Justice
By
Mr. Mahesh Jaiwantrao Patil
M.A. (Political Science), M.Phil, NET, SET, & Ph.D
(Pursuing)
Assistant Professor,
Narayanrao Chavan Law College, Nanded,
Maharashtra, India
Cell No. (+91) 09860816313
Introduction
 The term ' justice' is derived from the Latin word " justicia"
which means joining or fitting , or of bound or tie.
 The concept of justice has been analyzed and defined
differently by philosophers, political thinkers , economists ,
sociologists and religious leaders. It has been changing
from time to time, depending upon the conditions and
circumstances prevailing in each age.
 It has to coordinate and draw a harmonious balance
between rights and duties of the people living in the society.
 It is connected with the moral, social, economic, political,
and legal relations of an individual with others.
 Justice is a concept of moral rightness based on ethics,
rationality, law, religion, equity and fairness.
 John Rawls claims that “ Justice is the first virtue of social
institutions as truth is of systems of thought”.
Definition
 Charls Marriam :- “justice consists of a system of
understanding and procedures through which each in
accorded what is agreed upon as fair”.
 Barker:-“Justice is the reconciler and the synthesis of
political values; it is their union in an adjusted and integrated
whole”.
 Saint Simon;- “ from each according to his capacity , to each
according to his need”.
Meaning
 It is difficult to give a precise meaning of the term ‘Justice’. Political
thinkers and jurists had given different meanings and definitions. The
reason for this is that the contents and implications of justice differ
from country to country and also form time to time.
 What was justice in the past is not justice in the present day. Therefore
it is difficult to define justice.
 In the ordinary sense, justice means to give an aggrieved party what is
due to it and punish an individual or a group of individuals or an
agency whenever offence is committed.
 In the narrow sense, meaning of justice is associated with a legal
system and legal process in a society. In this sense, it is related to the
settlement of disputes through judicial bodies.
 A man living in society is attached to another man in one way
or the other. This relationship has few rights and duties
attached to it. 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.
 Justice is peace, and genuine respect for people, fairness,
justness, fair play, fair-mindedness, equity, equitableness,
impartiality, lack of bias, objectivity, neutrality, lack of
prejudice, open-mindedness, non-partisanship.
 Justice is the legal or philosophical theory by which fairness is
administered. The concept of justice differs in every culture.
Characteristics of Justice
 Human welfare
 Ethical concept
 Changeability
 Fulfillment of reasonable interest
 Performance of duties
 To provide everybody his reasonable share
 Justice is related to values prevailing in society
Basic postulates of Justice
 Truth.
 Uniform values.
 Equality before law.
 Liberty.
 Impartiality.
 Respect of individual’s ability and capability.
 Protective discrimination is not injustice.
 Provision of rights.
 Fulfillment of basic needs.
Kinds of Justice or Dimensions of
Justice
 Legal dimension of justice :-: This is the narrow concept of justice and is associated with
the legal system and the legal procedure existing in the society.
 The court of law interpret the law and apply the law after hearing the parties involved in a
dispute. Here , justice is what is administrated by the court of law and the interpretation of the
Judge is considered as an embodiment of justice.
 Justice in the legal sense requires the following conditions:-
A. Just and reasonable non- discriminatory laws.
B. The administration of justice by free and independent courts.
C. Inexpensive judicial process.
D. Court procedure should be simplified and avoid delay in justice.
E. There should be a Rule of Law in the country.
 Justice and laws have close affinity with each other. State
makes laws and implements them in order to establish
justice in the society.
 Following conditions are necessary to ensure legal
justice:-
 Just laws
 Equality before law
 Uniform legal system
 Impartial and independent judiciary
 Inexpensive and efficient justice
 Democratic organization of legislative bodies
Political dimensions of justice
 Nobody should be denied of political rights and to provide equal political rights is political
justice.
Following conditions are necessary to ensure political justice:-
 Universal adult franchise.
 Right to contest elections.
 Right to criticize the government.
 Right to form political parties.
 Right to protest.
 Right to petition.
 Respect of human right.
 Protection of the interests of minorities.
 Political authority should be based on the consent of the people.
 Democratic system.
 Special provisions for the protection of the interests of Backward classes and backward tribes.
 Political Justice stands for a free and fair participation of people
in the political sphere.
 Universal adult franchise is the expression of Political Justice.
 All liberal democratic countries are based the principle of "one
man , one vote , one value" is faithfully adopted. Political
institutions should be representative in character.
