Concept of justice is as old as society. Man has always fought for justice. It plays an important role in the life of the man and the society. If there is no justice, life, liberty and property of the people are not safe, and the very existence of state loses charm in its absence. Man wants justice prior to liberty and equality.
Meaning
Concept of justice has been changing according to time. According to Plato, Justice is a virtue derived from the combination of other virtues. In the middle ages justice was the human conduct based on religious rules.
According to Rouusseau justice was another name of liberty and equality.
According to Hugo Grotious, justice is coordination between individual interests and interests of the society.
In the eyes of J.S. Mill and Bentham, Justice is the maximum happiness of the maximum number. Socialists consider economic equality to be justice.
It means justice is that which ties individual with other individuals in the society. Only the right or proper order could be the bound that knit the society. Even today justice means that which is just, which is fair, which is proper. Something which is not just or proper is not called justice or justified, and the people oppose it. Thus justice is that which is considered good, proper, just, fair, impartial, rational in a society. It is something which brings coordination between the interests of the individual and the interests of the society. If everybody acts properly, does not do anything that causes harm to others, performs his duties honestly, everybody will get justice automatically.
Elements of justice
From the various definitions we come to know of the following elements of justice :
- Justice is concerned with mutual and social relations of the people and it strengthens them.
- Justice coordinates between the interests of the individual and those of the society.
- Basis of justice are the moral values of the society. It means what is moral and proper in the society is justice in that society.
- Justice is concerned with procedures also and for disbursement of justice, laws and law courts are established.
- Justice means to give what is due to an individual.
- Justice means to undo what is unjust, illegal or undesirable in the society.
- Aim of justice is to remove improper discrimination and to provide useful rights.
- Concept of justice can change with time, circumstances, conditions and various groups of society.
Postulates of justice
Following are the basic postulates of justice :
Truth : Truth is an important postulate of justice. Truth means production of truthful happening of an incident. Witnesses are expected to state truth before the courts and judges are also expected to do justice on the basis of truth. Every witness has to take an oath that he will state truth and nothing except truth before the court.
Uniformity : Uniformity is justice means that in all cases the same concept of justice would be adopted. In various disputes of similar nature, application of different values is not justice, it would amount to injustice. Thus all disputes have to be decided impartially and uniformly.
Equality before law : Equality before law is another important postulate of justice. All men should be equal in the eyes of law and same laws should apply to all people alike. There should be no discrimination based on caste, colour, creed, sex or place of birth in the eyes of law. Law should be considered above all. If some persons are not accountable before the law others would not be able to get justice.
Liberty : Justice and liberty are closely related. They are inseparable. Justice cannot be enjoyed by a person who does not enjoy liberty. In an atmosphere of liberty, justice can be expected. Justice also means providing due liberty. There should therefore be no unreasonable restrictions on the liberty of the individuals. Restrictions in the interest of social good, morality and nation can be put on the liberty of the people. This does not amount to injustice.
Respect for Necessities of Nature: It is also a postulate of justice that due respect or consideration must be given to the necessities of nature. No man should be asked to do what is not possible to be done by him due to natural incapacity or physical weakness. A man cannot do what he is not capable to do due to natural infirmity. For example, to ask a child, an aged man, a sick man or a crippled man to do hard labour is not justice.
Liberal view of justice
According to Liberal View Justice means impartiality, fair, equity or equal, Equality before law is also called Justice. But all cannot be treated absolutely equal. Its practical form is to treat all alike persons equal in the eye of law. It means equality among equals. It is also called proportionate equality.
According to Plato Justice means coordination between the interests of various groups of the society. Equality before law does not mean that the state cannot make distinction of any kind. To create harmony amongst the various sections of the society it is essential to make distinction or discrimination and give some concessions to the backward sections of the society. The state has to make protective discrimination to provide social justice to the backward sections of the society as has been done in the Indian Constitution for the upliftment and development of scheduled castes, scheduled tribes and backward classes. The liberal view of justice advocates equal pay for equal work for men and women both, and at the same time, to provide social security to the people.
According to classical liberal view, the principle of free trade is justice. It means the state should leave people alone in the economic field and create the atmosphere of free trade. In the atmosphere of free trade, every body shall be free to do what he likes and shall get whatever maximum he can. It matters little whether he can make both ends meet in the wages he has been able to get or not. Those who are weak and incompetent, who are not fit, have no right to survive. But today this absolute liberal view does not hold good and is not considered true justice. In the welfare state of today fulfilment of basic needs of all, and availability of equal opportunities of development of life to all is justice according to liberal view point.
Marxist view of justice
Karl Marx has a different view about justice. According to him Justice means that no individual should face hunger and starvation. From Marxist view point every individual must work according to his capacity and he must be paid according to his needs. And this is justice. Marxists do not want to pay to a worker according to his work or labour, nor they want to take equal work from all. They want that all should share the burden of all according to their individual capacity and want to distribute the facilities to all according to their requirements. But this Marxist view of justice is not practicable. Man is selfish by nature and does not want to do any such work whose benefit may go to others. Thus it is difficult to put this view in practice.
Various dimensions of justice
Like liberty and equality, justice is also of various kinds. Primarily justice was of two kinds only—Natural justice and Legal justice. But these days justice in its wide aspect is of many kinds. In every aspect of life, we have justice of that kind. For example, in economic life, we want economic justice and in social life we want social justice. Main kinds of justice are as under :
Natural justice
Natural justice is very important. It is taken into consideration even by the law courts and they do not consider anything just which is against the principles of natural justice. It means that justice which is based upon laws of nature and fairness. It is also based on impartiality, honesty, rationality and propriety. It is in accordance with the principles of natural justice that before a man is held guilty of some offence or illegal act and is given punishment he must be given an opportunity to explain his position, to put his defence, to prove himself innocent.
Moral justice
Morality and Justice are closely related. What is moral in society is also just in that society. Demand of justice is made on moral grounds in the society. An act which is against moral principles in a society cannot be accepted as proper and just in that society. Laws are made in accordance with the moral principles and where there is no law, these moral principles and customs and traditions become the basis of deciding this disputes and disbursement of justice. Thus what is in accordance with moral principles is moral justice.
Legal justice
Legal justice is that which is based on law of the state. Up to 19th century justice was demanded and disbursed according to the law. There is a procedure established by law, for demanding and disbursing justice. Law defines the jurisdiction of the courts, procedure to be followed by them, powers of the courts and also the maximum punishment the court can impose on an accused. Even the courts had to follow the procedure and could not go beyond their jurisdiction. Justice can be done only according to law. But these days the courts have been acting otherwise also for giving social justice and economic justice.
Social justice
Concept of Social Justice has gained ground in the 20th Century. Socialist states have been putting emphasis on it and the courts have also been trying to do justice on the basis of social justice. Social justice means removal of inequalities, discriminations and denial of opportunities to some sections of society. It means there should be given equal opportunities of progress in the social field. All should be treated equal socially.
Economic justice
Economic Justice has also gained ground in the 20th Century along with social justice. It means economic equality and economic liberty. It means justice in economic field, to remove economic inequalities, liberation of man from economic exploitation, guarantee of minimum standard of living to every individual, provision, of minimum wages and maximum working hours, adequate or proper working conditions and provision of social and economic security. Economic justice is against concentration of wealth in the hands of a few. These days the courts also try to disburse economic justice.
Political justice
Political Justice means justice in the political field. It means participation of all in the administration of the state. It means there should be no monopoly of one man or one class or group on ruling power. Political power should be exercised by all the people and the right to vote, right to be elected and right to hold public office should not be based on caste, colour, creed, sex, wealth or race etc.
