Topic: Justice – As a cocept

1. INTRODUCTION

The concept of justice is based on many different fields, and many differing viewpoints
and perspectives including the concepts of moral correctness based
on ethics, rationality, law, religion, equity and fairness. Justice, in its broadest context, is
basically a philosophical discussion that is continuing till now with consistency and
certainty. However, the general discussion of justice is divided into the different parts
such as social justice as found in philosophy, theology and religion, and procedural
justice as found in the study and application of the law. Every culture has different
perspective on concept of justice. Throughout history various theories have been
established. Thinkers in the social contract tradition argued that justice is derived from the
mutual agreement of everyone concerned. Justice now is an integral and important part of
the Indian democracy because in India people are sovereign and powerful.

1.1. AIMS AND OBJECTIVES

Aims and objectives of this project is to understand the various concept of justice that has
been said by the ancient philosoper.

1.2. RESEARCH METHODOLOGY

Researcher has done doctrinal research on the topic ‘justice - as a concept’ and was solely
depended on primary data.

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 2. WHAT IS JUSTICE AND ITS CONCEPT?
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Justice means, the exercise of authority in absolving of right of the people by assigning
reward or punishment in honest and fair way and root idea of the word “justice” is “Jus"
meaning joining or fitting.

Where as, its concept basically means, ‘justice’ that is perceived by the different societies
and communities of the world. The concept of justice is not static, the concept of justice
has changed from time to time with the changes in the society. Justice is an evolutionary
concept and is still evolving. The concept of justice is related to dealings amongst human
beings. It emphasises on the concept of equality. It requires that no discrimination should
be made among the various members of the society. Justice assumes the key role of an
adjuster and synthesiser. It reconciles the claims of one person with another.

3. CONCEPT OF JUTICE FROM THE POINT OF VIEW OF KARL

MARX.
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According to Karl Marx, majority class were ruling by the minority class and state was
exploitative in nature, he said all the worker all over the world should unite against the
minority class for their right and state used to support Bourgeois class that was rich. The
concept of justice in a capitalist society is based on the capitalist mode of production and
the capitalist relations of production. It carries the result that justice has meaning for those
only who own the means of production. According to Marx, the positive law of the state
is imposed on its members by the authority of the class which controls the means of
production. Therefore, the idea of justice and its content varies with the economic interest
of the ruling class.

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https://shodhganga.inflibnet.ac.in/bitstream/10603/67805/6/06_chapter%202.pdf
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https://books.google.co.in/books?
id=xmdltABRd2MC&pg=PA73&lpg=PA73&dq=CONCEPT+of+justicce+by+karl+MARX&source=bl&ots=C
3WN_DoPRO&sig=ACfU3U3YFthnRuK3tCRij-
dgC27m04xnJg&hl=en&sa=X&ved=2ahUKEwjVne3kkOrkAhUL6XMBHa6cBCcQ6AEwEnoECAkQAQ#v=
onepage&q=CONCEPT%20of%20justicce%20by%20karl%20MARX&f=false

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 4. 3CONCEPT OF JUSTICE FROM THE POINT OF VIEW OF
ANCIENT GREECE.

The Greek concept of justice was closely related to ethics. All the Greek philosophers had
defined the concept of justice in different ways that is according to Cephalus, justice
consists of repaying one's debt and telling the truth, Polemarchus defines justice as giving
what is due to every person in society.

 PLATO
Plato rejected all these concepts of justice. Plato believed in the natural inequality
of men and accordingly, he advocated the class system through which he divided
people into four categories, namely, the ruling class the military class, the
producing class and other craftsmen. Plato said that every man has specific
functions and should confine his activity to the proper discharge of his functions.
Justice, according to Plato is the quality of the soul. Plato conceived of an ideal
state based on justice. Plato’s perfect justice is, to a great extent synonymous with
morality and therefore, exist only in an ideally constituted community. Plato
mentioned two other kinds of justice known as individual justice and legal justice
but Plato's justice is in no way concerned with the judicial system.

 ARISTOTLE
Though influenced by Plato, differed from him in many ways. According to him,
"Justice is a social virtue which is concerned with relationships between persons.
Thus Aristotle introduced equity in the administration of justice. Moreover he
classified justice in two categories, namely, distributive and corrective justice.
According to the principles of proportionate equality, when justice deals with the
distribution of right, honours, goods etc. to the citizen it is called the distributive
justice.
Another kind of justice, according to Aristotle, is corrective justice which implies
making good the loss of a person to whom some wrong has been done. Corrective
justice stands against injustice. The term "unjust" according to Aristotle, applies

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 both to man who breaks the law and the man who takes more than his due, the
unfair man. Hence, it is clear that the law-making man and the fair man will both
be just.

