[go: up one dir, main page]

0% found this document useful (0 votes)
35 views17 pages

Unit 2 - STATE & P B

The document outlines various definitions and characteristics of law, emphasizing its role as a command of the sovereign and its universal application to all individuals. It discusses the sources of law, types of law, and the relationship between law and morality, highlighting the importance of delegated legislation and its advantages and disadvantages. Additionally, it addresses the concept of liberty and the need for safeguards in the context of delegated legislation to protect individual freedoms.

Uploaded by

dhananjayaba2322
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
35 views17 pages

Unit 2 - STATE & P B

The document outlines various definitions and characteristics of law, emphasizing its role as a command of the sovereign and its universal application to all individuals. It discusses the sources of law, types of law, and the relationship between law and morality, highlighting the importance of delegated legislation and its advantages and disadvantages. Additionally, it addresses the concept of liberty and the need for safeguards in the context of delegated legislation to protect individual freedoms.

Uploaded by

dhananjayaba2322
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 17

LAW :

John Austin-"Command of the sovereign is called a law". It may be Monarch or Parliament.


In that sense state is sovereign and rules of the state are called a law.

T.E. Holland:-"Law is a general rule of external human action enforced by a sovereign


political authority".

The Oxford English Dictionary "law as a rule of conduct imposed by an authority."

John Salmond "Law means the body of principles recognized and applied by the state in the
administration of justice".

Erksine-"Law is the command of a sovereign, containing a common rule of life for his
subject" and obliging them to obedience".

★ FEATURES AND CHARACTERISTICS OF LAW:

1. Laws Are Universal:


Laws apply uniformly to all individuals within a state, regardless of their status or position.
This uniformity ensures fairness and equality under the rule of law.

2. Law is an Expression of the Will of the State:


Laws represent the authoritative decisions and supreme power of the state. They reflect the
intentions and objectives of the state to maintain social order and improve society.

3. Government Makes the Law:


The creation and enforcement of laws are carried out through the government’s three
branches:

Legislature: Creates laws.

Executive: Enforces and administers laws.

Judiciary: Interprets laws and resolves disputes.


Laws are a product of this structured process.

4. Law Regulates External Conduct:


Laws focus on governing the external behavior and actions of individuals within a society.
They do not extend to internal thoughts or emotions, as these are beyond their scope.

5. A Law is Constitutionally Valid:


Laws must align with the principles and framework set out in the constitution of the state.
Any law that conflicts with the constitution is considered invalid.

6. Law is Backed by Coercive Force:


Laws are enforceable through the use of legitimate power, such as police action or judicial
decisions, ensuring compliance and punishing violations.
7. Laws Are Compulsory:
Compliance with the law is mandatory for all individuals and entities within the state.
Ignorance of the law is not a valid excuse for non-compliance.

8. Law Should Conform to Principles of Justice:


Laws are expected to align with notions of fairness, equity, and justice to maintain their
legitimacy and acceptance in society.

9. Law is Impartial:
Laws are applied objectively without favoritism or prejudice, ensuring equality before the law.

10. Law Presupposes an Organized Civil State:


Laws operate within a structured state system where governance and enforcement
mechanisms are in place.

11. Law is Definite and Precise:


Laws are clearly written and unambiguous, providing certainty and predictability in their
application.

12. The Supreme Purpose of Law is Welfare of the People:


Laws aim to protect and enhance the well-being of individuals and society by promoting
order, security, and justice.

13. Law is Territorial in Nature:


Laws apply within the geographical boundaries of the state that enacts them. They are not
applicable beyond the state’s jurisdiction unless explicitly agreed upon.

14. People Are Obedient to the Law:


The validity and enforcement of laws derive from the state’s authority, which ensures societal
compliance and order.

15. Law Ensures Social Order:


By regulating behavior and resolving disputes, laws maintain stability and contribute to the
overall good of the community.

