JUSTICE Ph : 01135531496
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MORAL CONCEPT OF JUSTICE
Concept of justice is as old as an idea of Plato who said
that harmony and balance in society is justice which
requires just moral virtuous human being. Law and
punishment is unnecessary for creating a just society.
PROCEDURAL JUSTICE
Neo-liberals like Hayek believe in procedural justice.
Nozick propounded entitlement theory which includes the
following features:-
(a)Property can be accumulated by a person because it is
natural.
(b)A person can transfer his property.
(c)Any illegal acquisition or property is unjust.
Procedural justice believe in the capacity and efficiency
and just procedures result into just result.
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SOCIAL JUSTICE 09899156495
Opposite to procedural justice social justice is known as
substantive justice too.
Concept of social justice is drawn from the idea of Richard
Tawney a British socialist. Nowadays, Brian Barry wrote a book
‘why social justice matters’ (2005). Social justice refers
economic and political justice too. It maintains equality of
opportunity. It believes in non-hierarchical society and
Rawlsian concept is also a notion of social justice.
REMEDIAL JUSTICE
Marxist and radical feminist propound the radical concept of
justice which believes in the restructuring of society and
economy and they oppose the distributive concept of justice
which accept the distribution of primary social goods in
society but want to retain the capitalist form of economy. On the
other hand, Marxist want to destroy capitalism and feminist are
looking for the destruction of patriarchy.
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DISTRIBUTIVE JUSTICE 09899156495
Aristotle said that justice is essentially an art of
distribution. He said that but distribution should be
based on capabilities or contribution of the person
towards society.
Person should receive in proportion of their
contribution for society. Therefore, it is known as
proportionate justice too. It is different
arithemetical justice which treats everyone is equal.
Neo-liberals believes distribution on the basis of
capability, efficiency. However, socialist favour the
distribution on the basis of need.
Nowadays, distributive justice is practiced in form of
inclusive policies.
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RAWLSIAN CONCEPT OF JUSTICE
(1)DIGNITY OF INDIVIDUAL
Justice of Rawls is influenced by Kantinian philosophy
who said that ‘man is end in itself’. Rawls accepted the
same presumption and said that self is prior to its end.
This shows that concept of justice is the creation of
individual. It is not any divine concept. This also shows
primacy of individual in making of justice. Worth of
every individual is same and each person is having his own
concept of justice and ultimately, principle of justice is
decided by social contract. Involvement of every person is
inevitable for arriving on the principle of justice.
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(2)REJECTION OF UTILITARIANISM 09899156495
Utilitarians say that justice is the maximum happiness
of maximum numbers. However, Rawls believe in the
dignity of each individual.
For Bentham overall happiness is more important.
Thus, it is known as consequentialist notion of
justice. However, justice of Rawls is ontological
where procedures should be fair. And it is known as
fairness. Fair procedures result in the fair
consequence.
Bentham is emphasizing over happiness but Rawls
believes in the dignity of individuals.
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(3)JUSTICE IS FIRST VIRTUE
Rawls says that the most significant quality of a society
is justice. Justice is more important than efficiency.
But right is more important than welfare. Rawlsian
justice is based on the principle of lexical priority
which implies that:-
(i)Each person is to have an equal right to the most
extensive basic liberty, compatible with a similar
liberty for others.
(ii)Social and economic inequalities are to be
arranged so that they are both (a)reasonably expected
to be to everyone’s advantage and (b)attached to
position and offices open to all.
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(4)MAXIMIN PRINCIPLE
Rawls says that justice implies the distribution of
primary goods. Justice of Rawls is distributive which
believes in the distribution of primary goods.
Primary goods includes:-
(a)Natural primary goods:- Health, intelligence.
(b)Social primary goods:- Liberty, rights and basic
income.
Rawls says that maximum primary goods are distributed for
the least advantaged sections of society. Social economic
inequalities which is better for least advantaged sections of
society shall be retained. Distribution of goods in favour of
marginalised sections is known as difference principle
too.
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(5)JUSTICE IS FAIRNESS 09899156495
Rawls invented analogy of social contract for arriving over
the principle of justice. He made a hypothetical
assumption of veil of ignorance. This makes the position
of each and everyone equal.
For making social contract, veil of ignorance is creating
equal opportunity for everyone for arriving over the
principle of justice.
Veil of ignorance implies:-
(a)Individual is not aware about his present condition in
society.
(b)He neither knows about his position in society in future.
Although person is aware about the basic psychological
principles.
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(6)PURE PROCEDURAL JUSTICE
Rawls says that procedure must be fair. It can’t be diverted.
Therefore, liberty can be only curtailed for sake of
liberty.
Liberty cannot be compromised for obtaining social
economic equality. Fair procedures result in just
society.
Rawls speak about the distribution of maximum primary
goods for the marginalised sections of society. Therefore, it
becomes substantive justice. Justice of Rawls believes in
the principle of compensation and the people occupying
worst condition in society must be compensated.
Under veil of ignorance nobody knows that who is
occupying what position in forthcoming society.
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(7)INSTITUTIONAL FRAMEWORK
(a)The allocation branch keeps the price system
competitive by preventing the formation of a
unreasonable market power and change property
rights through taxes and subsidies.
(b)The stabilization branch takes care of
employment opportunities.
(c)The transfer branch is responsible for maintaining
a social minimum by way of unemployment and family
allowances.
(d)The distribution branch preserves an
approximate justice in distributive shares by means
of taxation.
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COMMUNITARIAN CRITIQUE 09899156495
Sandal wrote a book ‘Liberalism and Limits of Justice (1982)’.
Veil of ignorance implies abstract and atomistic individual
which ignores the social context.
In the Rawlsian concept of justice, individual is more important
and justice is artificial, which is the result of contract among
the people.
However, communitarians said that community is more
important not individuals. And justice lies in true society,
like- family is an example of just society.
Rawls believe that self is prior to self, however,
communitarians believe that end is prior to self.
Rawls believed in the distribution of primary goods for all, on the
other hand communitarians believed that same set of goods is
not be preferable for all.
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RAWLS DEFENSE Ph : 01135531496
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In 1993 Rawls wrote a book ‘Political Liberalism’.
Communitarian philosophy emerged in 1980’s. he said that
principle of justice is independent of philosophical or
religious doctrine.
He propounded the concept of basic structure which depends
upon constitutional democracy and shared political culture.
Social justice is different from moral aspiration of people. It
means liberal democratic system can accommodate the diversity
of culture.
Rawls said that theory of justice should be made according to the
need of plural and diverse society and subsequently he
admitted the importance of community.
He wrote a book ‘Law of people’.
He wanted to maintain justice among the nations also.
Rawls never preferred the war, instead peaceful coexistence
and harmony between the nations is fundamental principles of
international relations.
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