5. 4CONCEPT OF JUSTICE FROM THE POINT OF VIEW OF

ROME.
The Roman lawyers were influenced by the Greek philosophy to a great extent Many
Roman political thinkers developed different theories of justice. Cicero was a lawyer and
a statesman of 106-43 B.C. who was profoundly influenced by Plato and Aristotle. He
was the only Roman political thinker who exercised tremendous influence throughout the
middle ages. Cicero advocated that justice is a natural law which does not depend upon
the consent of man. It is not brought into existence by convention and is not devised by
men for the advancement of their benefit It is unchangeable and eternal. It is binding upon
all men and all nations legislations should conform to it. It commands men to perform
their duties and also restrains them from doing wrong things which is of universal
application, God is the author of this law, its interpreter and enforcing judge.
Disobedience to this law is disobedience to one's own nature and should be punished.
Cicero's law of nature is the law of God. He says that the main function of the state is to
give effect to the principle of justice.

6. CONCEPT OF JUSTICE FROM THE POINT OF VIEW OF

ANCIENT INDIA

The discussion about the concept of justice will not be complete without reference to the
ideas of philosophers of ancient India The Hindu legal system is embedded in Dharma as
propounded in the Vedas, Puranas, Smritis and other works on the topic The word
Dharma is used to mean justice (Nyaya), what is right in a given circumstance, moral,
religion, pious or righteous conduct, being helpful to living beings, giving charity or alms,
natural qualities or characteristics of properties of living beings and things, duty, law and
usage or custom having the force of law, and also a valid Rajashasana (royal edict) Thus
the Indian or Hindu concept of justice is to preserve or conserve a just, social order. From
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 the "Varna" system of the Indian society the concept of justice can be drawn out easily.
Justice or Dharma stood for the Varna system. This concept of Varna system is similar to
Platonic concept of justice to some extent. In Hindu thought the State or King is the
protector of Varna The four fold division of society existed at that time are - Brahmins
Kshatriyas, Vaishyas and Sudras. Brahmins are like "the lovers of wisdom', in Plato,
Kshatriyas are like the warriors, in Plato, Vaishyas are like the appetite element in Plato
and Sudras are also the slave class m Plato - unfit for any work except to serve others.
The discussion about the Indian concept of justice will not be complete without the
concept of justice explained by Manu and Kautilya Both of them were in favour of
protection of social order in accordance with the system of Varna and Dharma.

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6.1. CONCEPT OF JUSTICE BY MANU

The "Smriti" or the code of Manu forms an important landmark in the legal history of
India. The systematic and cogent collection of all rules of Dharma Sastras, covering all
the branches of law then in force and the simple language and great clarity in its
composition made the Manusmriti the most authoritative source of ancient Hindu
jurisprudence.) The word "Dharma" is used to mean justice (Nyaya). Manu says Dharma
protects those who protect it. Those who destory Dharma get destroyed. Therefore,
Dharma should not be destroyed so that we may not be destroyed as a consequence
thereof. The entire concept of Rule of Law is incorporated in the principle laid down in
this concept of Justice Justice regulates the mutual obligation of individual and the
society Manu warns, "Do not destroy Dharma, so that you may not be destroyed" In this
way, Manu establishes the importance of justice by pointing out that justice being
violated, destroys justice, being preserved preserves. Therefore, justice must not be
violated lest violated justice destroy us. He believes that justice remains with a person not
only in his lifetime but after death also. Manu entrusts the King of a state the major
responsibility of administering justice on the basis of law. Manu tries to make justice
lawful, impartial and honest which is clear from the system of lawsuit provided by Manu
himself. He gives emphasis to evidence and the honesty of witness in lawsuits. According
to him trustworthy men of all the four varnas may be made eye witness to lawsuits. He
prohibits some sections of the society from becoming witness in any case and they are

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 King, the actors, a strotriya, an ascetic, a wholly dependent man, a man of bad frame, an
aged man, an infant, man of lowest class, a thief etc.

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6.2. CONCEPT OF JUTICE BY KAUTILYA

The Arthasastra of Kautilya occupies the most important place in the legal and
constitutional history of India. The author of this work is Chanakya or Vishnugupta, who
was the Prime Minister of the Magadha Empire during the reign of Chandragupta
Mauryas, has made Arthasastra an encyclopedia of statecraft and legal system for the
guidance of all concerned which covered the topics relating to law, constitutional law and
other affairs of the state. Kautilya was the first ancient law giver who gave every man and
woman the right to move the court of law. He says law in the hands of ignorant people
gets tampered and becomes incomplete. He prescribes a panel of three members
acquainted with sacred law and three ministers of the King to carry on the administration
of justice. He prescribes for judicial organisation and procedure with a high sense of
honesty and impartiality.The present judicial system is based on this type of judicial
organisation which is conducive to a sound judicial system. This great work remained
untraced till it was unearthed by Dr R. Shamasastry of the Oriental Research Institute,
Mysore. He translated this work and published it in 1915. The above discussion clearly
reveals that the ancient Indian concept of justice as well as Plato's concept of justice is
conservative and aristocratic in nature whereas modern concept of justice is liberal and
democratic in nature.

