CONCEPT OF JUSTICE ety, the conc man soc ept of justice h in nu! inning to achi as a great importance and ™ the ver ped 2 Pe data Males. Adlualy the aiiiggle io fre sania wit strugd jo: "Mal is in accordance wi 5 values and custom enna soc and to nk omiande, bat tier necessary ta ae dered oust “A ore ar ust demands, Debetmerhast demands the right to copying, but ese are prevailing ore yalves- therefore, these demands cannot be ancien une A re Justice kee| acePt or ee relva th Sharigis thie should be kept in mind nat tne odd a wnich is just today 9 WAS circumstances and time. This is not necessary ing Ww! Sy wives and ee be just tomorrow. For example, in ancient socie!y is was just according to the values of that time. But he same is true with the h chal i ir nges with time and circumstances. Any system which iS just t wnat could have amar aciety does Tr apt of justice whic! | eae Pan be unjust tomorrow. 10! ORIGIN OF THE WORD JUSTICE justice has originated from Latin Word ‘Jus’ which means tem in which men are tied in close relationship. A man living in has few rights er man in one way or the other. This relationship ights also fulfils his duties and id to be doing justice. not give recognition to this act by man, T Bond or Tie. This o word at justice is a syst iched to anoth 0 it. When a man while énjoying his ri ies atta in an appropriate manner with others, then he is sai MI means EANING AND DEFINITIONS OF JUSTICE unanimity among the views of different scholars about the meaning of st today May not be just tomorrow: The values of different societies also _ In India, justice is equated with Dharma, therefore, some people call it jing to. others, it is ‘Reward of Past Karmas’. The Greek thinkers also ent views about justice. According to Thasymychus, “Justice is the interest of the i st of the weaker.” According to Plato, rds the meaning of justice is to discharge one’s duties ns.” Aristotle is the supporter ‘of the concept of ices should be distributed among the there is no justice. what is ju! o “4ustice is the interes “yustice is @ quality. honestly and not to interfere in others actio ‘Distributive Jus' hat the rights and offi citizens on the basis of their qualities and ability. Following definitions have been given by different scholat 4. According to JS. Mill, “yustice is the name of certal concerns the essentials of human well being more clearly and are, obligation than any other rule for the guidance of life.” 137 tice’ @hich means t rs to clarify the meaning of justice = in classes of moral values which therefore, a more absolute“Tne idea of justice cOMNOFES a righty ‘aro in conic.” ase 6 Te Teka n Sateen near ti, 3 et et SO tering pg. rar te ai fe WO In BCCodance yy at 4. nesordra pam i" every indvival nin of moval © soo means to provide every DOdY his share , ince of Duties—Every man j farms ond go sand, Ste NT ts ina systom of nderstay s Wo carey 2298 has to pro tw dts 5. Accor Oot Mei, ase hat is agreed UPON as fai.” "aos wn is the essential 1 ot ustic in he society. According 6, coding 1 Pro accorded wht wri, prc Ne clarifies following three things— ee “The defintion giver” mmporaty soil VaIUES and Customs ang (9 vost depends upon he range a comes inthe concept of ek) st 4 Huson yal lated to his rol inthe le doing s0 one wil help in the sioms, te . To provide everybody his ressonabe Share range in sci vabes and Jur, following which the j decides csonable share anybody dos not athe ee se? MAN ove evrtndy = is rtd 8 Pe aw and the on ot neh 050 ible share then that man can go to sustce ‘ ps ait os i i Hh and fa aol © (i) The purpose oti opted by the socety. ing he ‘Concion Af eg he ns ee, praia each ciizen performs his duties in right Pa tees at fax wien nis fans book Republic thal every ciizon has topes sew dts andthe sense ol ufllag these duis, s justice CHARACTERISTICS OF JUSTICE Fotowing are the main characteristics of Uustioe:— 1 Human Wettre—Human wet the fst characteristic of justice because me imei im of use is pul welare. So, any system which is based on nance tothe prevalent social values. Concept— Social lite has vari | and social aspect etc and the concept of jus ason the concept of justice is con BASIC