Justice : Meaning, Types, Definition
What do you understand by justice? Explain the relationship between justice and law.
Or " What is meant by justice? Define justice . "
Or " What is justice? Explain the types of justice ."
Or “ Explain the relationship between justice and freedom .
Meaning of justice (what is justice)
Justice is the Hindi adaptation of the English language Justic (Justice). In a literal form, 'Justice' is derived from the Latin word Jus. Which means 'to bind' or bind, thus justice refers to that social system. In which people are bound by mutual relations. In simple sense, justice is the name of that state, in which there is proper arrangement, harmony in personal and social relations, fairness, selflessness and rationality. In which people follow their rights and duties. .
According to Plato , "Justice is the proper state of the human soul and the natural demand of human nature."
It is a bit difficult to present any definite definition of the word justice. First , the word justice has been given different meanings by different people at different times. Not only this, its implications differ from person to person and from situation to situation. OthersThe idea of justice is like a dynamic thing. In such a situation, its implications keep changing with time. What was once justice in the past may be injustice in the present. Another difficulty arises in reconciling the abstract sense of justice with its practical forms. For example, one can talk about moral justice or divine justice, but these are difficult to conform to any model of practical standards and are therefore not enforceable in practice. Therefore, we can approve of Potter's view that, "Most people think they understand the meaning of justice but in reality their notions prove to be vague."
The concept of justice has the following important implications:
1. The concept presupposes a just condition i.e. it is impossible to evaluate the justness of actions without prior knowledge of the just condition.
2. This concept is related to the situations of morality. For example, a fair race is one in which the person who wins ethically deserves to win, but in a race that does not involve cheating, no one jumping before the signal to run, or the use of any bad substances (such as drugs). Do not take unfair advantage of the experiment.
3. This concept also shows the meaning of fair distribution of benefits and losses, that is, its main relationship is with the way in which punishments and rewards are distributed among the people in a rule-based manner and its close relationship with fairness indicates that That if a ruler boils his subjects in a cauldron of oil and later jumps into it himself, it would be an act of injustice, although there would be no inequality of treatment in it.
4. This concept usually exists only in a favorable environment which only democratic systems can present, but as an exception it can survive in non-democratic systems as well. "Justice rules fairly in regimes that allow little political participation." In regimes that allow little political participation, just rules can be applied fairly and democracies with majority rule can treat individuals and minorities arbitrarily."
Yet while dealing with the problem of furnishing a definite definition of the word 'justice' we must bear in mind the supreme fact that not only are different people different views on the subject of the ideal state of affairs which people would regard as actually just, Every person can also have many such thoughts. Our thoughts and feelings about justice can be double, triple, and even multifaceted, according to different systems of values to which we respond positively at different times and even in parallel. In the context of individual opinions, justice is a vessel with many lids, or at least it can be.
definition of justice
Some definitions of justice by modern scholars are as follows -
According to Merriam, "Justice is the sum of those beliefs and processes, through which every human being is provided with all the rights and facilities that the society considers appropriate."
According to Mr. Rafal, "Justice is the name of the system by which individual rights are protected and the dignity of the society is also maintained."
In the words of Bain and Peters, “Acting fairly means treating all people equally unless there is a good reason for discrimination.”
In the words of Plato, "Justice is the proper performance of one's own duties by individuals and not interfering in the work of others."
According to Robert Tucker, "Justice means that when there is a conflict between two parties or principles, it should be resolved in such a way that the reasonable rights of either party are not violated."
According to RC Tacker, "The essence of justice is to strike a proper balance between two conflicting sides or principles."
types of justice
In contemporary thinking, justice is considered from many perspectives. In ancient times, justice was limited to moral and legal dimensions, but at present the concepts of legal justice, formal justice, natural justice, social justice, economic justice and political justice are considered. In the modern era, scholars have given the following types of justice-
1. Social Justice
In simple words, social justice means that a person should be respected in the society for being an individual. That means there should not be any kind of discrimination in the society. All individuals and classes have to have adequate opportunities for development. People of different religions, castes and classes live in the society. Therefore it is necessary that they should have a sense of social equality. In India, arrangements have been made to end untouchability with this in mind. There is a sense of achieving social justice in Articles 15 to 18, 29 and 30 of the Indian Constitution.