7. CONCEPT OF JUSTICE BY RAWLS

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It has been argued that 'systematic' or 'programmatic' political and moral philosophy in
the West begins, in Plato's Republic, with the question, 'What is Justice?' According to
most contemporary theories of justice, justice is overwhelmingly important: John

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 John Rawls, A Theory of Justice (revised edn, Oxford: Oxford University Press, 1999), p. 3

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 Rawls claims that "Justice is the first virtue of social institutions, as truth is of systems of
thought." In classical approaches, evident from Plato through to Rawls, the concept of
'justice' is always construed in logical or 'etymological' opposition to the concept of
injustice. Such approaches cite various examples of injustice, as problems which a theory
of justice must overcome. A number of post-World War II approaches do, however,
challenge that seemingly obvious dualism between those two concepts. Justice can be
thought of as distinct from benevolence, charity, prudence, mercy, generosity,
or compassion, although these dimensions are regularly understood to also be interlinked.
Justice is the concept of cardinal virtues, of which it is one. Metaphysical justice has often
been associated with concepts of fate, reincarnation or Divine Providence, i.e., with a life
in accordance with a cosmic plan. The association of justice with fairness is thus
historically and culturally inalienable.

8. 8KINDS OF JUSTICE
Justice is an evolutionary process as it changes with time that it is not static in nature. As
we have already seen the concept of justice from the point of view of different societies
and philosophers, according to those views justice can be classified into certain kinds
such as:

a) Natural justice
b) Economic justice
c) Social justice
d) Political justice
e) Legal justice
f) Distributive justice
g) Corrective justice

a) NATURAL JUSTICE

Man as a member of society has to mould his behaviour so that he can act in a proper way
without disturbing the feelings of others Thus to mould the behaviour of an individual to
his fellow beings in accordance with the laws of nature implies natural justice. The word
"nature" literally means the innate tendency or quality of things or object and the word

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 "just" means upright, fair or proper so the expression "natural justice" would mean the
innate quality of being fair. It is another name of common sense justice meaning thereby
natural of what is right and what is wrong. Justice Sarkaria has stated. The phrase is not
capable of a static and precise definition. It cannot be imprisoned in the straight jacket of
cast-iron formulae. Historically, natural justice has been used in a way, which implies the
existence of moral principles, of self-evident and unarguable truths. In course of time,
judges nurtured in the traditions of British jurisprudence often invoked with a reference to
"equity and good conscience". Legal experts of earlier generations did not draw any
distinction between "natural justice" and "natural law". Natural justice was considered as
that part of natural law which relates to the administration of justice. On making the
above observation Sarkaria, J. has observed "Rules of natural natural ideals and human
values the administration of justice is here freed from the narrow and restricted
considerations which are usually associated with a formulated law involving linguistic
technicalities and grammatical niceties. Rules of natural justice are not embodied rules
being a means to an end not an end in themselves, it is not possible to make an exhaustive
catalogue of such rules.

b) 9ECONOMIC JUSTICE

The concept of economic justice is very wide. Economic justice is nothing but a corollary
of social justice. It evolves equal economic values, opportunity and right for all and
prohibition of economic discrimination between man and woman in economic matters.
No other form of justice is realisable without being associated with economic justice. The
very concept of economic justice involves the idea of a socialistic pattern of society. The
ideal of Indian constitution is to establish a welfare state. Therefore, economic justice has
been accepted as one of the basic principles. Nehru said, "I trust this Constitution itself
will lead us to the real freedom that we have clamoured for and that real freedom in turn,
will bring food to our starving people, clothing for them, housing for them and all
manners of opportunity of progress". The Constitution makers' desire about the social
welfare activities to be undertaken by the government is reflected through the principles
of economic justice enshrined in the Preamble and the Directive Principles.

