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B.A 1st Sem Political Science Minor Unit 5 Justice
B.A 1st Semester Political Science Unit 5 Justice Solution English Medium | Guide for B.A First Semester Political Science Minor Unit 5 Also Same NCERT Solutions for B.A 1st Sem Political Science In this post we will explain to you what to try If you are a Student of English Medium then it will be very helpfull for you. NCERT/SCERT, B.A 1st Sem Political Science Chapter 5.
Unit 5 Justice
CONCEPT IN POLITICAL THEORY – II
VERY SHORT TYPE QUESTIONS & ANSWERS:
1. What do you mean by Justice in political Science?
Ans: Justice is the most important and most discussed objective of the State and Society. It is the basis of orderly human living. It stands for harmony between individual interests and the interests of society. Just ce is of central importance to political theory.
2. What are the 4 types of justice?
Ans: The 4 types of justice are commutative, distributive, legal, and social.
3. What are the 3 principles of legal system?
Ans: The three main principles of the legal system are fairness, equality before the law and justice. The legal system and lawmakers strive to achieve equal outcomes for all and equal protection of its citizens by making fair and just decisions.
4. What is Socrates theory of justice?
Ans: In response to Thrasymachus, Glaucon, and Adeimantus, Socrates seeks to show that it is always in an individual’s interest to be just, rather than unjust. Thus, one of the most pressing issues regarding the Republic is whether Socrates defends justice successfully or not.
5. How does Aristotle define justice?
Ans: The entire Greek political thought revolves around the important concept of justice. But for Aristotle, justice is of two types, viz., universal justice and particular justice. The former refers to obedience to laws, that one should be virtuous.
6. What is individual justice?
Ans: Individual Justice to be a tenet not focused on individuals, but on society at large. In that vein, justice addresses how benefits and burdens are shared by members of a society.
7. How are justice and injustice related?
Ans: Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situation, or to a larger status quo. In Western philosophy and jurisprudence, injustice is very common-but not always.
8. What does justice mean in religion?
Ans: Education is a human right. It prepares human beings for life, helps to develop individual abilities and opens up social opportunities-e.g., earning one’s own living. The Christian religion established a basis for social life, and thus deals with religious and moral justice.
9. What does justice mean in law?
Ans: Fairness, Moral rightness, and Scheme or system of law in which every person receives his or her due from the system, including all rights, oth natural and legal. One problem is that attorneys, judges and legislatures ten get caught up more in procedure than in achieving justice for all.
10. What are the characteristics of justice?
Ans: Compassion, empathy, and respect for the essential dignity of all cons, Courtesy, Patience. Moral courage and high ethics. A reputation onesty, integrity and fairness.
11. what is morality justice?
Ans: Ethics of justice, also known as morality of justice.
12. What is the virtue justice?
Ans: Justice is one of the four cardinal virtues in classical European philosophy and Roman catholicism. It is the moderation or mean between selfishness and selflessness-between having more and having less than one’s fair share.
13. What is the purpose of justice?
Ans: ‘The purpose of the Criminal Justice System is to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending.
14. What is meant by political justice?
Ans: Political justice refers to the use of the judicial process for the purpose of gaining (or upholding or enlarging) or limiting (or destroying) political power or influence. It may accompany or confirm political or military action, or it may be a substitute for such action.
15. What is justice in ethical principle?
Ans: Justice is a complex ethical principle, with meanings that range from the fair treatment of individuals to the equitable allocation of healthcare dollars and resources. In light of the challenges inherent in defining Justice, it is fair to say that it is a concept involving fairness, equality, and equitable treatment.
SHORT TYPE QUESTIONS & ANSWERS:
1. Explain the term “justice” State the platonic concept of Justice.
Ans: The word ‘Justice’ has been derived from Latin word ‘Jus’ which means Bond or Tie. It means Justice is the system where in all individuals are related to each other. Justice is connected with the face as to what type of moral, social, economic, political and legal relations ad individual has with the other individuals.
(a) According to Salmond, ‘Justice means to give individual his due share.’
(b) According to Merriam ‘Justice consists in a system of understanding and procedures through which is accorded what is agreed upon as fair.’
In brief Justice requires a just state with the condition of morality.