★ SOURCE OF LAW

1. Custom.
2. Religion.
3. Judicial decisions.
4. Scientific commentaries.
5. Equity.
6. Legislation.

1. Custom
Customs are the earliest and most significant source of law, rooted in societal practices and
traditions. They arise from the collective habits of a community, observed over time due to
their utility and convenience. When recognized by the state, these customs become legally
binding. For example, customary laws still play an integral role in specific legal systems like
Hindu and Islamic law.

2. Religion
Religion has historically shaped legal systems. In primitive societies, rules of conduct often
had religious sanctions, and the functions of leaders were intertwined with religious duties.
Religious texts and principles, like the Code of Manu in Hindu law or Shariat in Islamic law,
continue to influence modern legal frameworks in various regions.

3. Judicial Decisions (Case Law)


Courts interpret laws and set precedents, contributing significantly to legal development.
Judges fill gaps in the law, adapt outdated customs to modern contexts, and interpret
legislation to ensure justice. In countries like the United States, judicial review has
profoundly influenced constitutional law, making judicial decisions an enduring source of law.

4. Scientific Commentaries
Eminent jurists and legal scholars analyze existing laws, customs, and judicial decisions to
suggest improvements and clarify ambiguities. Their writings often influence judicial
decisions and legislative reforms. For instance, the works of Blackstone in England and
Vijnaneswara in India have guided legal principles and practices.

5. Equity
Equity ensures fairness where existing laws are silent or inadequate. It supplements and
corrects rigid legal provisions, making the law more adaptable to changing societal needs.
For example, equity principles allow courts to decide cases based on fairness, even when no
specific legal provision exists.

6. Legislation
Legislation is the most prominent and direct source of law today. It involves the formal
enactment of laws by legislative bodies representing the will of the people. Codification and
modernization of laws have replaced many customary and equitable practices, streamlining
legal systems. Legislative acts are now the primary method of law-making globally.

★ KINDS OF LAW:

1. Private Laws
These laws manage relationships between individuals or organizations. They deal with
issues like property, contracts, and disputes, ensuring fairness in personal or business
matters.

2. Public Laws
These laws govern the relationship between individuals and the government. They include
rights like freedom from unfair government actions and ensure the government operates
within limits.

3. Constitutional Laws
These laws define how a government is organized, distribute powers among its branches,
and protect citizens’ rights. They form the foundation of a country's legal system.

4. Ordinary Laws
These laws handle daily matters of life, such as interactions between people or with the
government. Legislatures create these laws to maintain order in society.

5. Ordinances
Temporary laws issued by the head of state during emergencies when the legislature is not
in session. They are short-term and need legislative approval to continue.

6. Common Laws
Unwritten laws based on customs and past court decisions. They are enforced by courts and
are widely used in countries like England.

7. Administrative Laws
These laws regulate the powers and responsibilities of government agencies. They ensure
agencies act within their authority and protect individuals' rights.

8. International Laws
These laws manage relationships between countries. They are based on treaties and
agreements, promoting peace and cooperation globally.

★ LAW AND MORALITY

Law and morality are two fundamental pillars that govern human behavior and societal order.
While law is a set of codified rules enforced by the state to regulate actions and ensure
justice, morality is a broader concept rooted in individual conscience and societal norms,
defining what is right and wrong.
Both aim to promote harmony, justice, and the well-being of society, but their methods and
scope differ significantly

Differences Between Law and Morality:

1. Difference in Scope

Morality: Covers the entire spectrum of life, including thoughts, motives, and actions. Even
negative thoughts or intentions can be considered immoral.

Law: Focuses only on external actions. It does not regulate thoughts or motives unless they
result in illegal actions.

2. Difference in Enforcement (Sanction)

Morality: Enforced by personal conscience, public opinion, or religious beliefs. It lacks formal
punishment but may result in social condemnation or disapproval.
Law: Enforced by the state through coercive measures, including fines, imprisonment, or
even the death penalty.

3. Clarity and Precision

Morality: Often vague, subjective, and varies between individuals. It depends on personal
beliefs and social contexts.

Law: Definite, precise, and uniformly applicable. It is documented and consistently


interpreted.

