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1. THE CONCEPT AND VARIOUS THEORIES OF JUSTICE IN THE WESTERN THOUGHTS Sub: Judicial Process Prof. Nyatundo George Oruongo ULC Bangalore Presented by Pushpa B . Gavadi 1 ST Year LLM, II Semester ULC Bangalore

2. contents Introduction Development of Justice Various theories of justice conclusion

3. Introduction In democratic systems, justice is given the highest place. The word justice is derived from the latin word jus which means to bind' to contract. The Greek word for justice is Dike. It gives the meaning of nearer to righteousness. Justice means following of norms (customs). 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'.

4. Development Of Justice In the primitive society, the basis objective f justice was to inflict punishment on the offenders of a crime. The punishment was very severe, an eye for an eye and a tooth for a tooth was part of the administration of justice. the objective was to prevent the future crimes. Hence, the nature of justice in the primitive was purely negative. It is based on conventional morality or tradition or custom .

5. Plato's Theory of justice Plato opined that justice was something internal, justice exists in the individual and in the state. Justice was the bond which held a society together. It provides a pleasant union of individuals in accordance with one's natural fitness and training. Justice was both a public and private virtue because it conserves the highest good both of the state (polis) and the members, each of whom has found his life work in accordance with his natural fitness and his training.

6. Aristotle’s theory of Justice Aristotle while discussing justice distinguishes complete or universal justice from particular justice. Complete and universal justice: Complete justice is identifiable with moral virtue, i.e , obedience to law. The moral virtue regulates all public and social relation among men. Complete justice is such as exists people who are associated in common life with a view to self “sufficiency and enjoy freedom and equality. Particular justice: particular justice, on the other hand lies in the observance of rules of proportionate equality. particular justice exists in particular from governments such as oligarchy democracy.

7. Augustine’s theory of justice Augustine describes how and to what extent we are to distribute justice to others: Further, all men are to be loved equally. But since you cannot do good to all, you are to pay special regard to those who, by the accidents of time, or place, or circumstance, are brought into closer connection with you. For, suppose that you had a great deal of some commodity, and felt bound to give it away to somebody who had none, and that it could not be given to more than one person; if two persons presented themselves, neither of whom had either from need or relationship a greater claim upon you than the other, you could do nothing fairer than choose by lot to which you would give what could not be given to both. Just so among men: since you cannot consult for the good of them all, you must take the matter as decided for you by a sort of lot, according as each man happens for the time being to be more closely connected with you.

8. Thomas Aquinas Theory of Justice ". Aquinas names justice as a cardinal virtue, of which mercy, liberality, and pity are secondary in the sense that justice would encompass them all. He distinguishes between “commutative justice” from “distributive justice” in the following way: the former refers to the manner in which one individual interacts with another, privately, whereas the latter refers to the manner in which a community acts towards a single person in the way it distributes, proportionately, common goods, such as titles, resources, rights, opportunities. Aquinas goes on to argue that favouritism is opposed to distributive justice that justice should be meted out according to the merits of a cause.

9. Social Contract Theories Hobbes argues that we find ourselves in a state of nature where “every man is enemy to every man”, and thus, we are forced by pure self-interest to lay aside some of our powers and inclinations in exchange for protection under a more powerful magistrate, who metes out “justice” and confers rights in accordance with the rules of a social-agreement. David Hume held, like Aristotle, to a virtue theory—that justice is rooted in the passions or sentiments. However, he argues that the concept of “justice” only arises when we are faced with scarcity and we must answer the question of who will get what limited goods/resources are available, and on what basis. Hypothetically, if resources and benevolence were universal, then the concept of “justice” would not even exist.

10. Utilitarianism Theory of Justice Utilitarianism is a teleological ethical theory that seeks to maximize the greatest good for the greatest number. One criticism of many classical approaches to justice or at least, to retributive justice is that they are merely backwards-looking : they seek to correct some wrong that happened only after the fact. Utilitarianism, however, invokes a forward-looking principle: “It bids us maximize utility now for a future state of affairs”.

11. John Rawls Theory of Justice Rawls defines justice by asking us to imagine what we would take to be the rational rules of conduct from a perfectly neutral “original position,” where everyone assumes perfect equality, untainted by the knowledge of disparities of wealth, natural abilities, endowments, etc. As he believes that it is what every rational person would choose in “the original position,” Rawls advocates an equality of both liberty and opportunity .

12. Conclusion There have been several theories and ideological conflicts regarding the word “Justice” but despite of this there are several instances of injustice happening in our world. Justice and injustice are arch enemies of each other which cannot co-exist, further quoting MartinLuther King Jr. “Injustice anywhere is a threat to justice everywhere ”. Hence the only conclusive and correct statement is “Justice is the absence & removal of Injustices”.

13. Bibliography https://blog.ipleaders.in/concept-of-justice/ http://www.legalserviceindia.com/legal/article-2147-justice-and-its-theories-an-overview.html https://iep.utm.edu/justwest/

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