B.A.

PART-I POLITICAL SCIENCE

SEMESTER-II
LESSON NO. 2.1 AUTHOR : DR. PARAMJIT KAUR GILL

LIBERTY : MEANING, DEFINITION, TYPES AND ITS SAFEGUARDS

2.1.1 Objectives of the Lesson

2.1.2 Introduction
2.1.3 Meaning and Definition of Liberty
2.1.4 Negative aspect of Liberty
2.1.5 Positive aspect of Liberty
2.1.6 Types of Liberty
2.1.7 Idealistic view of Liberty
2.1.8 Safeguards of Liberty
2.1.9 Conclusion
2.1.10 Answers to the self check exercises
2.1.11 Suggested Readings and web sources

2.1.1 Objectives of the Lesson

The objectives of this lesson are :-
(a) To understand the various meanings of liberty.
(b) To study different types of liberty.
(c) And to know different safeguards of liberty.
2.1.2 Introduction
Liberty is a central concept in political science as understood in the West. Its
history, therefore, is as old as political philosophy itself. During the ancient and
medieval period, the concept of liberty was totally absent. The Greek philosophers,
Socrates, Plato and others did not accept the notion of individual liberty as against
society or state. They believed that freedom lies in obedience to the laws of the
state. During the medieval period the emphasis was laid on the salvation and
freedom of the soul rather than the liberty of the individual and freedom of the
soul could only be realized through religion. By the close of medieval period
there was a talk of the freedom of conscience. There on feudal society was marked
by the tyrannical of despotic kings. They developed the theory of Divine Rights
and were thus not answerable to people. Feudalism declined in the sixteenth
century as a result of the reformation movement.
The modern period begins with the renaissance movement. Its hallmark
was the emergence of capitalism and the capitalist clan. Its demand was liberty
against the then existing religious, economic, social and moral order. The absence
of all kinds of restraints - religious, moral economic and political was regarded
as an essential condition for the liberty of the individual.
The central theme of western political thought has been the relation between
B. A. Part-I (Semester-II) 33 Political Science

the liberty of the individual and the authority of the state. Along with this it is also
necessary to clear that it is the most elusive and value-loaded term and means
differently to persons who believe in different ideologies. The Marxists and
anarchists understand liberty in another way. Marxists regard liberty as a
bourgeois illusion and firmly believe that true liberty is attainable only in a
classless society. According to the Marxists, equality i.e. economic equality should
precede before liberty is achieved. According to Anarchists, only in a stateless
society individual is said to be free.
2.1.3 Meaning and Definition of Liberty
The term, 'Liberty' is derived from the Latin word 'liber', which means free.
The meaning of the word liberty is absence of restraint and liberty for individual
thus means that he should be free from restraints. But this is very clear that fully
unrestrained liberty is not possible in human society. Alongwith it is also very
difficult to give a precise meaning of liberty. The word 'liberty is rich in
connotation and has suggested different ideas at different times.
At the time when the powers of state were concentrated in the hands of
despotic kings, liberty meant the protection of the people from their tyranny.
This was done forcing the king to accept certain rights (like the Magna Carta)
and privileges which his people considered as fundamental for their very
existence. Gradually, people felt that they must have their own representatives
as magistrates in the state to safeguard their rights. By the time it was realized,
the next demand was to identify the government with the people. Liberty then
became synonymous with popular government. Two important points however
have come to our knowledge so far - (i) the real meaning of liberty changes from
age to age (ii) liberty of each individual is necessarily relative to that of others.
Liberty is the power of doing a thing without harming others.
In spite of the difficulties of a precise meaning, a few definitions giving its
'essence'. According to Massino Salvadori, "Liberty is free choice, each individual's
own decision concerning his own course of action; it belongs to himself, not to
the external world that surrounds him."
D.D., Raphael says, "Freedom means absence of restraints. A man is free so
far as he is not restrained from doing what he wants to do or what he would
choose to do if he knew that he could. The idea of choice itself implies a kind of
freedom. Choice in the selection of one possibility among others."
In brief, liberty is the "affirmation by individual or a group of his or its own
essence." It implies a harmonious balance of personality, absence of restraints;
and organizational opportunities for the exercise of continuous initiative.
B. A. Part-I (Semester-II) 34 Political Science