4. Overlap and Contradictions

Morality and Law: They do not always align. For instance, something morally wrong (e.g.,
greed) may not be legally punishable, while something legally right (e.g., certain tax
loopholes) could be morally questionable.

5. Creators and Interpreters

Law: Created by legislative bodies and interpreted by courts. It has a formal structure and
authority.

Morality: Has no specific creator or interpreter. It evolves from societal norms, traditions, and
individual conscience, leading to ongoing debates about its definition and scope.

COMMON GROUND BETWEEN LAW AND MORALITY


1. Laws Reflect social Morality
Laws are often based on shared moral values. Example: Actions like theft and murder are
both illegal and immoral.

2. The Role State in promoting morality;


The state cannot force morality but can: Support good behavior (e.g., education, justice
systems). Remove harmful laws that undermine mortality

3. Moral Citizens Are Essential


A state needs citizens to be moral and responsible. Immoral citizens may resist laws,
weakening society.
Plato: A state reflects the goodness of its people.

4. The connection between Law and Morality


Some acts, like murder, are both illegal and immoral
Over time, immoral acts (e.g., harming the environment) may become illegal.

5.The importance of reducing the Gap


A good state makes laws that reflect widely accepted moral values.
Laws conflicting with morality cause instability.
Focus on rational, secular morality, not religious morality, to avoid conflicts.

★ DELEGATED LEGISLATION

Delegated legislation refers to the Law-making power vested with the executive by the
legislature itself. This term is known as Executive Legislation. Since the law-making power
given to the Executive is not its original power, it is called subordinate legislation.

The term delegated legislation is used in two senses:


(a) It refers to the powers delegated to the executive to make rules,
(b) It means the output of the exercise of that power, viz., rules, regulations, orders, etc.

CAUSES OF GROWTH OF DELEGATED LEGISLATION

Delegated legislation has become widespread globally, particularly in the UK and the USA,
due to several factors:
---
1. Impact of Science and Technology:
Modern states face complex and expanding functions due to technological advancements.
Legislatures delegate authority to the executive to manage the increased workload
efficiently.
---
2. Legislators Are Laymen:
Most legislators lack technical expertise in specialized areas. They set general principles,
leaving detailed regulations to experts (e.g., health officials defining poisonous substances).

3. Need for Flexibility:


Laws require frequent updates to match changing conditions. Since legislatures cannot
always convene, delegating this power ensures timely amendments.

4. Addressing Unforeseen Contingencies:


Emergencies like wars, famines, or economic crises demand prompt action. Delegated
legislation empowers the executive to act swiftly without waiting for legislative sessions.

5. Legislature’s Limited Foresight:


It is impossible for legislators to anticipate every possible scenario. Delegation allows
executive departments to regulate complex issues as they arise.

6. Consultation with Affected Interests:


Administrative agencies consult stakeholders more effectively than legislatures, fostering
consensus and voluntary compliance with regulations.

7. Setting New Standards:


Social welfare programs (health, education, housing) require expert input to establish
standards. For instance, engineering expertise determines traffic restrictions on bridges.

8. Administrative Awareness:
Administrators understand practical requirements better than lawmakers, enabling them to
draft feasible rules tailored to the situation.

9. Lenient Initial Rules:


In new areas like trade, the government drafts lenient rules initially to gain public
cooperation. Rules are gradually tightened over time.

10. Improved Drafting of Rules:


Since administrative rule-making aligns with specific circumstances, the resulting regulations
are often better drafted and more effective than parliamentary laws.

ADVANTAGES AND DISADVANTAGES Of DELEGATED LEGISLATION


---

Advantages

1. Saves Parliamentary Time:


Delegated legislation allows parliament to focus on major policy issues by transferring
responsibility for details to the executive.

2. Flexibility of Rules:
Unlike rigid parliamentary laws, delegated legislation can be easily amended or updated to
adapt to hanging circumstances.

3. Consultation with Affected Interests:


Administrative bodies can consult stakeholders directly, ensuring the legislation is practical
and promotes voluntary compliance.