 Equality of opportunity in getting elected and in holding public
offices , freedom of expression and association and rights to seek
redressal of public grievances are the important pillars of political
justice.
Social Dimensions of Justice
 Social justice means to give proper opportunities to every citizens, in every sphere of life, to develop
his personality and to end all types of social inequalities.
Following conditions are necessary to ensure Social justice:-
 Equality before law.
 Absence of special rights.
 Prohibitions of discrimination.
 To end caste system.
 Just distribution of wealth.
 Democratic government.
 Just balance between freedom and social control.
 Social security.
 Provision of equal political rights.
 Protection of interest of minorities.
 Abolition of social values.
 The concept of Social Justice is based on the belief
that all human being are equal and that no
discrimination should be made on the ground of race,
religion, caste, sex, or place of birth.
 It has three implications.:
 (a)Equal social opportunities.
 (b)Special attention to weaker sections.
 (c) Removal of social evils
Economic Dimensions of Justice
 Economic justice mean to provide equal opportunities to everybody to earn
his livelihood. It also mean to help such people who are not able to work
and earn their livelihood.
 The basic needs of every body such as food, cloth and shelter, should be
fulfilled and the unequal distribution of wealth needed to be stopped.
 Economic justice implies non-discrimination between man and man on the
basis of economic viability.
 It stands for by assuring adequate means of livelihood to all, by making
provisions for adequate working conditions, for equal pay for equal work,
fair distribution of resources, equal economic opportunities to all people etc.
 The concept of economic justice was emphasized by the socialistic thinkers.
Following conditions are necessary to ensure economic justice:-
 Right to work for everybody.
 Fulfillment of basic needs.
 To reduce wide economic disparities.
 Protection of the interest of workers
 From each according to his ability and to each according to his needs
 Just distribution of wealth
 End of economic exploitation
 Special protection of the interest of weaker section
 Limited right to property
 Question of state interference in economic needs
 Fixed economy is better
 Equal wages for same job
Conclusion
 We can conclude that justice is concerned with human welfare
and the protection of reasonable interests. It can be experienced
only when each citizen will perform his duties in right
perspective.
 A just society is that society where every individual gets legal,
political, social, economic justice. For every just society there
should be a proper combination among equality liberty and
justice. there is a close mutual relationship among them.
 Individual is the subject matter of these concepts.

Justice

  • 1.
    Justice By Mr. Mahesh JaiwantraoPatil M.A. (Political Science), M.Phil, NET, SET, & Ph.D (Pursuing) Assistant Professor, Narayanrao Chavan Law College, Nanded, Maharashtra, India Cell No. (+91) 09860816313
  • 2.
    Introduction  The term' justice' is derived from the Latin word " justicia" which means joining or fitting , or of bound or tie.  The concept of justice has been analyzed and defined differently by philosophers, political thinkers , economists , sociologists and religious leaders. It has been changing from time to time, depending upon the conditions and circumstances prevailing in each age.  It has to coordinate and draw a harmonious balance between rights and duties of the people living in the society.  It is connected with the moral, social, economic, political, and legal relations of an individual with others.
  • 3.
     Justice isa concept of moral rightness based on ethics, rationality, law, religion, equity and fairness.  John Rawls claims that “ Justice is the first virtue of social institutions as truth is of systems of thought”.
  • 4.
    Definition  Charls Marriam:- “justice consists of a system of understanding and procedures through which each in accorded what is agreed upon as fair”.  Barker:-“Justice is the reconciler and the synthesis of political values; it is their union in an adjusted and integrated whole”.  Saint Simon;- “ from each according to his capacity , to each according to his need”.
  • 5.
    Meaning  It isdifficult to give a precise meaning of the term ‘Justice’. Political thinkers and jurists had given different meanings and definitions. The reason for this is that the contents and implications of justice differ from country to country and also form time to time.  What was justice in the past is not justice in the present day. Therefore it is difficult to define justice.  In the ordinary sense, justice means to give an aggrieved party what is due to it and punish an individual or a group of individuals or an agency whenever offence is committed.  In the narrow sense, meaning of justice is associated with a legal system and legal process in a society. In this sense, it is related to the settlement of disputes through judicial bodies.
  • 6.
     A manliving in society is attached to another man in one way or the other. This relationship has few rights and duties attached to it. 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.  Justice is peace, and genuine respect for people, fairness, justness, fair play, fair-mindedness, equity, equitableness, impartiality, lack of bias, objectivity, neutrality, lack of prejudice, open-mindedness, non-partisanship.  Justice is the legal or philosophical theory by which fairness is administered. The concept of justice differs in every culture.