2. Political Justice
Political justice means that everyone gets equal opportunity for political participation. To achieve political justice, adult franchise, fair elections and opportunity to be appointed and elected to public posts are provided to all. From this point of view, freedom of speech and expression, freedom of association, community, political parties and freedom of propaganda are provided. Political justice includes the values of freedom and equality.
3. Economic Justice
It means that everyone should have equality of economic opportunities so that individuals can do their economic development properly. Keeping in mind the economic justice, exploitation is prohibited and fair remuneration is arranged. With this feeling, the inclination towards equal property and socialist approach has increased and the ideology of welfare state has developed.
4. Legal formal justice and natural justice
When justice is done according to the prevailing law to decide the conflicting claims of two parties or to determine the rights and responsibilities of a person or institution, then it is called legal justice. In legal justice, the manifest form is considered to be the biggest evidence and it is applied impartially, hence it comes in the category of formal justice.
5. Natural Justice
Man has got some rights from nature, he should not be deprived of those rights. This is natural justice. Where the law is silent or vague, judges resort to natural justice. Natural justice is mainly concerned with the unwritten part of law. When the answer to a question is not found in the law book, then by using tolerance, judges recognize the law hidden behind the laws and its principles are called natural justice. It is called natural justice because the source of its authenticity is nature itself.
justice and law
Generally law courts are called temples of justice. Justice and law both try to maintain social order. Breaking the rules of social order is considered a crime. The criminal is punished so that the person affected by the crime can be compensated, as well as the society can be kept safe from such wrongdoings. This does not mean that all laws are just. For example, when Lokmanya Tilak was sentenced on charges of treason during British rule, he pleaded innocent and spoke of "the Supreme Power which determines the fate of all things." Probably he was talking about natural justice which is the basis of all laws. This was the logic behind Mahatma Gandhi calling the Salt Law unjust and calling on people to break it.
To be just means to be truthful. Justice is the basis of law and social morality. They cannot survive without justice. But justice and morality are not the same thing. For example, from the point of view of morality you should be generous and non-violent. Justice has nothing to do with these things. The scope of morality is much broader than that of justice.
The statue of a goddess standing blindfolded is often considered a symbol of justice. This goddess has a balanced scale in her hand and is blindfolded because she is considered impartial. There should be no discrimination in matters of justice between poor, rich, high caste or low caste. Thus fairness is an essential condition of justice. Does this mean that there should be no discrimination in justice at all?
relationship between justice and freedom
There is a close relationship between justice and liberty. But if freedom is taken to mean absence of restrictions, then it strengthens injustice rather than justice. Lack of all restrictions gives birth to injustice and not justice because justice is based on rules, laws, It is nurtured in the presence of proper types of bonds. In fact, freedom is not the absence of all types of restrictions but it is a system of appropriate restrictions. Freedom means the existence of an environment where a person gets fair opportunity to develop his abilities. Freedom is not unlimited and uncontrolled but limited and limited. The concept of justice emphasizes on broadening freedom and from this point of view supports reasonable restrictions imposed on the freedom of an individual. On the contrary, if a person is provided unlimited freedom then his freedom may prove fatal for the freedom of other individuals. Because a person can create a threat to the liberty of other persons by acting arbitrarily. The principle of justice does not support such unlimited unrestricted freedom. Can pose a threat to the freedom of individuals. The principle of justice does not support such unlimited unfettered liberty. Can pose a threat to the freedom of individuals. The principle of justice does not support such unlimited unfettered liberty.
relation of equality and justice
The concept of justice is also closely related to the principle of equality. Equality means that all citizens should get equal opportunities for development. The state should provide equal facilities to all its citizens in the fields of education, health, medicine etc. Justice supports these concepts of equality that all citizens should be considered equal before the law and all citizens should get equal protection of the law and in practice these same principles of equality are the basis of justice.
Principle of justice in the context of interrelationship of liberty and equality
The state of justice is determined by the mutual relationship between freedom and equality and their distance from each other. If freedom and equality are considered opposed to each other, then freedom cannot establish equality and equality cannot strengthen freedom. But on serious consideration it becomes clear that freedom and equality are not opposed to each other but are complementary. Equality means a system of equal opportunities and the end of privileges, whereas freedom means a favorable environment and opportunities for all.
0 Comments