4. Use of Expert Knowledge:


Specialists and technical experts draft rules, ensuring precision and practicality in complex
matters.

5. Facilitates Experimentation:
New fields (e.g., urban planning) can be tested with initial lenient rules, gradually refined
based on outcomes and experiences.
6. Meets Unforeseen Contingencies:
Emergencies (e.g., war, pandemics) can be promptly addressed without waiting for
parliamentary sessions.

7. Avoids Litigation:
Clear and specific rules reduce ambiguities, minimizing the chances of legal disputes.

8. Efficient Emergency Response:


The executive can act quickly to handle crises, ensuring public safety and order.

9. Proper Drafting of Rules:


Rules crafted by experts considering real-world conditions are often more effective than
parliamentary statutes.

---

Disadvantages

1. Threat to Individual Liberties:


Concentrating legislative and executive powers risks authoritarianism and erosion of
personal freedoms.

2. Unlimited Delegation of Powers:


Broad delegation allows the executive unchecked authority, undermining democratic
principles.

3. Judicial Oversight Reduced:


Enabling acts sometimes restrict courts from reviewing delegated legislation, depriving
citizens of legal remedies.

4. Risk of Serving Special Interests:


Influential groups may sway administrative rules, sidelining the broader public interest.

5. Costly and Cumbersome Legal Remedies:


Judicial intervention, though available, is expensive and procedurally complex, limiting
access for ordinary citizens.

6. Poor Public Awareness:


Rules often lack adequate publicity, leaving citizens unaware of their obligations and rights.

7. Undermines Democratic Accountability:


Taxation powers and other critical decisions delegated to the executive breach the principle
of "no taxation without representation."

8. State's Privileged Position:


Courts may favor the state over citizens, especially in conflicts involving government
interests.
9. Retrospective Effect:
Applying rules retroactively can be unjust, violating principles of fairness.

10. Inadequate Parliamentary Scrutiny:


Limited oversight of delegated legislation reduces accountability and risks executive
overreach.

11. Causes Confusion:


Over-reliance on delegated legislation can lead to inconsistencies and administrative
inefficiency.

SAFEGUARDS OF DELEGATED LEGISLATION

Delegated legislation, though necessary, carries the risk of misuse. To mitigate these risks
and protect individual liberties, the following safeguards are essential:

---
1. Precise Definition of Delegated Powers

Clear Terms: Enabling Acts must define the scope and extent of delegated powers explicitly.
Ambiguous terms like "in public interest" or "reasonable variations" should be avoided to
prevent arbitrary use of authority.

2. Judicial Review

Courts' Oversight: The jurisdiction of courts should remain intact to ensure that delegated
legislation adheres to constitutional principles.

Donoughmore Committee's View: All regulations should be open to judicial challenge unless
specifically exempted by Parliament for compelling public interests .

3. Stakeholder Consultation

Inclusive Input: Authorities should engage with affected parties before framing rules.

Consultation Committees: These committees, representing diverse interests, can provide


valuable suggestions and ensure that all perspectives are considered.

4. Transparency and Clarity

Explanatory Notes: All regulations should include explanatory notes to make them
understandable to the general public.

Explanatory Memorandums: Enabling Acts should clearly outline the types of regulations to
be made under them

5. Proper Publicity
Publication of Rules: Rules and regulations must be published and widely disseminated.

Examples: Countries like India and the U.S.A. have specific guidelines for publishing rules,
such as India's requirements under the Administrative Procedure Act.

6. Parliamentary Control

Active Oversight: Delegated legislation should be subject to parliamentary scrutiny to ensure


it remains within the authorized limits.

Expert Opinion: Kersell highlights that parliamentary supervision is the most appropriate
safeguard against executive overreach .

7. Delegation to Trustworthy Authorities

Reliable Entities: Delegation should only be to authorities approved by Parliament and


capable of exercising such powers responsible .

8. Limitations on Substantive Law-Making Powers

Separation of Powers: Legislatures should not delegate substantive legislative powers,


which are their exclusive domain.

