The concept of Justice played a crucial role in modern world democracies as it made a balance between the rights of individuals in a democratic state. The word ‘Justice’ is made of two Latin words; Jungree which stands for ‘to bind, to tie together’, and ‘Jus’ is meant for ‘a bond or tie’. Thus, justice binds people together in the right order of relationship and it does so by distributing to each person his due share of rights and duties, rewards, and punishment.
Also Read: Liberty in the Modern World
Equality – Dimension, and Relation with Liberty and Justice
Rights – Different Theories of Rights
Idea of Justice
The concept of Justice is very complex because sometimes it is used in moral meaning and sometimes it is used in a legal sense. The concept of justice also meant reconciling the various values of liberty, equality, and fraternity. There are three dichotomies associated with justice; Legal and moral justice, General order and Individual interest, and social justice. Legal justice means the principles and procedures of the legal system established by the law of the state.
Moral Justice stands for what is wrong and what is right which is based on universal principles of goodness and natural justice. Justice also deals with the maintenance and protection of the general order of society and establishes, protects, and reinforces the general order. Justice also protects individual interests. Justice defends the status quo, keeping it safe from any outside or external attack which is called conservative justice.
Social justice is different as it seeks to establish a just and equitable social order. It does so by redistributing the wealth and resources of the society. It organizes and reorganizes society according to the present idea of fairness and goodness.
Procedural and Substantive Justice
The concept of justice is based on Jeremy Bentham’s equalitarian theory, “Everyone is to count for one, nobody for more than one” and this was the base of Greek city-states. The numerical concept of justice stands for giving equal share to all and it is not concerned about the differences in status, wealth, gender, capacity, etc. The geographical concept of justice is based on proportionate equality, which stands for ‘equal share to equals and unequal share to unequal’. This concept was supported by Plato and Aristotle.
Rawls Principles of Social Justice
Rawls’s theory of justice is based on the correction of the liberal-utilitarian principles of the greatest happiness of the greatest number of people. He maintained that the liberal-utilitarian view of justice is morally wrong. He appreciates their contribution to justice; it justifies the sacrifice of the good of some individuals for the happiness of the greatest. He criticizes the utilitarian for their neglect of the welfare and justice for each member of the society for the aggregate sum of utility and happiness.
His views it morally flawed and provide an alternative to utilitarianism and his view of justice is inspired by the Kantian Moral Ideal of equality of every man and freedom. Kant opined that all men are equal because they enjoy the same capacity to be moral and formulate moral laws and hence, everyone should have equality in every possible respect, and all men are equal, they should be treated equally.
Thus, Rawls’ concept of justice is based on the three main tenets; the principle of Fairness, Protective Discrimination, and Social Justice.