The Greek Philosopher Plato gives a philosophical interpretation of Justice in his a life of people confirming to the rule of functional specialisation simply it is means that one man should practice only one thing to which his nature is best suited. It signifies doing your own work and not meddling with what belongs to others.
Plato’s Justice is also related to social order. He explains Justice for the individual as well as the state on the basis of his tripartite theory of appetite courage and wisdom.
For Plato there are 3 classes in a society corresponding to the three elemental of the soul.
The classes are:
(a) The Producers
(b) The military and
(c) The ruler.
Justice means maintenance of harmonious order between these classes. When each class minds if own business and does not meddle with the job of others. There is Justice is the state. In the individual Justice consists in keeping a balance between different elements.
2. Write the two major concepts of justices in the context of history of idea?
Ans: In the History of clears, there are two major concept of Justice.
(a) Numerical Justice of law: It gives equal share to all Bentham said ‘Every one’ is to counts for one unequal would be treated as equal. When the holding of an office did not call for any special knowledge or qualification, Modern liberal democracies are also based on this principal. Rich or poor, illiterate of literate employ can all have the right of single vote.
(b) Geometrical concentric of Justice: Plato and Aristotle favoured this concept of Justice. It is a concept of proportionate equality. It means equal share to equals and the qual to unequals. According to Aristotle it should distributed any among those who have the capacity for flute playing.
Numerical Justice is sometimes called democratic Justice and geometric Justice is equated with aristocratic Justice.
3. What steps would you suggest to ensure social justice in a modern state?
Ans: The concept of social Justice existed even in the ancient time. Social Justice implies citizens from the social points of view. They should have all opportunities for self development. For the establishment of social Justice, it is essential that political authority through this legislative and executive established society based on equality. The social Justice exist in a society where all the individuals are equal.
There are many provisions is our constitution in the chapter of Directive Principle.
Some of these provisions are:
(i) The article 40 says that the state shall within the limits of its economic capacity make provisions for securing the right to work, to education and for public assistances in areas of unemployment old age, sickness etc.
(ii) Article 42 says that the state shall make provisions for securing just and human conditions.
(iii) Article 46 says that the state shall promote the educational and economic interests of the weaker sections of the society, particularly SC and ST and shall protect then from social injustice.
(iv) Article 39 A added by the 42nd amendment act say that the state shall try to secure justice and free legal aid to citizens.
4. What measures have been taken by the Indian Government to secure social justice to the citizens?
Ans: Indian Government has tried to establish the social Justice to its citizens. At the time of independence in 1947 India was a poor country.
Due to the economic stagnation under the British and the growth of many patterns of inequalities based on caste and religion. The Indian constitution proclaims that the Democratic Republic of Indian stands committed to securing to all its citizens, Justice social, economic and political. The preamble of the Indian constitution declare the objectives to ensure the social, economic and political Justice.
Since Independence various programmes have been started to tackle the Problem of Poverty. The Antyodaya schemes for upliftment of the poorest probler Development agency programmers, Five year plans and many other programmes have been launched by the government. Special steps have been taken to improve the social status of the back words and their economic condition. To improve the social status of schedule caste (SC) and scheduled Tribes (ST), the center and the state government have positively discriminated in their favour by giving them in preferential treatment in school, colleges and employment posts have been made reserved in favour of backward classes.
5. What are the features of Justice? Discuss briefly.
Ans: Firstly, the concept is related to dealings amongst human beings. It implies an examination as to how various human beings are being treated. Secondly, it implies impartiality in the treatment of various persons and requires that no discrimination should be made amongst the various members of the society ‘on the basis of religion, caste, sex, place of birth, family, etc.
Thirdly, justice does not essentially mean doing away with all types of discrimination. It does permit some sort of discrimination on reasonable grounds. For example, the special treatment promised to the backward classes under the Indian Constitution does not violate the concept of justice.
Fourthly, it emphasises the importance of personal dignity and all those actions which restrict the rights and freedom of the individuals as derogatory or unjust. However, this does not preclude imposition of restrictions on the freedom of the individual in the larger interest of the members of society.
Fifthly, the concept of justice is intimately connected with the concept of equality. Absence of equality. is considered as a violation of the principle of justice. For example legal justice implies equality before law.
sixthly justice implies the existence of a feeling of fraternity among the members of society.