POSTULATES OR BASIC PRINCIPLES OF JUSTICE Following are the basic postulates of justice which should be observed in just society 1. Truth—To present the facts in a right way is th and in the absence of truth we 2. Ethical Concept—Justice Is an ethical concept and is based on legitimacy at logic. The legtimacy or non-legitimacy of an action depends upon ethical values and ey ‘action which is in accordance with the establish ethical values can be accepted as a jt ‘action and which is not according toe in accordance wih these values. The prevalent values of 3. Changeabilty—The concept ih time, The old values etish andthe new values take thei ih he changing values ‘changeable also an ice keeps on changing wi cra ag ial soon and ‘ations. For examp| /—Everybody should be equal before law and there should be untouehabity, dowry system and st important char Peo Erni hue ae eal proetn oan Shane te hana’ 2day althese provision ae legal ofence and anybody who gives petsd dno discrimination should be made on te basis of caste, religion, colour and rac ranacetese Provisions inves punishment. Simi usted rly, famous Greek philosopher Arstlt 4. Liberty—There is a close relationship between Liberty and Justice because justice lavery whereas today itis a crime, ‘annot be achieved without liberty. Putting unreasonable restraints on man is injustice. But a i ja baany ot na ets tory aro FOU aking } cgeing an FO oy— Te SPO ed socey. TS il only result ito ant | nae Moxy arnatbe CHP gory baleve In Givin Severo raat crime, But Tneory—SUPPON cre ‘again. Other people will also learn g tt wy ot 0 ea justlaw. 2. Equality betore La jon and race el ‘ody living inthe state without making any discrimination. 3. Uniform legal System—There should be uniform legal system for the pes belonging to efron cases, colour, reed, religion etc. In other words, there shouldnt separate fagal system for ferent categories of people. In case there is a separa system forthe people belonging to ferent religions, castes and sects etc, such ‘system shall not be according tothe lagal aspect of law. ry—in case the judiciary is impartial od ure should be fon. should be given high salaries and there should be re then the Judges willbe able to discharge thet that howsoever poor a person may be, hej eis able ous a ‘There should not be along delay iarge of justice. ates moerati organization of Legislative Bodies—The legi bodies wi ; constituted onthe basis of universal adult franchise so tat the #7" 991 proper represeration in these bodies. Bosides a 0 bodies should also be made responsible sponsible, provisions should bo made 10 people and in case of their bec ‘am from thelr office. 2. POLITICAL DIMENSION OF JUSTICE administration affects every citizen pel remove Present sapere hes role in the administration. It is said in the Article-20 of that every citizen has ° u Tight to participate in the eration of his country. In other words, nobedy shall be wide ‘equal poitical rights is pol ce. denied of Political Right and to NECESSARY CONDITIONS TO ENSURE POLITICAL JUSTICE allowing concitions are necessary to ensure Potial Justce— Franchise—Every ciizen shouldbe given right to vole irespective dele. This right helps to brings self-confidence among the a headstone. any goup nt gen plc al means. fen should be given right to hold test elections, form government and crtcize man interests. press their anguish and protest against wrong policies of the governm: ‘the people become violent and ‘cause damage to public property like railway, buses, public offices etc. But this cannot be lustiied. The protest should be made in a peaceful manner, ‘ Right to Potit Jens should also have the right to peition to protect their The government ‘should given patient hearing othe complaints and petitons eople and should try ‘oss these. This will maintain the confidence of the people ‘in the administration. toll? Respect of Human Rights—Mary fi family, Right to equality, etc are necessary | hts lke Right tif, Right to freedom, Right for human life, So, these rights should beae Poltical Theory (Somes, ented such human aman has bee? apart Bt eve ips ae sreumescng o Getto! stats, : cu Potton oOo i Fotowing provisions are nec2S8ar