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UNIT-3 JUSTICE NOTES

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Understanding Justice: From Ancient Roots to Modern Theories

Introduction

  • Justice has deep historical roots tied to religion and morality, evolving to encompass freedom, equality, and more.

  • It aims to create harmony, uphold principles like equality and cooperation, and symbolizes equality for all.

  • Different philosophers have offered varying definitions of justice based on their times and contexts.


Meaning and Concept of Justice

  • Justice is a complex concept tied to duty, virtue, and crucial for progressive societies.

  • It deals with resource distribution and focuses on human interests.

  • Modern justice emphasizes social justice and democratic values, seeking fairness and equity.



Plato's Theory of Justice

  • In Plato's work 'The Republic,' justice is a central theme, and he places great importance on defining and locating it in society.

  • Plato believes that justice is intrinsic to both the human soul and human nature. He explores personal justice by examining the three fundamental elements of the human soul: wisdom, courage, and temperance.

  • According to Plato, justice arises when there is harmony among these three elements within an individual. In other words, when wisdom, courage, and temperance are balanced in a person's soul, it represents justice.

  • Plato's ideas about justice extend to the structure of an ideal society. He proposes a societal hierarchy with three distinct classes:



  1. The philosopher/ruling class, associated with wisdom.

  2. The soldiers/military class, representing courage.

  3. The traders/productive class, embodying appetite or temperance.

  • In Plato's view, social justice is maintained when each class fulfills its duties and refrains from interfering in the functions of the others.

  • Importantly, Plato's theory of justice is primarily concerned with morality rather than legal principles. Justice, according to Plato, involves individuals adhering to their duties with honesty and integrity, thus contributing to the betterment of society.



Development of the Concept of Justice

  • Philosophers like Plato and Aristotle offered influential views on justice.

  • Plato's theory emphasizes personal and social justice, rooted in harmony within individuals and the ideal society.

  • Aristotle categorizes justice into general and particular, emphasizing righteousness and proportional equality.

Justice in the Modern Era

  • Thinkers like David Hume, Jeremy Bentham, and John Stuart Mill introduced utilitarianism as an alternative to intrinsic rights.

  • Different perspectives, such as utilitarianism and individual rights, continue to influence modern ethical and policy debates.



Dimensions of Justice

  • Legal justice pertains to fair laws and impartial application.

  • Political justice focuses on inclusivity and equal participation.

  • Social justice seeks to prevent discrimination and ensure fair resource distribution.

  • Economic justice involves ending exploitation and fair wealth distribution.


Procedural Justice

  • Focuses on the fairness of the process or method of distributing resources, services, and goods rather than the outcome.

  • Emphasizes competence over need and promotes equal rules for all in society.

  • Aligns with market economies and capitalism, arguing these systems naturally allocate resources.

  • Advocated by thinkers like Herbert Spencer, F.A. Hayek, Milton Friedman, and Robert Nozick.

  • Suggests minimal government interference in market economics, public welfare, social security, and market regulation.

Criticism of Procedural Justice

  • Critics argue it is overly individualistic and neglects societal asymmetries.



Substantive (Social) Justice

  • Associated with Marxism and socialism, aiming for equal conditions for all, not just equal opportunities.

  • Challenges unrestricted economic competition, which leads to significant inequalities.

  • Believes economic disparities spill over into political, social, and cultural life.

  • Aims to distribute benefits to uplift the weak, deprived, and disadvantaged members of society.

Global Justice

  • Gained attention in contemporary political philosophy after 1980, focusing on three main issues: distributive justice, moral universality, and the role of major financial institutions.

  • Questions if wealthy nations have a moral responsibility to address global poverty and inequality.



  • Different approaches include nationalism, realism, particularism, cosmopolitanism, and the social of states tradition.

  • John Rawls proposed that global justice principles should apply universally, emphasizing international law, human rights, and international treaties.

  • Amartya Sen stressed equitable allocation of opportunities as part of global justice.

  • The UNDP proposed ideas to promote global justice, including global codes of conduct, new laws for international organizations, global central banks, and democratic operations of institutions.

Challenges of Achieving Global Justice

  • Requires comprehensive social, economic, and political reforms.

  • Developing countries must have a more significant role in shaping international economic policies.

  • Many issues, such as civil rights and environmental protection, are now global concerns.

  • Necessitates collective responsibility and cooperation among nations.



Rawls and his Critics

  • Justice is a fundamental concept with different historical interpretations.

  • Justice has legal, political, and socio-economic dimensions.

  • Procedural justice focuses on fair processes, while substantive justice addresses fundamental conditions and opportunities.

  • John Rawls' theory of justice, based on the original position and the veil of ignorance, aims to achieve a fair distribution of primary social goods.

  • Rawls' theory criticizes utilitarianism and revives the social contract tradition, seeking to ensure fairness behind the veil of ignorance.




In summary, procedural justice focuses on creating just rules and procedures, emphasizing individual autonomy and minimal state interference, while substantive justice goes further by also prioritizing equitable outcomes and advocating for state intervention when necessary to rectify injustices and maintain justice over time.




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