JUSTICE

• The concept of justice occupies a prominent position in

political theory. Different people attached different
meanings to the term justice at different times and places.
• In the modern times, Justice means those social
conditions by which a harmonious and right coordination
is made between individual’s conduct and the welfare of
the society.
• Justice is the fulfillment of broad social welfare means
progress of all the sections of the society.
• Through the instrumentality of law regulated by the state,
the concept of justice became more clear.
• The word “justice” is derived from the Latin word 'jus'
which means a bond or tie.
• As a bonding or joining idea, justice serves to organise
people together into a right or fair order of relationships by
distributing to each person his or her due share of rights
and duties, rewards and punishments.
• The term justice suggests the quality of being just or
reasonable, opposed to what is unjust or wrong or
unreasonable.
• The words just, right and reasonable are primarily moral
attributes and hence justice is primarily a concept of
morality.
• As a moral concept, justice is a dynamic idea. It embodies
an ideal. It symbolizes perfectness.
• It is reflected in absolute truth.
• DEVELOPMENT OF CONCEPT OF JUSTICE
• Plato- Plato's definition of justice is that justice is the having and doing of
what is one's own.
• Advocates of divine command theory have said that justice issues from God.
• In the 1600s, philosophers such as John Locke said that justice derives from
natural law
• In the 1800s, utilitarian philosophers such as Bentham and John Stuart Mill
said that justice is based on the best outcomes for the greatest number of
people.
• Egalitarians have said that justice can only exist within the coordinates of
equality.
• John Rawls- justice, and especially distributive justice, is a form of fairness.
Definitions
• Acc to Blackstone, “Justice is a reservoir from where the concept
of right, duty, and equity evolves.”
• Acc to Salmond, “Justice means to provide everyone his share.”
• Acc to Robert C Tucker “The idea of Justice connotes a rightful
balance in a situation where two or more parties or principles are
in conflict.”
• Acc to Prof Merriam, “Justice consists in a system of
understandings and procedures through which each is accorded
what is agreed upon as fair.”
Characteristics
• 1. Justice is related to mutual relationships of persons living in society.
• 2. Justice is based on values and traditions of society.
• 3. Justice is related to all aspects of human behaviour in society. Laws
are made and courts are set up with this aim in view.
• 4. Aim of Justice is to provide equal rights, opportunities and facilities to
all in a fair way.
• 5. The function of Justice is to harmonise individual interests with the
interests of society.
• 6. It is an ethical concept. If an act is as per ethical values then its just
and vice versa
• 7. Justice is a primary value and it is inseparably related
to other values like Liberty, Equality - multidimensional
concept
• 8. Justice is the principle of balancing or reconciling
human relations in society in such a way as enables each
one to get his due rights,rewards and punishments.
• 9. Based on performance of one's duties. It everyone
performs his/ her duty, there will be a just social order.
Basic postulates/ principles (From book)
• 1. Truth
• 2. According to prevalent values
• 3. Equality before law
• 4. Liberty
• 5. Impartiality
• 6. Respect for individual's ability and capability
• 7. Protective discrimination is not injustice
• 8. Provision of rights
• 9. Fulfilment of basic needs
• 10. Respect for Laws of nature
Dimensions of Justice

• LEGAL DIMENSION
• SOCIAL DIMENSION
• POLITICAL DIMENSION
• ECONOMIC DIMENSION
Legal Dimension of Justice
• The legal dimension of justice has been emphasized by
the writers of the analytical school, John Austin, Hobbes,
etc. They assert that law is the chief instrument of justice
and in its absence there can be no justice.
• Legal dimension of justice is concerned with formal
rules,constitution,parliament and court give shape to legal
dimensions of justice.
• Legal aspect can be divded into three sub headings:
a) Laws should be just: People obey laws which are just
These laws are just which:
- ensure welfare of people
- made by people's representatives and not by arbitrary rulers
- based on values prevailing in society

b) Justice according to laws: done by judiciary and implemented by

bureaucrats.
Conditions necessary:
- Equality before laws
-Independent judiciary
- Protection against arbitrary arrest
- Open trials
- No punishment unless found guilty
• c) Purpose of Punishment: to have justice.
• Theories related to Purpose of punishment:
Reformatory Theory
Retributive theory- to take revenge
Deterrent Theory- To give severe punishment so that crime is not
committed again

Necessary conditions:
- Just laws
- Equality before laws
- Uniform legal system
- Free and independent judiciary
- Inexpensive Justice
Political dimension of Justice
• Political justice prevails in a society where everyone has a share in the
political process.
• It is sometimes used in a comprehensive sense so as to embrace the
restructuring of the entire fabric of social, economic and political
relations.
• It also involves the transformation of political institutions, political
process and political rights based on current conceptions of justice.
This means establishment of democratic institutions in political life of
the people.
• There should be scope for exercising political rights on the principle of
universal adult franchise, rule of law, full guarantee of the liberty of
thought and expression, right to criticize the government, freedom of
forming associations etc.
• Conditions to ensure Political Justice:

i) Universal adult franchise

ii) Right to Contest elections
iii) Right to criticise government
iv) Right to form Political parties
v) Right to protest
vi) Right to petition
vii) Respect of human rights
viii) Protection of interests of minorities
ix) Political authority should be based on the consent of people
x) Democratic government ensures political participation of people
xi) Special provision to protect the interests of backward classes
and castes
xii) regular elections
xiii) Prohibition of discrimination
Social Dimension of Justice
• Social justice demands equality along with liberty.
• There is social justice in a community if there are means
available for equal social opportunities for development of
personality of the people. The issue of social justice is
closely linked with social equality and social rights.
• Social justice implies absence of discrimination on the
basis of caste, colour, religion etc, protection and
improvement of the downtrodden sections of the people,
equitable distribution of necessities of life etc.
• Conditions to ensure Social Justice:
i) Equality before law
ii) Absence of special rights
iii) Prohibition of discrimination
iv) Abolition of superstitions and social evils
v) To end caste system
vi) Economic equality
vii) Democratic government
viii) Economic security- leads to social security
ix) Equal political rights
x) Protective discrimination
Economic Dimension of Justice
• It may be used in the restricted sense of reordering economic
sphere such as relations between employer and workers, trader
and consumer, landlord and tenant etc.
• Economic justice is viewed from two angles by two schools of
thought.
The Liberals refer to the satisfaction of economic needs of the
people.
The Marxist view is that economic justice prevails only after
the abolition of private property.
In fact, no other form of justice is realisable without being assciated
with economic justice.
• Conditions to ensure Economic Justice:

i) Right to work
ii) Fulfilment of basic needs
iii) Reduce economic inequalities
iv) Equal wages for equal work
v) Protection of interest of workers
vi) From each according to his ability, to each according to his
needs
vii) Just distribution of wealth
viii) End of economic exploitation
ix) Protective discrimination
x) Limited right to property
xi) Welfare state
xii) Mixed economy
Relation between Liberty and Justice
• Purpose of both is same: Opportunities for freedom of
man- development of personality
• Liberty is first condition of justice

• Absolute freedom is against Justice

Relation between Equality and Justice
• Justice and equality are opposite to each other- coz of
natural inequalities

• Justice and equality are related to each other- coz

- They have common history of struggle
- Equality essential to establish justice
- Purpose is same- Equal Opportunities to man and just
society