fr to esabshman op Sec ed ve nde conan fr the Pte 0 eee co ant He Law wand sat eae ee ‘be made i the ‘should be should not discriminate on the basis of caste, coiguy va. M8 for every ctizen and (Ge) Poitical authority Or ons aw sponsible before the same UESINNE Taligion, creed etc. Everybody potcalautorty should Be P60 srould be om ot and aihorty ce of Special Rights—For raain ya 1 he au at peole sent 01 rights and every citizen, whether Social justice, is necessary to Democratic System —Democrae ar Py | ON of social quali in case ¢ Particular poo MHSte Given equal gh We ve canara ea Teepe Sioa veri, | ‘Special jisions for the pr | sence eases and Scheduled Tbes—Bec Cl, alton of race et, we cannot tink of cane, ce, therefore, demands min 898g , Special facies to improve the ‘certain classes, they fail to enjoy the benefits of pol {he downtrodden and weaker sections of be made forthe protection ofthe interests ofthe - (ai) Periodical Elections-To ensure poltical justice, provisions should be made ld be fix and the way of Social ton of supersitons and soil ns necasan Se IN Dasis of ther caste, religion, colour and gender ete. Equal fates they ae ih or por, erate or iterate, ec and should be given due respect ary the citizens ofthe state. in shor, we can say tha o estabish poltical justice, citizens should be provided cit "ighis and human rights should be respected, yr ocratic Government—Equality, Liberty and Fratemy are the basic principles i I 'y and these principles are necessary for social justice. Therefore, democratic think that equatty of opportunites is social 's also necessary for social justice. rests For establishing universal peace, protecting public property lic morality state can impose limitations on the lbertes of the people. '© K. Subha Rao, "p the state should not interfere arbtraly in human tte. aoe all cerome ard sok iteo wor ceee S8eKs fo remove the imbslanss lal Security—For the establishment of social usc, there should be provision me 8h soci 8 people. In shor, social justice hops 10 BY | "il secunty see We cannot think of socal justice in a society in which provisions are ys SS” em i Kar, “BY Social justice, we mean to end soi “Pportunites 10 develop in every sphere of lie."MUTUAL RELATIONS BETWEE 149 spare 2 080 FlaONENP Betvoon Jute ang THE TWO ne 'Uoerty and we cannot even think of —The purpose of liberty is to given freedom to Provide opportunities for 0 egal and anti-social acts. The jeal, economic and S0ctal dimen, | Ph te oe tar ty oer at ei a a a Conan tat 00 in the absence a oe a ga Fe oaty rae BETWEEN LIBERTY, EQUALITY, rhe RELATIONSHIP “AND JUSTICE (avo lishment of unjust society. Rich 2, RELATIONSHIP BETWEEN WU, ‘AND ausice | /ATY found in the society from time immemorial. But when njust, then man started struggle against inequality. To we must know the meaning tte we tome LUbery is the frst need of justice. Every ruler who attacks the unjust nie. Many struggles were waged against unjust rulers t struggle was considered just. American War of I , Independence Movement, struggle against apartheid in South Africa were actually to esabt justice. ‘opposite to each Other—Few critics are of the opinion that ‘each other because the social inequalities are natural. and preectnt | dsome others ugly. But when we try to toJ.S. Mill, “J itizen his duties. Aco" tsi esteem mene inorconie aes ‘ther re forte guidance of igs” re. Of more absolute obligation than at Justice—Actually Justice and Equality pposed to each other. Men who consider481 Pour ls Justice—Man works hard and i he fe not heretore, it is necossary to give the just freedom to use't as he wishes, lartists think that personal property is collected by the used to further exploit the poor, therefore, it cannot be just. society are based on the personal property. Theretore, be just. Trea 1s—According to Maris, prevailing tensions in he society end ost ‘The basis ofthe tension between poor and rch, servant tecte erty inte wey Justice and right to private property are opposite to condition to establish justice is to abolish private propa, ied about the mutual relationship between justice in close relationship between justice and personal Meaning of