Finally, justice implies due consideration of the natural limitations. As Brecht has said “It is unjust to inflict punishment or moral reproach for non-fulfillment of a law or command which is impossible of fulfillment”. In short, justice tries to reconcile the individual fights with the social good.
6. What is economic Justice? Describe the main texture of economic Justice.
Ans: According to Stan Alves, “Economic Justice is the provision of equal opportunities to the citizens to acquire wealth and to use if for their living. It is applied to those persons who are disabled or old or unemployed and therefore not in a position to acquire wealth should be helped by society to live.
Main textures of Economics Justice are as follows:
(a) Minimum basic needs: Economics Justice means to provide minimum basic needs to all the citizens of the state. This goes in the right direction. Without this the concept of democracy and political Justice been no meaning to a person who is even busy in meeting out the basic needs. He will under these circumstances, be continued to be exploited economically.
(b) Equal money for equal work: It means that equal wages be given for equal work. Workers in factories, peons and clerks in offices, or other workers should get equal money as wages.
(c) Work according to capacity: Economic Justice demands that a man should work according to his capacity and can earn sufficient money to meet out his basis needs. These two are interdependent.
7. What is social justice? Point out the relationship between law and justice.
Ans: Social justice implies the prohibition of discrimination and oppression on the basis of caste, sex, religion, colour etc. It prohibits the practice of untouchability. It tries to improve the socio-economic condition of the weaker section of the society. Social justice relates to the promotion of a just and equitable social order. Equality and liberty can be established with the help of social justice.
Law and justice are very much closely related. Justice implies a just and equitable social order. It is the law which ensure justice among the people of society. Law makes certain provisions by which justice is established firmly in the society. Law is the means and justice is the end. Law helps in achieving justice.
LONG TYPE QUESTIONS & ANSWERS:
1. Justice in modern times – Explain.
Ans: During the period between Renaissance and the French Revolution the concept of justice underwent a further change. As a result of the decline of the church and religion, greater importance was attached to humanism. Consequently practices like slavery inequalities, etc., came to be regarded as unjust and emphasis was laid on the principles of liberty, equality and fraternity. These three principles were the watch words of the French Revolution of 1789, It may he observed that upto this time no significance was attached to economic freedom, and freedom was taken purely in political terms.
David Hume and Bentham assigned a new meaning to the concept of justice and laid emphasis on the principle of the greatest happiness of the greater number. They asserted that the nature of the political institutions should be such that the greatest happiness of the greatest number of people can be achieved. Bentham not only opposed the idea of punishment but also emphasised the need of reforming the criminal.
In the nineteenth century Marx and Engels gave a new interpretation to the conception of justice. They interpreted justice in terms of economic system and the mode of production. They strongly condemned the oppression of the proletariat by the capitalist classes, and asserted that there could be no justice in a capitalist society which was based on inequality, oppression and exploitation. Justice could be possible only if there was equitable. Distribution of property, income and economic freedom. This could be possible only if the capitalist system of production was replaced by a socialist system. Only in the socialist system each individual of the society shall be able to get thing according to his requirements and real justice shall prevail.
Finally certain scholars like Laski and Maclver have tried to interpret the concept of justice in terms of development of individual’s personality This can be possible only through the combination of the principles liberty. equality and fraternity. Justice implies the co-ordination synthesis of relations between the various individuals and the social systems.
It is evident that the concept of justice is not static and has bee undergoing changes with the development of civilization. It is noteworthy that the concept is closely related with the social behaviour and the social system and to a large extent the contents of justice have bee determined by these two. In other words the concept of justice has undergone changes with the change in the social notions of the people.
2. What do you mean by Distributive Justice? Discuss about the Principle of Distributive Justice.
Ans: Principles of distributive justice: Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.
Strict Egalitarianism: One of the simplest principles of distributive justice is that of strict or radical equality. The principle says that every person should have the same level of material goods and services. The principle is most commonly justified on the grounds that people are owed equal respect and that equality in material goods and services is the best way to give effect to this ideal. Even with this ostensibly simple principle some of the difficult specification problems of distributive principles can be seen. The two main problems are the construction of appropriate indices for measurement and the specification of time frames. Because there are numerous proposed solutions to these problems, the ‘principle of strict equality” is not a single principle, but a name for a group of closely related principles. This range of possible specifications occurs with all the common principles of distributive justice.
