Concpet of Justice,,,,,,,,,,,,,,,,,,,,,,,,

concpet of Justice,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

1. Concept of Justice

2. Justice Protecting rights and punishing wrongs using fairness. It is possible to have unjust laws, even with fair and proper administration of the law of the land as a way for all legal systems to uphold this ideal. ( https:// thelawdictionary.org /justice / ) Blackstone stated that “Justice is not derived from the king as his free gift but he is steward of the public to dispense it to whom it is due. He is not the spring but the reservoir from whence right and equity are conducted by a thousand of channels to every individuals”

3. Justice is, or should be, benevolence. “Restoration of things as it is” is thought to be justice. Justice really involves doing well not only to human beings but to all that is good in nature Law is instrument of justice. Law is the principle which enunciates and declares what is just and thus ‘law’ and ‘justice’ are related. The courts of law are also called courts of Justice. But law may be actually what is far from the ideal, actually it may be even an unjust, though a good, law is, that is to say, good as a law.

4. Epistemologically, however, the notion of justice is related with human behaviors and it, as such, provides a set of indicators to define lawfulness or unlawfulness of human conduct. Justice is a just system of law which incorporates the practicable principles of natural justice in it. Justice should be administered according to the provision of law.

5. Justice must be: Just : It should be according to the law or should focus in the substantive part Fair : Procedural part must be fair Reasonable : It must be in access of every one Roscoe Pound “law is the body of principles recognized or enforced by public and regular tribunals in the administration of justice”. Salmond “Law may be defined as the body of principles recognized and applied by the State in the administration of Justice”

6. Aristotle’s Conception of Justice The term “Just” as used by Aristotle, has two separate meanings: In first meaning it is principally used to describe a conduct in agreement with the “law”; a conduct therefore, which conforms to and established, authoritative rule of human conduct; In short, it is used to describe a conduct which conforms to whatever constitutes an authoritative instrument of social and moral control. In this sense justice denotes “moral disposition which renders men apt to do just things and which cause them to act justly and to wish what is just”

7. In its second meaning : Justice signifies Equality, or to be exact, a “fair mean”. It is this meaning of Justice – “Justice in the narrower sense”, in which we are primarily interested since it constitutes that concept by means of which the law in action, and not merely the moral conduct of man, can be more specifically evaluated. In order to make clear the distinction between “Justice according to an authoritative rule” and “Equality”, Aristotle states that person whose conduct is “unjust”, who acts contrary to certain moral principles and therefore lacks virtue, is not necessarily unjust as far as the principle of Equality is concerned: that is to say “he need not be one who has or claims more that his fair due”

8. Justice in the sense of Equality has to do with external and commensurable things; it is concerned with the proportionate ratio of commensurable goods. Thus , a “just” wage is a wage proportionate to the type and amount of labor invested; it is one which is neither too great nor too little, but midway between the two extremes.

9. John Rawl’s Theory of Justice One of the most interesting modern attempts to defend principles of justice is John Rawl’s A theory of Justice. The conception of justice for which Rawls argues demands: The maximization of liberty, subject only to such constraints as are essentials for the protection of liberty itself. “Equality for all”, both in the basic liberties of social life and also in distribution of all other forms of social goods, subject only to the exception that inequalities may be permitted if they produce the greatest possible benefit for those least well off in a given scheme of inequality. “Fair equality of opportunity” and elimination of all inequalities of opportunity based on birth or wealth.

10. Justice is the first virtue of social institutions , as truth is to systems of thought . A theory however elegan t and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed if they are unjust .

11. Justice is a concept of moral rightness based on ethics, rationality, law, religion, equity or fairness as well as the administration of the law, taking into account the inalienable and inborn rights of all human beings and citizens, the right of all people and individuals to equal protection before the law or their civil rights, without discrimination on the basis of race, gender, sexual orientation, gender identity, national origin, color, ethnicity, religion, disability, age or other characteristics, and is further regarded as being inclusive or social justice.

12. Types of justice Distributive justice Procedural justice Restorative justice Retributive justice

13. Distributive justice It means fair allocation of common advantages and sharing of common burdens within the society Distributive justice means a justice in the fairness of distribution of something or fairness in what people receive. It is also known as economic justice, is about fairness in what people receive. It is at the roots of Communism, where equality is a fundamental principle. For eg . Right to equality,

14. Procedural Justice Procedural justice means fairness in how a decision is made. If people believe that a fair process was used in deciding what it to be distributed, then they may well accept an imbalance in what they receive in comparison to others. If they see both procedural and distributive injustice, they will likely seek restorative and or retributive justice. It is important to emphasize that procedural justice deals with the fairness of how we gather information or make decisions, not with what information we gathered or the decision we make.

15. Restorative justice The first thing that the betrayed person may seek from the betrayer is some form of restitution, putting things back as they should be. The simplest form of restitution is straight forward apology. Restoration means putting things back as they were, so it may include some act of contrition to demonstrate one is truly sorry. This may include action and even extra payment to the offended party. It is also known as corrective justice.

16. In restorative justice; there are three parties to be considered: Victim Offender Community Essentials in restorative justice: Restoration Reparation Compensation Reintegration

17. Retributive justice Tit for tat Restoration may well not be enough for the betrayed person and they may seek revenge of some sort, where by they can feel the satisfaction of seeing the other person suffer in the way they have suffered.

18. Constitutional provisions Article 20: Rights relating to justice Article 42 : Right to social justice