Mentor’s Comment: Explain the meaning and essence of justice in your own words. Mention its importance in various fields, what it leads to etc.
Mention its type: Procedural V/s Substantive, Retributive and Reformative justice, Distributive justice etc. with some details. Bring examples if possible to strengthen your points.
Model Answer:
The concept of justice occupies centre stage both in ethics, and in legal and political philosophy. From Plato to John Rawls, everyone’s central concern has been justice. It takes on different meanings in different practical contexts.
- Justice has to do with how individual people are treated. It gives way to values of equality, liberty, freedom, opportunity, etc.
- Justice is the opposite of arbitrariness. It requires that where two cases are relevantly alike, they should be treated in the same way.
1.Procedural vs substantive
Procedural justice lays more emphasis on the procedure rather than the outcome. It says that if the procedure is correct, then whatever be its outcome, it is just. Substantive justice on the other hand is concerned with the way in which an individual evaluates important and meaningful things to produce an outcome. It is not just mere following of the procedure.
Eg. Let’s assume that there exists a law which allows frisking of people selectively on the basis of a particular religion. Now, according to the principles of procedural justice, the policeman is justified in frisking all muslims as the law permits. But according to the principles of substantive justice, selectively targeting someone on the basis of religion is unjustified. The law should require amendments.
2.Retributive and Reformative justice
Retributive justice implies punishing an action which was illegal with an aim to deter it. Reformative justice implies evolving a plan of action to reform the individual so he doesn’t involve himself in acts of crime.
3.Distributive justice
It assumes a distributing agent, and a number of persons who have claims on what is being distributed. Justice here requires that the resources available to the distributor be shared according to some relevant criterion. Various social security schemes are eg. of distributive justice.