2.1.4 Negative Aspect of Liberty

The concept of negative liberty originated with the philosophy of the
nineteenth century liberalism. John Locke was a great exponent of this liberty
and considered it as 'a natural and inalienable right of the individual. In the
nineteenth century the negative concept of liberty was supported by such
classical liberals as Adam Smith, Bentham and Herbert Spencer. While Spencer
talked of "the survival of the fittest", the utilitarians, like Bentham, viewed
government as a necessary evil.
The liberty of the individual could only be guaranteed if there were fewer
restrictions imposed by law and least interference by the government. The greater
supporter of personal liberty was J.S. Mill. To him, liberty meant the protection
of the individual against the tyranny of the political rules. He believed that ruler's
interests were antagonistic of those of the people and therefore, a limitation must
be imposed on their powers. Mill divided the actions of individuals into two parts :
self-regarding and other-regarding actions. The self-regarding actions may
include those matters which affect the doer only, having no concern with others.
Individual's independence was to be restricted in those cases in which his action
had a direct or indirect bearing on others. It mean, the negative dimension of
liberty is contained in an affirmation of the 'absence of restraints'. In purely
idealistic terms, it means to hinder the hindrances to good life.
2.1.5 Positive Aspect of Liberty
The negative view of liberty was found to be high unsatisfactory as it totally
ignored the social and other aspects of the individual liberty. It led to the
exploitation of workers and bred many more evils in society. Thus, the negative
concept of liberty was challenged and a more positive view of liberty emerged in
society. The positive view of liberty was first put forward by the idealist thinkers-
Immanuel Kant, Hegal, Fichte and T.H. Green etc.
They all emphasised that the state is not a necessary evil, but a positive
good. Laws do not infringe liberty but are an essential condition for its existence.
Kant said : 'A man doing merely what he wanted or wished was a slave, a slave to
his lower self. He becomes really free when the subjects himself to the dictates of
universal reason and when he does what he ought to do. Hegal considered freedom
as a social phenomena and a gift of the social, legal and ethical institutions of
the community. According to Green, liberty is the positive power or capacity of
doing or enjoying something worth doing or enjoying and that too, something we
do, or enjoy in common with others. Liberty therefore is a product of rights. Thus
liberty includes the presence of certain rights, creating such an atmosphere which
can be helpful for men to develop their best selves.
B. A. Part-I (Semester-II) 35 Political Science

Self Check Exercise-1 (Answer should be more than 4-5 lines)

1. What is the origin of word 'liberty' ?
2. What do you mean by word 'liberty' ?
3. What is negative liberty ?
4. What is positive liberty ?
2.1.6 Types of Liberty :
There are many types of liberty. But, mostly liberty is classified into five
different forms-Natural, Civil, Political, Economic and National.
2.1.6.1. Natural Liberty :
Natural liberty is as absence of all restrictions. According to natural liberty an
individual can do whatever he likes. But, such a concept of the liberty is illusory. If
it is allowed it will create chaos and confusion in the country. It was existed before
the emergence of society and state. Soon after the state came into existence natural
liberty disappeared. It may be easily understood that this kind of liberty is no liberty
at all in as much as it is an euphemism for the freedom of the forest. It is not
applicable to the life of man as a social being.
2.1.6.2. Civil Liberty :
'Civil Liberty' means the rule of law. It is the duty of the state to punish those
who violate civil liberty of individuals. This liberty is possible in all civilized states.
It took birth out of civil rights. It means the limitation of the powers of the government
by established law, whether it be in the form of written constitution, or in the form of
judicial precedents and conventions under which law is applied equally and
impartially on all. This type of liberty working in Britain and also in our country.
Civil liberty in our country implies the absence of partiality on the basis of caste,
creed or race and treating all men as equals.
2.1.6.3. Political Liberty :
Political Liberty means that the people have a voice in the government. It
includes right to hold public office, right to vote and the right to criticise the
government. Political Liberty essentially associated with democracy. Black Stone
was partly correct when he identified this type of liberty only with man's power to
curb government. As a matter of fact, it consists in curbing as well as constituting
and controlling the government.
2.1.6.4. Economic Liberty :
Freedom from want and right to work are regarded as economic or social liberty.
Freedom to form or join trade unions, freedom of political asylum, freedom to choose
a trade or profession are also come under economic liberty. There is no democracy
in a particular country without economic liberty.
There is much truth in the statement that the political liberty has no meaning
without economic liberty. Unless the difference between the rich and poor is
removed, the government shall be controlled by the rich. Political liberty without
B. A. Part-I (Semester-II) 36 Political Science