  • 7.
    Characteristics of Justice Human welfare  Ethical concept  Changeability  Fulfillment of reasonable interest  Performance of duties  To provide everybody his reasonable share  Justice is related to values prevailing in society
  • 8.
    Basic postulates ofJustice  Truth.  Uniform values.  Equality before law.  Liberty.  Impartiality.  Respect of individual’s ability and capability.  Protective discrimination is not injustice.  Provision of rights.  Fulfillment of basic needs.
  • 9.
    Kinds of Justiceor Dimensions of Justice  Legal dimension of justice :-: This is the narrow concept of justice and is associated with the legal system and the legal procedure existing in the society.  The court of law interpret the law and apply the law after hearing the parties involved in a dispute. Here , justice is what is administrated by the court of law and the interpretation of the Judge is considered as an embodiment of justice.  Justice in the legal sense requires the following conditions:- A. Just and reasonable non- discriminatory laws. B. The administration of justice by free and independent courts. C. Inexpensive judicial process. D. Court procedure should be simplified and avoid delay in justice. E. There should be a Rule of Law in the country.
  • 10.
     Justice andlaws have close affinity with each other. State makes laws and implements them in order to establish justice in the society.  Following conditions are necessary to ensure legal justice:-  Just laws  Equality before law  Uniform legal system  Impartial and independent judiciary  Inexpensive and efficient justice  Democratic organization of legislative bodies
  • 11.
    Political dimensions ofjustice  Nobody should be denied of political rights and to provide equal political rights is political justice. Following conditions are necessary to ensure political justice:-  Universal adult franchise.  Right to contest elections.  Right to criticize the government.  Right to form political parties.  Right to protest.  Right to petition.  Respect of human right.  Protection of the interests of minorities.  Political authority should be based on the consent of the people.  Democratic system.  Special provisions for the protection of the interests of Backward classes and backward tribes.
  • 12.
     Political Justicestands for a free and fair participation of people in the political sphere.  Universal adult franchise is the expression of Political Justice.  All liberal democratic countries are based the principle of "one man , one vote , one value" is faithfully adopted. Political institutions should be representative in character.  Equality of opportunity in getting elected and in holding public offices , freedom of expression and association and rights to seek redressal of public grievances are the important pillars of political justice.
  • 13.
    Social Dimensions ofJustice  Social justice means to give proper opportunities to every citizens, in every sphere of life, to develop his personality and to end all types of social inequalities. Following conditions are necessary to ensure Social justice:-  Equality before law.  Absence of special rights.  Prohibitions of discrimination.  To end caste system.  Just distribution of wealth.  Democratic government.  Just balance between freedom and social control.  Social security.  Provision of equal political rights.  Protection of interest of minorities.  Abolition of social values.
  • 14.
     The conceptof Social Justice is based on the belief that all human being are equal and that no discrimination should be made on the ground of race, religion, caste, sex, or place of birth.  It has three implications.:  (a)Equal social opportunities.  (b)Special attention to weaker sections.  (c) Removal of social evils
  • 15.
    Economic Dimensions ofJustice  Economic justice mean to provide equal opportunities to everybody to earn his livelihood. It also mean to help such people who are not able to work and earn their livelihood.  The basic needs of every body such as food, cloth and shelter, should be fulfilled and the unequal distribution of wealth needed to be stopped.  Economic justice implies non-discrimination between man and man on the basis of economic viability.  It stands for by assuring adequate means of livelihood to all, by making provisions for adequate working conditions, for equal pay for equal work, fair distribution of resources, equal economic opportunities to all people etc.  The concept of economic justice was emphasized by the socialistic thinkers.
  • 16.
    Following conditions arenecessary to ensure economic justice:-  Right to work for everybody.  Fulfillment of basic needs.  To reduce wide economic disparities.  Protection of the interest of workers  From each according to his ability and to each according to his needs  Just distribution of wealth  End of economic exploitation  Special protection of the interest of weaker section  Limited right to property  Question of state interference in economic needs  Fixed economy is better  Equal wages for same job
  • 17.
    Conclusion  We canconclude that justice is concerned with human welfare and the protection of reasonable interests. It can be experienced only when each citizen will perform his duties in right perspective.  A just society is that society where every individual gets legal, political, social, economic justice. For every just society there should be a proper combination among equality liberty and justice. there is a close mutual relationship among them.  Individual is the subject matter of these concepts.