Difference Principle: The Difference Principle allows allocation that does not conform to strict equality so long as the inequality has the effect that the least advantaged in society are materially better off than they would be under strict quality. However, some have thought that Rawls, Difference Principle is not sensitive to the responsibility people have for their economic choices. Resource-based distributive principles, and principles based on what people deserve because of their work, endeavor to incorporate this idea of economic responsibility.
Welfare-based principle: Advocates of Welfare-based principles do not believe the primary distributive concern should be material goods and services. They argue that material goods and services have no intrinsic value and are valuable only in so far as they increase welfare. Hence, they argue, the distributive principles should be designed and assessed according to how they affect welfare. Advocates of Libertarian principles, on the other hand, generally criticize any patterned distributive ideal, whether it is welfare or material goods that are the subjects of the pattern. They generally argue that such distributive principles conflict with more important moral demands such as those of liberty or respecting self-ownership.
Utilitarian distribution principles: Utilitarian distribution principles,like the other principles described here, have problems with specification and implementation Most formulations of Utilitarianism require interpersonal comparisons of utility. This means, for instance, that we must be able to compare the utility one person gains from eating an apple with that another gains from eating an apple. Furthermore, Utilitarianism requires that differences in utility be measured and summed for widely disparate goods.
Desert-Based Principles: The different desert-based principles of distribution differ primarily according to what they identify as the basis for deserving. Most contemporary proposals for desert-bases fit into one of three broad categories:
Contribution: People should be rewarded for their work activity according to the value of the contribution to the social product. Effort People should be rewarded according to the effort they expend in their work activity.
Compensation: People should be rewarded according to the costs they incur in their work activity Aristotle argued that virtue should be a basis for distributing rewards, but most contemporary principles owe a larger debt to John Locke Locke argued people deserve to have those items produced by their toil and industry, the products (or the value thereof) being a fitting reward for their effort His underlying idea was to guarantee to individuals the fruits of their own labor and abstinence. According to the contemporary desert theorist people freely apply their abilities and talents, in varying degrees, to socially productive work People come to deserve varying levels of income by providing goods and services desired by others. Distributive systems are just in so far as they distribute incomes according to the different levels earned or deserved by the individuals in the society for their productive labors, efforts, or contributions.
3. Write a note on Rawls’s theory of Justice – Explain.
Ans: A Theory of Justice is a work of political philosophy and ethics by John Rawls. It was originally published in 1971 and revised in both 1975 and 1999. In a Theory of Justice, Rawls attempts to solve the problem of distributive justice (the socially just distribution of goods in a society) by utilising a variant of the familiar device of the social contract. The resultant theory is known as “Justice as Fairness”, from which Rawls derives his two principles of justice: the liberty principle and the difference principle.
Principle 1 (Principle of Equal Basic Liberties): Each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, scheme which is compatible with the same scheme of liberties for all.
Principle 2: (i. Fair Equality of opportunity; ii. Difference Principle) Social and economic inequalities are to satisfy two conditions: first, they are to be attached to offices and positions open to all under conditions of fair equality of opportunity; and second, they are to be to the greatest benefit of the least-advantaged members of society.
These principles are listed here in the order of their lexical priority. By “lexical priority”, Rawls means that the first principle must be fully satisfied before the next principle is applied. It means, for instance, that “liberty can be restricted only for the sake of liberty”, and not say, for the sake of income or wealth. It must, however, be noted in this context that Rawls assumes that society to which his principles of social justice are to be applied is one which is reasonably well-off and in which the basic material needs of all are provided for.
The main purpose of the rule of priority is to assign greater importance to equal basic liberties than to other primary social goods. In “basic liberties,” Rawls includes freedom of conscience, freedom of thought, freedom of the person along with the right to hold personal property, freedom from arbitrary arrest and detention or, in other words. the freedom of the rule of law, freedom of speech and assembly and political freedoms.
According to Rawls, these basic rights and liberties enable us to exercise and realize our “two highest order moral powers,” namely, (i) the capacity to understand, apply and act according to the principles of justice and (ii) the capacity to form, revise and pursue conceptions of the good.