economic liberty is nothing but the right of the capitalists to deprive the workers of
their due share in the public wealth. Karl Marx and other socialist thinkers of the
present century focused that attention of the government that unless sufficient
economic security is provided to the workers political and civil liberty will remain
unreal far the poorer section of the community. As such a new movement emerged
under which one of the major shortcomings of democracy is being tried to be
removed. Socialism, for which economic liberty stands, is an essential complement
of political democracy. Hence more and more states are enacting legislation to
ensure fixed wages, hours of work, old age pensions, disability allowances and
so on. Hence political and economic liberty have no quarrel rather they
supplement the cause of each other.
1.6.5. National Liberty :
It is synonymous with national independence. As such, it implies that no
nation should be under the subjection of another. For instance, the Americans
gained national liberty in 1776 and the Indians in 1947. Thus, national
movements of wars of independence can be identified as struggles for the
attainment of national liberty. For this reason, love for national liberty is identified
with patriotism. Historical evidence shows that love for one's country is deep-
seated in human heart as a result of which millions of people lay down their lives
for the sake of the honour and security of their motherland.
Self Check Exercise - 2
1. Write briefly important types of liberty and their meanings.
2. What do you mean by natural liberty ?
3. What is political liberty ?
4. What is the difference between Political and Economic Liberty ?
2.1.7 Idealistic View of Liberty :
We have defined liberty negatively as the absence of restraint on what person
wants to do. Then freedom means that we choose to do what we wish to do. This
common sense is criticized by philosophical idealists. Philosophical idealism is
a school of thought going back to Plato and holds the view that the mental or the
spiritual is real and the material is not. According to idealists, the stuff of reality
is 'ideas' the contents and activities of mind. Idealists object to the negative
character of liberty. Freedom is a precious value; in fact it is one of the highest
human values and hence it must be viewed in positive terms. Their ethical theory
of 'self realization' holds that the end of human life is the realization of the 'true'
or 'higher' self. Since self realization is the ultimate value, freedom, if it is to be
regarded as a value, would enable a man to achieve self-realization. A man is
truly free, according to idealists, when he has realized his true or higher self.
Thus, idealists define freedom in term of self-realization and consider it a positive
B. A. Part-I (Semester-II) 37 Political Science

idea. They value liberty as a means to self-realization and it is a necessary condition

for self-development or self-fulfilment.
Secondly, idealists criticize the common sense view of liberty on the ground
that it makes freedom as a means to doing what we want, and the end it serves is
simply 'desire'. There is no value in mere desire. Action that has value is moral
action which is the doing of what is good or right. Often an individual's desire
goes against his doing what is good or right. Idealists identify 'true' freedom with
doing one's duty. This is positive and always good. For when we perform a duty,
such as obeying a law, we exercise freedom of choice is the true form of freedom.
On the other hand, the freedom to do what we want, which is restrained by the
requirements of duty, is not real freedom. The idealists argue that when a man
feels that the call of duty restrains his freedom, he is in bondage to his 'lower self'
i.e., to his desires. He has not fully realized his 'higher self'. Only in the higher
self, real freedom is to be found.
2.1.8 Safeguards of Liberty :
It is necessary to took into the special safeguards whereby the abuse of power
may be effectively restricted, otherwise there will be no liberty.
2.1.8.1. Absence of Special Privileges : The first necessary safeguard is that there
should be no special presence of special privileges. All persons must be
considered as equal before law and should enjoy equal opportunities. All
people should have equal access to power. No person should inherit any
special privileges merely because he happens to be born in a rich family.
2.1.8.2. Presence of Rights : The second condition for the realization of liberty is
the presence of rights. There cannot be liberty where the rights of some depend
upon the pleasure of others. No persons should be strong enough to take
away the rights of ordinary citizen. Now, in most of the modern constitutions
rights constitute an important part of written document. This gives them a
sacred place and special sanctity.
2.1.8.3. Free and Fair Electoral System : The people should have freedom to
choose and control their rulers. For this, now we have free and fair election
system and these electrons held periodically on the basis of universal adult
suffrage.
2.1.8.4. Independent Judiciary : Independent and impartial judiciary also guards
the rights of the people. If judiciary is under the control of the legislature or
executive, then the rights of the people will not be secure.
2.1.8.5. Separation of Powers : According to Montesque, for the security of individual
liberty, functions of the government should be divided into three organs and
should be headed by separate persons independent of each other. It is a sight
B. A. Part-I (Semester-II) 38 Political Science

