks align with the evolving nature
of global interactions.

4.)Towards a New World Order

Exploration of potential frameworks for a new global justice system.The

feasibility and implications of a redefined world order.
The pursuit of a new global justice system requires considering various
frameworks that balance national sovereignty and international cooperation.
One approach could involve strengthening existing international institutions like
the United Nations, empowering them with enhanced enforcement mechanisms
and broader jurisdiction.
Feasibility hinges on diplomatic collaboration and a shared commitment to
justice. Challenges include overcoming geopolitical tensions, ensuring

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representation for diverse nations, and addressing concerns about potential
abuse of power in a redefined global order.
Implications of such a shift involve reshaping diplomatic relations, redefining
the role of nation-states, and establishing mechanisms for resolving disputes on
a global scale. Striking a balance between centralized authority and respect for
cultural diversity is crucial to the success of any new world order.
In summary, exploring frameworks for a new global justice system requires
careful consideration of diplomatic, political, and cultural factors. The
feasibility and implications of redefining the world order demand a nuanced
approach that fosters cooperation while respecting the autonomy of nations.

5.)Impact of globalization on justice

The impact of globalization on justice is analyzed in various areas, including

transnational crime, cross-border disputes, economic disparities, environmental
protection, technological advancements, and community involvement.The
impact of globalization on justice is evident in areas, such as:
Transnational Crime:
Globalization has facilitated the rise of transnational crimes, including
cybercrime, human trafficking, and terrorism. Addressing these challenges
requires international cooperation and updated legal mechanisms to effectively
combat criminal activities that transcend borders.
Cross-Border Disputes:
Increased global interconnectivity has led to a surge in cross-border disputes,
both in trade and legal matters. Existing justice systems need to adapt to handle
these cases efficiently, emphasizing collaboration between nations and
international institutions.

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Economic Disparities:
Global economic structures contribute to disparities, requiring a reevaluation of
justice in terms of fair trade policies and addressing socio-economic
inequalities. Balancing economic growth with social justice considerations
becomes crucial in a globalized world.
Environmental Protection:
The environmental impact of globalization necessitates robust legal
frameworks. Addressing issues like pollution, deforestation, and climate change
requires international cooperation and harmonization of legal standards to
ensure environmental justice on a global scale.
Technology and Data Privacy:
Technological advancements, while bringing benefits, also pose challenges to
justice. Cybercrime and concerns about data privacy require updated legal
frameworks that can adapt to the evolving landscape of technology,
safeguarding individuals in a globally connected digital environment.
Community Involvements:
Involving communities in decision making process to enhance the legitimacy of
justice system.Focusing on Rehabilitation and Reconciliation rather than
Punishment. And addresing systemic inequalities and advocating for
opportunity and outcomes.
In summary, the impact of globalization on justice is multifaceted, spanning
transnational crime, cross-border disputes, economic disparities, environmental
protection, and technological advancements. Adapting legal systems to
effectively address these issues is crucial for ensuring justice in the complexities
of the digital age and interconnected world.

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 6.)Conclusion
In conclusion, the evolving landscape of justice, influenced by historical
perspectives, globalization, and technological advancements, demands a
comprehensive reevaluation. The interconnectedness of the world presents
challenges to traditional legal paradigms, requiring adaptation to address
transnational issues.
The historical evolution of justice reflects shifts from retribution to a
multifaceted concept encompassing legal, social, and distributive aspects.
Globalization introduces complexities, urging reforms in international law,
harmonization of standards, and a nuanced approach to socio-economic
inequalities.
Exploring frameworks for a new global justice system involves balancing
national sovereignty with international cooperation. Strengthening existing
institutions like the United Nations is considered, yet challenges such as
geopolitical tensions and concerns about abuse of power must be navigated.
The impact of globalization on justice manifests in transnational crime, cross-
border disputes, economic disparities, environmental challenges, and
technological advancements. Adapting legal systems to address these issues is
imperative for a just and equitable global society.
Prioritize education on Legal Right and Responsibilities, Fostering a society
that is well informed about the justice Principles.

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 REFERENCES

1.)Aristotle. "Nicomachean Ethics." Translated by W. D. Ross. Project

Gutenberg, 2019.

2.)Plato. "The Republic." Translated by Benjamin Jowett. Project Gutenberg,

2019.

3.)Legal Information Institute. "International Law." Cornell Law School,

https://www.law.cornell.edu/wex/international_law.

4.)United Nations. "Charter of the United Nations."

https://www.un.org/en/about-us/un-charter.

5.)Posner, Richard A. "Globalization and Its Discontents." The University of

Chicago Law Review, 2000, Vol. 67, No. 2.

6.)Sen, Amartya. "The Idea of Justice." Harvard University Press, 2009.

7.)Klabbers, Jan. "An Introduction to International Institutional Law."

Cambridge University Press, 2009.

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