Judicial Precedents:

In Field vs. Clark, the U.S. Supreme Court held that legislatures cannot delegate law-making
but can authorize administrative agencies to determine facts affecting legislation.

In India, the Vasant Lal Magan Bhai Case (1961) upheld the necessity of delegated
legislation in modern governance

9. Compliance with Constitutional Provisions

Fundamental Rights: In India, rules violating fundamental rights (Article 13(3)) are void.

Supreme Court Support: Indian courts have upheld the legitimacy of delegated legislation
while emphasizing the need for adherence to constitutional norms.

10. UK Context

In the UK, Parliament has absolute legislative authority and can delegate powers as a matter
of policy, not law. Safeguards here depend on political accountability rather than
constitutional limitations.

LIBERTY

Liberty is derived from a Latin word “Liber".


DEFINITIONS:
❖ Montesquieu: - “Liberty means the power of doing what we ought to do”.
❖ Prof. Seely: - “Liberty means the absence of restraints”.
❖ T.H. Green: - “It is the power to do or enjoy something that is worth doing or enjoying in
common with others”.
❖ G.D.H Cole: - “Liberty is the freedom of individual to express, without external
hindrances, his personality.”
❖ McKechnie: - “Freedom is not the absence of all restraints but rather the substitution of
rational ones for the irrational.”
❖ Laski: - “Liberty is the existences of those conditions of social life without which no one
can in general be at his best self.”

★ KINDS of LIBERTY
The classification of liberty into various types reflects the complexity of the concept and its
relevance to different aspects of human life. Here is a summary of the different types and
their significance:

1. Natural Liberty,
2. Social / Civil Liberty
3. Moral Liberty.

if further classified in to: -


a. Personal liberty
b. Political Liberty
c. Economic Liberty
d. Domestic Liberty
e. National Liberty
f. International Liberty

1. Natural Liberty
Definition: It implies complete freedom for an individual to act as they wish, without external
interference or restraints. This form of liberty is rooted in the "state of nature," a concept
used by social philosophers like Hobbes, Locke, and Rousseau.

Limitations: While appealing, natural liberty is impractical in modern society. Without the
structure of state and society, this kind of liberty leads to disorder and insecurity, as it often
favors the strong over the weak.

2. Social/Civil Liberty
Definition: This refers to the freedom of individuals within a social structure, balancing
personal freedom with the restraints necessary for the general good. It exists within the
framework of a society and a state that ensures rights and protections.

Sub-categories:

a. Personal Liberty: The right to make decisions affecting one's own life, provided these
actions don't harm others. It includes freedom of choice in areas like personal relationships
and lifestyle.
b. Political Liberty: The freedom of citizens to participate in governance, usually through
mechanisms like voting and free expression. It involves not only the right to vote but also the
ability to control and influence government decisions.

c. Economic Liberty: The right to engage in work, business, and economic activities without
unnecessary restrictions. It emphasizes economic freedom, including job opportunities, fair
wages, and the absence of fear of poverty or unemployment.

d. Domestic/Family Liberty: Pertains to personal freedom within the family, including the
rights of individuals (particularly women) to own property, engage in business, and be
protected from domestic abuse. It also emphasizes the independence and integrity of the
family as an institution.

e. National Liberty: Refers to a nation's independence and sovereignty, free from the
domination of foreign powers. National liberty is often associated with national movements
and struggles for independence.

f. International Liberty: A global perspective on liberty, which advocates for peaceful relations
between nations, the renunciation of war, and the peaceful resolution of conflicts. It aims for
a world free of armed conflict and aggression.

3. Moral Liberty
Definition: This form of liberty focuses on the capacity of individuals to act according to their
rational and ethical principles. It is tied to personal growth and self-realization, where
individuals seek to develop their personality while respecting the dignity of others.

Philosophical Roots: Thinkers like Plato, Aristotle, Rousseau, Kant, and Hegel explored
moral liberty, emphasizing personal responsibility, the pursuit of virtue, and respect for
others’ autonomy.