In Rawls’s view, every member of a just society must be viewed as having these two moral capacities. These make them free and equal citizens.
The moral equality of citizens means that “they each have, and view themselves as having, a right to equal respect and consideration in determining the principles by which the basic arrangements of their society are to be regulated”. The freedom of the citizens includes their freedom to realise their capacity to pursue their own conception of the good life. Since the distribution of social primary goods will have to respect the equality and freedom and “fraternity” and welfare, etc. of all the members of society, it cannot strictly be an equal distribution across the board.
According to Rawls, once the basic material needs of the people are met, their right to basic liberties is to be accorded priority over their right to the other social primary goods, which are covered by the principle of equal opportunities and the difference principle. While he is opposed to any unequal distribution of basic liberties, he assumes that some inequalities in income and wealth are inevitable and perhaps not undesirable. Accordingly, the main purpose of his second principle of social justice is to keep inequalities within the bounds of justice-as-fairness. Obviously, the distinction between just or fair inequalities and unjust or unfair inequalities is of crucial importance in Rawls’s theory of social justice.
Rawls thinks that excessive equality in income and wealth would destroy the economic incentives required for greater creativity and productivity This would be harmful to both the rich and the poor. From the standpoint of the poor, justice does not require the complete elimination of economic inequality, Rawls believes that certain inequalities, which serve as incentives for the greater creativity and productivity of the talented and the gifted, are not unjust if that greater creativity and productivity are integrated into a social structural or institutional arrangement for distribution to the benefit of all, especially the least advantaged members of the society. He also thinks that giving advantage to the least advantaged would invariably entail giving benefits to everyone else.
Rawls maintains that a society can so structure or restructure its basic institutions as to make inequalities in income and wealth yield maximum benefits to the least advantaged maximum in comparison to any reasonable, alternative social restructuring. His difference Principle is meant not to replace inequality with equality in income and wealth, but to transform unfair or unjust degrees or kinds of economic inequalities into a fair or just kind or degree by maximising the benefits of the least advantaged. According to the difference Principle, inequalities which are advantageous to the better off but not to the least advantaged are unjust.
Rawls’s principle of fair equality of opportunity stipulates that the state should ensure fair equality of opportunity in the educational, cultural and economic spheres as well as provide unemployment and sickness benefits. These require an interventionist, welfare state to run or aid schools, to regulate the economy, etc.
The principles of justice, which we have discussed so far, have been described by Rawls as “special” formulations of a “general” conception of justice. This general conception is stated as: All social primary goods -liberty and opportunity income and wealth and the bases of self-respect are to be distributed equally, unless an unequal distribution of any or all of these goods is to the advantage of the least favoured.
4. Define justice. Discuss different kind of justice.
Ans: The word justice is derived from Latin word justice, which means joining or fitting. In simple, justice means giving everyone his or her due. According to Plato, justice is the performance of one’s duty effectively and sincerely. According to Aristotle justice means reason minus passion In modern time, justice means fulfillment of the legitimate expectations under the provisions of law. Justice enables citizen to protect their rights It is the source of democratic principles like equality, liberty and fraternity. It refers to the promotion of a just and equitable social order. There are several kinds of justice.
The different kind of justice as follows:
(i) Social justice: Social justice implies the absence of discrimination on the basis of caste, religion, colour, sex, language etc. Social justice includes recognition of equality and protection of weaker section of the society.
(ii) Economic justice: Economic justice implies the right to work and livelihood. It implies that all the people should be free from starvation, hunger and unemployment in the society. Economic justice can be secured through abolition of economic exploitation of any form and eradication of unemployment and poverty. Economic justice is the most important form of justice through which goal of socialism can be established.
(iii) Political Justice: Political justice means equal opportunity for all in the political sphere. It includes right to vote, rule of law, right to apply for government jobs and offices. It means equality in the enjoyment of political rights. It also means equal share in the government and equal access to all offices of authority. Political justice is the main aim of democratic rule. It implies giving every person in the society, irrespective of caste, sex, religion and education, equal opportunity in the participation of political affairs. Political justice also implies the right to raise voice against injustice and corruption.
