Concept Of Justice

• The concept of justice occupies a very significant place in the realm of

politics,philosophy,law and ethics.
• Justice in all its aspects is related with religion,
morality,equality,liberty,law,politics and economic system.
• Scholars and philosophers have analyzed the concept of justice in different
ways.
• To the Pythagoreans, justice was ‘equality’ that led to harmony.
• The Greek philosopher, Plato wrote an entire treatise ‘Republic’ on the
concept of justice.
• To Plato, justice was established when the three classes in a state i.e., the
ruling, the warrior, and the producing class practiced the virtues assigned
to them.
• The three virtues were-wisdom, courage, and self-control.
• The fourth virtue-justice consisted in the performance of duties by each
class in accordance with their virtues.
• To the Roman lawyers, justice related to rights. Justice was done
when positive law in conformity with the higher law and every man
was given his right.
• During the middle ages, justice was linked with religion and divinity.
It was related to peace, and relationship between man and God.
• In the modern times, justice means ‘just’, ‘right’ or ‘reasonable’.
• It is a concept close to morality and associated with values and
social consciousness.
• Justice is dynamic. It depends on norms and values prevalent in a
social system.
• What was regarded as ‘just’ in the past may be ‘unjust’ in the
present.Ex, Slavery, untouchability, serfdom etc.
• The term Justice is derived from the Latin word ‘Jus’ which
means joining or fitting of a bond.
• According to Barker, justice is itself a value which connects
the three values of liberty, equality and fraternity.
• Justice is concerned with the adjustment of human
relations, through a just combination of values which are
necessary to an organized system of human relations.
• Justice is an ethical concept based on morality
• It is related to values, legitimacy and ideals.
• Justice is not an absolute but a relative concept and it is
dynamic. It changes with social needs and social values.
• The concept of justice differs from society to society.
• Sources of Justice :
• Barker has stated four sources of justice, namely-religion,
nature, economics and ethics
• The Divine and the Eternal Laws were regarded as the
‘reason' and dictates of God. They were the foundation of
law.
• Nature led to origin of justice because ‘nature’ was
identified with God and reason.
• Marxists maintain that the content of justice varies with the
economic system in the state. In a Bourgeoisie state
‘justice’ lies in serving the interests of the ruling class.
When means of production are controlled by the state,
justice implies the wishes of the working class.
1.The Traditional Concept of Justice :
• This laid emphasis on a moral approach to justice. Plato
emphasized on the ‘rule of reason’
• A virtuous man was he who performed his duties in
accordance with the prevalent law, customs and social
values.
2. The modern concept of justice :
• This concept of justice emphasizes on the realization of
human values. The modern concept is more concerned
with social justice. Social justice implies end of the
oppression and exploitation of man.
Dimensions of Justice :
1.Legal Justice
2.Political Justice
3.Social Justice
4.Economic Justice
Legal Justice :
• The main concern of legal justice is the process of law
making and the judicial system of a society. This justice
implies-1. laws should be just and reasonable, 2.Everyone
should get justice according to the laws
• Laws must be ‘rational’ reasonable and equal for all.
• Laws should be equal for equals and unequal for unequals.
• The pre-requisite of rational and just laws are rational and
just law-making institutions
• The Judiciary and vigilant people must be empowered to
check the validity of the laws made by the legislature.
2.Political Justice :
• Political Justice means equal participation of all citizens in
the affairs of the state and government.
• Political Justice is possible only in a democratic state
• The government is accountable and reasonable for all its
actions.
• The Judiciary is honest and independent and it upholds the
sanctity of laws.
• Political Justice demands establishment of ‘Rule of Law’
• Political Justice involves the right to protest and resist the
government.
• Political Justice related with political rights and equality.
Social Justice :
• Social Justice means that equal social opportunities are
available to all the people in the society for the
development of their personality.
• Social Justice implies social equality and social rights.
• Political Justice is necessary for social justice.
• Social Justice is synthesis of the values of liberty,
equality and fraternity.
• Social Justice can achieved only when privileges and
prejudices are absent in a society.
4. Economic Justice :
• According to the liberals, economic justice consists in the
satisfaction of the economic needs of the people in the society.
• Liberalism held that economic justice was achieved when the poor
and weaker sections of the society were provided welfare services
by the state and disparities of income were reduced through
taxation by the state.
• To the Marxists, Economic Justice consist in the abolition of private
property and private ownership of the forces of the production.
• According to Marx, the basis of economic justice lies in the
principle of ‘from each according to his capacity to each according
to his needs’.
Relationship between Justice and Liberty :
• Liberty is the first condition of justice.
• Whenever there has been an attack on the liberties of
the people revolutions and wars have been regarded as
just.
• Liberty has to be qualified by the principle of equality.
The concept of absolute liberty is a contradiction of the
principle of justice.
• Liberty must be based on social justice.
• If liberties of individuals go against the principles of
social justice, they can be restricted.
Justice and Equality :
• Justice demands that all individuals should be treated alike.
• Justice is the abolition of special privileges.
• Justice is absence of discrimination. It implies legal equality
and political equality.
• As far as economic equality is concerned justice lies in
special provision for the poor and underprivileged people
of the society.
• Aristotle propounded the theory of distributive justice i.e.,
when every person gets his due, in proportion to the
contribution he makes to the society, justice is established.