In essence, liberty is not a monolithic concept but a nuanced one that applies to different
facets of individual and collective life. From personal freedom to political rights, economic
independence to international peace, liberty remains a foundational element of social and
individual well-being.

ASPECTS OF LIBERTY
The two aspects of liberty—Positive Liberty and Negative Liberty—represent different ideas
about freedom and the role of the state:

1. Positive Liberty:

Definition: This type of liberty is about more than just removing restrictions. It focuses on
providing the opportunities necessary for individuals to develop their full potential. The state
should help remove barriers like poverty or lack of education that prevent people from
achieving their goals.
Key Idea: The state has a role in creating conditions that allow people to flourish. It should
ensure that everyone has the chance to pursue happiness and improve their lives.

2. Negative Liberty:

Definition: Negative liberty is the idea that freedom means the absence of restrictions or
interference. The government should not limit what individuals do unless they harm others.

Key Idea: The state should not interfere with people's lives, and individuals should be free to
do what they want, as long as they don't harm others. The government is seen as a
"necessary evil" that should interfere as little as possible in people's freedom.

★ EQUALITY

DEFINITIONS OF EQUALITY
❖ Raphall: - “The Right to Equality proper is a right of equal satisfaction of basic human
needs, including the need to develop and use capacities which are specifically human.”
❖ Laski: - “Equality means that no man shall be so placed in society that he can over-reach
his neighbor to the extent which constitutes a denial of latter’s citizenship.”
❖ Barker: - “Equality means equal rights for all the people and the abolition of all special
rights and privileges”. -Barker rights for all the people and the abolition of all special rights
and privileges”.

THE IMPORTANCE OF EQUALITY

1. Equal Rights and Freedoms: Equality ensures that all individuals are granted and
guaranteed the same rights and freedoms, regardless of their background or status.

2. Equal Opportunities: It promotes a system where everyone has access to equal and
adequate opportunities to succeed, ensuring that no one is disadvantaged because of their
social or economic position.

3. Fair Distribution of Resources: Equality calls for a fair distribution of wealth and resources,
aiming to reduce the gap between the rich and the poor and ensuring that everyone has a
fair chance at prosperity.

4. Support for Weaker Sections: Equality is crucial in helping the weaker sections of society,
giving them the support and opportunities they need to overcome disadvantages and
contribute to the overall welfare of society.
KINDS OF EQUALITY
The concept of equality has evolved over time, and scholars have identified various
dimensions or kinds of equality. Here's a breakdown of these dimensions:

1. Civil Equality:
: Civil equality means that all individuals are equal before the law, with no discrimination
based on caste, creed, sex, social status, or other such factors.

Key Principle: All citizens should be treated equally by the law, and laws should serve the
benefit of everyone, not just specific groups.

2. Political Equality:
: Political equality ensures that all citizens have equal rights to participate in political
processes.

Key Rights: It includes the right to vote, run for office, criticize the government, and hold
public office, without discrimination.

Foundational Principles: Universal adult suffrage (voting rights for all adults) and human
dignity.

3. Social Equality:
Social equality calls for the elimination of discrimination based on social status, caste,
religion, or other social factors.

Key Point: It opposes special privileges for any group based on social status or identity.
Achieving social equality requires changes in social habits and institutions, supported by
education.

4. Economic Equality:
Economic equality is concerned with reducing disparities in wealth and income.

Key Point: It doesn’t require equal distribution of wealth but calls for ensuring that wealth is
not concentrated in the hands of a few, and that minimum income standards are available to
all.

5. Natural Equality:
Natural equality is based on the idea that all humans are born equal by nature.

Key Point: While nature may not endow all individuals with the same qualities, the principle
of natural equality suggests that everyone has equal inherent worth. However, some argue
that this concept is more theoretical than practical1

6. Legal Equality:
Legal equality means that all individuals are equal in the eyes of the law, entitled to its
protection and benefits without discrimination.
Key Principle: The law should provide equal protection of rights, life, and liberty to everyone,
and punish lawbreakers equally. In a broader sense, legal equality also implies justice that is
accessible to all, regardless of their social or economic status.