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 c) POLITICAL JUSTICE

Political justice prevails in a society where everyone has a share in the political process.
The state should establish political justice by creating conditions under which all
including the minorities find scope for exercising their political rights in pursuance of a
system of Universal Adult Suffrage, rule of law, achievement values as opposed to
ascriptive values. The essence of political justice as enshrined in the Constitution of
India, is the opportunity to all for taking part in the government of the state. The makers
of the Indian Constitution say that political justice involves Universal Adult Franchise
and no distinction on the grounds of religions, sex, caste, colour and the like in matters of
recruitment of public services. It also ensures reasonable reservations and safeguards for
the betterment of the minorities and other weaker sections of the society.

d) SOCIAL JUSTICE

Social justice may be regarded as an important factor of social transformation. Social

justice implies the absence of discrimination on the basis of caste, colour, religion etc. It
also prohibits forces creating artificial social barriers like those of untouchability. Social
justice demands equality along with liberty. Besides these, protection and improvement of
the weaker and downtrodden sections of the people, equitable distribution of the
necessities of life etc. constitute social justice. Social justice in a wider sense, demands
harmony and cooperation between labour and capital, a substantial minimum wage
according to the capacity of each industry and other incidental benefits that improve the
standard of living of the general people of the country.

e) LEGAL JUSTICE

Justice must be supported by law. Legal justice implies justice given according to law
which again implies equality before law. It means no one can be above the law and
everybody should be equally punished for equal crimes. Barker says that law ought to
have both validity and value. Validity stands for sanction of law and law draws its value
from justice. The courts of law can give legal justice. Thus the fundamentals of modern
justice are the codes of civil and criminal law, law of evidence, property and contract law,

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 procedure of trial, provisions for appeal to higher courts etc. All those were evolved from
the medieval concept of rude and crude justice based on the mood m mercy of the ruler or
similar self-styled despot.

f) DISTRIBUTIVE JUSTICE

Distributive justice is a concept that addresses the ownership of goods in a society. It

assumes that there is a large amount of fairness in the distribution of goods. Equal
work should provide individuals with an equal outcome in terms of goods acquired or
the ability to acquire goods. Distributive justice is absent when equal work does not
produce equal outcomes or when an individual or a group acquires a disproportionate
amount of goods.

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g) CORRECTIVE JUSTICE

Aristotle's account of corrective justice describes the form of the private law relationship.
Corrective justice treats the wrong, and the transfer of resources that undoes it, as a single
nexus of activity and passivity where actor and victim are defined in relation to each
other. Being concerned with structure not substance, Aristotle presents corrective justice
in formal terms, as an equality between the two parties to a bipolar transaction, in contrast
to distributive justice, which is a proportion in which each person's share is relative to a
distributive criterion. Although formal, Aristotle's account is not empty. It captures the
coherence of the private law relationship and the categorical difference between private
and public law. Because Aristotle omits to tell us what the transactional equality of
corrective justice is an equality of, his account must be supplemented by Kant's
philosophy of right.

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9. RELATIONSHIP BETWEEN JUSTICE AND LAW

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 Justice and law are closely inter-related. The end of law is justice. Bentham says that
justice is the immediate purpose of law and without an element of justice it will become
an instrument of oppression. The end of law is justice. In the legal sense, justice is
nothing but an application of law to particular cases. In this sense law would include
common law, enacted law, equity law or case law. If law is the instrument to maintain
order, justice is the end of the state. Though law and justice are intimately connected with
each other, there is difference between the two. When there is no legislation on any
matter, the court has to evolve some principle of customary law or equity and decide the
case. When there was almost no legislation, custom helped in shaping the judicial
decision. Law seeks to give justice, but law is not justice. Law generally cannot need the
ideal standard of justice. It is seen that in some places courts give law and not justice. The
courts of law give legal, not moral justice.

10. 12RELATIONSHIP BETWEEN JUSTICE AND

CONSTITUTIONAL GOVERNMENT

In every democratic state there are three separate organs to perform the state function.
They are - legislature, executive and judiciary like the other two organs of a government,
judiciary is also an important organ which plays a pivotal role in imparting justice to the
people Therefore, it becomes necessary to discuss about justice and constitutional
government. Daniel Webster in support of a judiciary bill said, "the maintenance of the
judicial power is essential and indispensable to the very being of the government. The
Constitution without it would be no constitution; the government no government.

11.CONCLUSION

Every culture has different perspective on concept of justice. The concept of justice is
based on many different fields such as on ethics, religion, law, rationality, fairness.
Justice emphasises on equality and it is an evolutionary process that changes from time to
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 time. People were divided into various classes. Ancient concept of justice was
conservative and aristocratic in nature where as modern concept of justice is liberal and
democratic in nature. It argued that all the men and women should be given opportunity
to be heard before the court of law without any discrimination on the basis of economical,
social and legal aspect.

12. BIBLIOGRAPHY

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article=1001&context=facultyworkingpapers
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1.0001/acprof-9780199665815-chapter-3

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