(iv) Legal justice: Legal justice means justice by law. Law provide justice in the society. Legal justice means everyone is equal before law and no individual can be punished without the provisions of law. An individual can be punished only when he or she violates the provisions of law. A person can be punished according to the degree of his offence.
(v) Distributive justice: The concept of distributive justice was used by Aristotle. It means offices and honours should be distributed according to his contributions towards society.
(vi) Corrective justice: Another kind of justice is corrective justice. It means helping a person to whom some wrong has been done. For example, to restore a person’s property which have been forcibly taken away without any genuine cause.
5. Discuss Plato’s theory of Justice.
Ans: The great political philosopher of Greek, Plato discussed the theory of justice in his book, “The Republic”. The word ‘justice’ is derived from a Greek word “Dikaiosune.” The word “Dikaiosune” is used in a wider sense in comparison with the general term justice. But Plato has developed his own theory of justice after he studied the theories of justice forwarded by Cephalus, Thrasymachus, Glaucon and Polemarchus. Plato advocates the theory of justice with the help of his ideal state.
According to Barker, “the will to concentrate on one’s own sphere of duty and not middle with the sphere of others; and its habitation, therefore, it is in the heart of every citizen who does his duty in his appointed place” Plato tries to embody the true liberty. Justice is the condition of every other virtue of the state. Justice rests with specialization of functions and concentration on duty. Justice consists in the citizen’s sense of duty. Plato’s conception of justice gives importance on the performance of duty by the individuals towards the state. Plato’s justice does not embody a conception of right but of duties though it is identical with true liberty. In fact, justice is the true condition of the individual and of the state. Philosopher king of the platonic ideal state is a man of reason, where he derived the individual soul in to three elements.
They are:
(i) Reason.
(ii) Spirit.
(iii) Appetite.
These three elements keeps the individual within their proper bounds. In the ideal state justice is the bond which unites men in the state. Every individual must perform their duties according to their merit and concentrate on efficient performance of responsibility only. Then justice will automatically prevail in society.
6. Discuss Aristotle’s concept of Justice.
Ans: The whole Greek Political thought centred round the conception of justice, Like other Greek Political thinkers Aristotle also stressed on gre importance of the justice in the state.
According to him justice is a related term. It is related with both persons and things. He defines, “Justice as a relation between persons as well as things and just distribution. It embracers all persons and things.”
Kinds of Justice: Aristotle classified justice in to four classes.
They are-
(i) Complete justice: It is concerned with moral virtues and excellence of character of individual. It depends upon the moral virtues It is said that if the people strictly adhere to law, there will be complete justice.
(ii) Particular justice: Proper distribution of wealth and honour is called particular justice.
According to Aristotle, particular justice is mainly concerned with the distribution of offices.
(iii) Distributive justice: According to Aristotle distribute justice consists in proper allocation of award to everyone according to his worth or ability.
(iv) Corrective justice: It is a negative conception. According to this justice one should do his allotted work one should not interfere with other works.
Aristotle’s conception of justice is not free from criticism. It is criticized by various writers and termed it as unsuitable for modern big state.
7. Write the two major concepts of justices in the context of history of idea?
Ans: In the History of clears, there are two major concept of Justice.
These are as follows:
(a) Numerical Justice of law: It gives equal share to all Bentham said ‘Every one is to counts for one unequal would be treated as equal. When the holding of an office did not call for any special knowledge or qualification, Modern liberal democracies are also based on this principal. Rich or poor, illiterate of literate employ can all have the right of single vote.
(b) Geometrical concentric of Justice: Plato and Aristotle favoured this concept of Justice. It is a concept of proportionate equality. It means equal share to equals and the equal to unequals. According to Aristotle illiteshould has distributed any among those who have the capacity for plute playing.
Numerical Justice is sometimes called democratic Justice and geometric Justice is equated with aristocratic Justice.
Notes of B.A First Semester Political Science Unit 5 | B.A 1st Sem Political Science Minor Notes In this post we will explain to you B.A 1st Sem Political Science Chapter 5 Question Answer | BA 1st Sem Political Science Question Answer Unit 5 If you are a Student of English Medium then it will be very helpfull for you.
Note- If you find any mistakes in this UNIT, please let us know or correct them yourself. Thank you.