★ THE RELATIONSHIP BETWEEN LIBERTY AND EQUALITY


has been widely debated, with two primary perspectives:

1. Negative View (Incompatibility):

Argument: Some thinkers, like Lord Acton and F. A. Hayek, argue that liberty and equality
are incompatible. They believe that efforts to achieve equality often lead to the suppression
of liberty and, in practice, result in inequality and tyranny. This view suggests that attempts to
enforce equality may require oppressive measures that limit individual freedoms.

2. Positive View (Compatibility):

Argument: On the other hand, the positive view holds that liberty and equality are compatible
and interrelated. Both concepts are seen as essential for the development of human
personality. In this view, equality provides the conditions (such as equal opportunities) for
individuals to fully exercise their liberty. Liberty allows individuals to pursue their own goals,
and equality ensures that everyone has a fair chance to do so.

Liberal vs. Marxist Interpretations:

Liberal View: The liberal interpretation of equality focuses on the idea of "equality of
opportunity." It argues that liberty and equality are compatible when everyone has equal
opportunities to succeed. Under this system, individuals have the freedom to compete, and
those who can best utilize their opportunities may surpass others. Inequality that arises from
differing abilities or efforts is seen as acceptable in this framework.

Marxist View: Marxism, however, associates equality with the elimination of class
distinctions. For Marxists, true equality can only be achieved in a classless society, where
there are no class-based inequalities. This vision involves the "dictatorship of the proletariat"
to abolish class distinctions and create conditions where both liberty and equality are fully
realized. Marxists argue that without addressing class inequality, liberty cannot truly exist for
all.

★ JUSTICE:

MEANING & DEFINITION:


Justice is a complex concept and touches almost every aspect of human life. The word
Justice has
been derived from the Latin word Jungere meaning ‘to bind or to tie together’. The word ‘Jus’
also
means ‘Tie’ or ‘Bond’. In this way Justice can be defined as a system in which men are tied
or joined in a close relationship.
As such, Justice means bonding or joining or organizing people together into
a right or fair order of relationships.
DEFINITIONS
❖ Salmond: - “Justice means to distribute the due share to everybody.”
❖ Raphael: - “Justice protects the rights of the individual as well as the order of society.”
❖ Merriam: - “Justice consists in a system of understandings and a procedure through
which
each is accorded what is agreed upon as fair.”

KINDS OF JUSTICE:

1. Social Justice:
: Social justice aims to ensure equality and the elimination of discrimination based on
religion, caste, creed, sex, or status. It involves the fair distribution of resources and
opportunities in society, ensuring that all individuals can develop their inherent abilities.

Key Principles:

Equal social rights for everyone.

Elimination of social inequalities and providing equal opportunities for all individuals.

Ensuring a morally just and fair system of distribution of rewards and obligations in society.

Examples: The Indian Constitution includes provisions for social, economic, and political
justice, such as the abolition of untouchability and ensuring equal access to public places
and opportunities.

Goal: To ensure that no group is discriminated against, and there are no privileged classes.

2. Economic Justice:
: Economic justice is closely related to social justice and focuses on ensuring fair economic
opportunities for all citizens. It demands a fair distribution of wealth and resources, ensuring
that everyone can meet their basic needs and improve their quality of life.

Key Principles:

Adequate opportunities for earning a livelihood.

Fair wages to satisfy basic needs.

Economic security in cases of illness, old age, or disability.

No exploitation of any individual or group.

Debates:

Liberals advocate for open competition and private property.

Socialists call for complete societal control of the economic system to ensure equality.
Goal: To reduce the wealth gap and ensure prosperity is shared among all people.

3. Political Justice:
: Political justice emphasizes fair and equal participation in political life, allowing people to
influence government policies and decisions.

Key Principles:
Universal adult franchise: The right to vote for all citizens, ensuring everyone can participate
in electing representatives.

Equal rights to influence government policies.

Non-discriminatory recruitment to public services.

Goal: To ensure that all people have an equal opportunity to influence political decisions,
shaping policies based on the needs of the society.

You might also like