Justice—vustice is related to the interes. i Note—For detaled study, read the earlier part Views of Liberalists—Liberalists ac ‘CLOSE RELATIONS BETWEEN PROPERTY, Property and they think that right to property i EQUALITY, LIBERTY AND JUSTICE en Pi quality, Property, Liberty and Justice. OM creates: Incentive to Work—For economic develor nthusiast 1 pment, ange Pope csates incentive to work an on Poa eats ty Man—Personal Property gives a respectable so ‘concep is the development of human beings. "an has no status inthe society. among these anne i eR° OF JUSTICE “ va! tion arog POOPIO rather, have close afin SSC amet ana | yt tit ty cS wn ene sa ty ard MO yond DY POBUNSTID or ann | a 28 ri calld judo. Tho stg PRPAWOU ol th tates based on amon cae yn Mi | ee headings — ‘Uy of he legal aspect of justice can be divided fares et 007 itty Every Individual has ditey vo tolowws should be Just pe sablty and Caron t0 his ie we se ea {p) sustce according to Laws of Punishment mr be njustice. That IS Why speci gym} (¢) Purpose of Punishment a noe ED "| Laws should be Just—To maintain justice inthe state, many laws are made. But ey os «gia aa te Soest ha one ‘obey only those IaWS which are based on justico, Judcous Lawe are are made fo WOR “gzciminaton 1 00 providing justice. In ing” welt] ytose which are made Keeping in view the pubic welfare, x rect ce acinaton 8 HON gd castes and sehen i) those laws which are made by the elected representatives of the people. Laws cece ess ERI in amgloyment, aGMISSION in ig | ay me aia PUES are not uous ; Semen om seed a oe covetodion who a0 beng amet | "tas should Be based on the p ue inthe society. Those laws which Tis dora on ae concert ot Justice Gives sanctions top| | Uist socal values can never be pop feason for the popularity of the laws in ce mero ajar that these laws are based onthe prevaling values . Expreseing hie vew regarding ‘ecrrnaton. sno prosin of rights 1s essential forthe estabishng,,| Sha laws, Barker has aplly sald, ‘Author gives val to law and betce evens €. Proven of RT gn practical NC® Of the concays| jy has values, SO | am bOUNd 10 obey it not legally and net by an outward compulsion but {ese bocause in te Soe al ound development al and use gn | ap orl” and by an inward free Hi possesses the erent quatesof see” {ostioe. Rights ae | an of anindvidval. But while giving rights no discrningy, | (g) Justice according to Laws—It is not sufficient that laws should be just but the oncamed we a people on the basis of thelr caste, c reed, religion es, "| yee should be done according to laws by il Servants and the judiciary. Laws should shoud be mace Je Needs—The society in which the basic needs of an indvigy | aso be Implemented correctly. Article - 21 of the Indian Constitution provides that, “No 5 ont fs Monit 5 society. Therefore, for the establehng, | parson shall be deprived of his life and personal kbeny except according to the procedure Honey eel eee basic needs of food, clothes ana gn | esubishad by law.” Following conditions are necessary inthis respect shoud be fufiled of every individual living in the state. (0 Every citizen should be given equal status before laws. For example, the Artcle-14 ‘ter readig the vews writen above we come tution gives equality to every citizen in front of law and protects against any jon should be made to keep judiciary independent and impartial so that it is ice. ‘cannot think ofthe concept of justice. VARIOUS DIMENSIONS OR FORMS OF JUSTICE ‘Te concopt of justice is very complex. is nol only the name of legal and jul Process rather i has various aspects such ag— n should be given protection against arbitrary arest ) Nobody should be given punishment unless he is found guity \v) There should be provision of open-trials for citizens. ) Purpose of Punishment—Thoro is close rolationship between justice and ment because the purpose of punishment is to maintain justice in the society. Ahead ‘main theories regarding the purpose of punishment : ry Theory—Few people are of the opinion that a man commits crime | circumstances and lasing mental balance. inthis way, the propensiy of 1 Sori | ‘eis. a disease and the aim of punishment should not be o cause harm but io reform the