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Concept of Justice

Introduction

Man has been continuously struggling for the maintenance of justice. In democratic systems, justice is given the highest place. One of the most important functions of states is to ensure justice to their citizens. Every state must always possess the capability to administer justice according to its legal system. Even in ancient states, one of the primary duties of rulers was to guarantee justice to their subjects. Justice is one of the most important moral and political concepts. The word comes from the Latin jus, meaning right or law. … Aristotle says justice consists in what is lawful and fair, with fairness involving equitable distributions and the correction of what is inequitable. Concept of justice is as old as the political theory itself. Different interpretations are given to justice from time to time. Some writers regard justice as virtue while others hold it for equality’ Some consider it as rule of law’. Justice is not only an integral part of political but also of ethics, law, philosophy, etc.

Meaning of Justice

In the most typical terms, justice is an ideal representing something that’s just and right. It primarily means being just, impartial, honest and right. what’s just could rely upon the context, however, its demand is important to the thought of justice. For example, the natural law school of jurisprudence believes that justice means that the implementation of nonsecular laws. On the opposite hand, modern jurisprudence says justice suggests that the implementation of ideas like equality and liberty. However, in each of these examples, justice just suggests that social control of what the law perceives to be right. In the modern context, justice primarily suggests that the popularity and implementation of laws created by legislatures. furthermore, within the modern context, in contrast to ancient states, this performance lies largely on judicial organs. According to Salmond, laws are the bodies of principles that tribunals acknowledge and apply whereas administering justice. Even Roscoe Pound defines laws to mean principles that public tribunals acknowledge and enforce. Therefore, justice generally means the recognition, application, and enforcement of laws by courts. this is often totally different from the understanding of justice within the ancient period when it was given a religious and moralistic meaning. Justice is the most important and most discussed objective of the State, and Society. It is the basis of orderly human living. Justice demands the regulation of selfish actions of people for securing a fair distribution, equal treatment of equals, and proportionate and just rewards for all. It stands for harmony between individual interests and the interests of society. Justice is of central importance to political theory. In defending or opposing laws, policies, decisions and actions of government, appeals are made in the name of justice. Persons involved in every agitation for securing their interests always raise the slogan: “We want Justice”. All civil rights movements are essentially movements for justice

Types of Justice

Distributive justice

Distributive justice, also referred to as economic justice, is regarding fairness in what people receive, from goods to attention. Its roots are in social order and it’s at the roots of socialism, wherever equality may be a fundamental principle.If people don’t assume that they’re obtaining their fair share of something, they will look for first to achieve what they believe they deserve. they’ll well also seek other kinds of justice.

Procedural justice

The principle of fairness is additionally found within the idea of fair play (as hostile the justifiable share of distributive justice). If people believe that a fair method was utilized in deciding what it to be distributed, then they may well accept an imbalance in what they receive as compared to others. If they see each procedural and distributive injustice, they’re going to likely seek restorative and/or retributive justice.

Restorative justice

The first factor that the betrayed person could seek from the betrayer is a few forms of restitution, putting things back as they ought to be. The simplest form of restitution could be a straightforward apology. Restoration means that putting things back as they were, therefore it’s going to include some act of contrition to demonstrate one is really sorry. this might include action and even extra payment to the offended party. Restorative justice is additionally known as corrective justice.

Retributive justice

Retributive justice works on the principle of punishment, though what constitutes fair and proportional penalization is widely debated. whereas the intent may be to dissuade the offender or others from future wrong-doing, the re-offending rate of the many criminals indicates the limited success of this approach. Punishment in practice is more concerning the satisfaction of victims and those who care regarding them. This strays into the realm of revenge, which might be repeatedly more severe than reparation as the hurt party seeks to make the opposite person suffer reciprocally. In such cases ‘justice’ is often outlined showing emotion rather than with intent for fairness or prevention.

Conclusion

We can conclude that justice is concerned with human welfare and the protection of reasonable interests. It can be experienced only when each citizen will perform his duties in the right perspective. A just society is a society where every individual gets legal. Political, social, economic justice. For every just society, there should be a proper combination of equality liberty, and justice. Because there is a close relationship between them and in the last individual is the subject matter of these concepts.

About the author –

This article is authored by Prabhjot Singh, third year B.B.A. LL.B. (H) student at Galgotias University, Greater Noida.

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