of tyranny when the three powers of the government are concentrated in the
hands of a single person. So separation of powers are necessary for liberty
and also for democracy.
2.1.8.6. Rule of law : Every one should be equal before law irrespective of his
richness, poverty and other social disabilities. Rule of law have special
importance, the will of the people, moreover, practically means the will of
the most numerous or the most active part of the people, the majority. There
can be tyranny of majority also. Rule of law also provides protection against
this.
Self Check Exercise - 3
1. What is Idealistic view of liberty ?
2. Explain the purpose of safeguards of liberty.
3. 'There can be no liberty where the rights of some depend upon pleasure of
others' comment.
4. Explain briefly various safeguards of Liberty.
2.1.9 Conclusion :
In the end, it may be reiterated that liberty is one of the important political
themes. A proper discussion of liberty should not be treated like an isolated
phenomenon. It is integrally connected with the study of other related themes
like those of equality and justice. In brief, liberty is the 'affirmation by an individual
or a group of his or its own essence.' It implies a harmonious balance of personality,
absence of restraints; and organizational opportunities for the exercise of
continuous initiative.
2.1.10 Answers to the Self Check Exercises :
Self Check Exercise - 1
Q.1. Word 'liberty' has been derived from the Latin word 'liber', which means free.
In the way liberty means freedom.
Q.2. (a) It is difficult to give precise meaning of liberty.
(b) The meaning of liberty has been changing from time to time.
(c) Liberty is the power of doing something without harming the others.
(d) It means free choice, it is each individuals own decision concerning
his own course of action.
Q.3. (a) Negative liberty means absence of restraints.
(b) It means unlimited liberty and it is a natural and inalienable right
of the individual.
(c) Governments or state is a necessary evil on individual liberty.
Q.4. (a) State is not a necessary evil but a positive good.
(b) Freedom as a social phenomenon and a gift of the social, legal and
B. A. Part-I (Semester-II) 39 Political Science

ethical institutions of the community.

(c) Positive liberty means presence of certain rights and creating such
an atmosphere by which everyone develop his best self.
(d) It means ones rights are others duties.
Self Check Exercise - 2
Q.1. (a) Natural Liberty : Absence of all restrains, a man can do what ever
he likes.
(b) Civil Liberty : It means rule of law. It imposes limitation on
governments and provides civil rights to people.
(c) Political Liberty : It includes right to vote, right to have public office,
right to contest the election and right to criticize the government.
(d) Economic Liberty : Freedom from want or freedom from basic needs
is called economic liberty.
(e) National Liberty- it means no nation should be under the
subjugation of another.
Q.2. Natural liberty simply means that nature has bestowed certain rights on
individual. Man is naturally free from any restraints. An individual can do
whatever he likes. But this concept is illusory.
Q.3. Political Liberty means that people have a voice in the government. They
possess the right to vote, right to be elected and right to criticise the
government's action. Obviously it means to constitute or check the
government.
Q.4. This is very much right that political liberty has no meaning without
economic liberty. Unless the difference between the rich and the poor is
controlled, political liberty will be limited to rich class only. Generally
economic liberty is freedom from want and political liberty is freedom of
casting a vote, to be elected or to criticise the government.
Self Check Exercise - 3
Q.1. Idealistic view of liberty is related to philosophical idealism. It means that
'mental or the spiritual is real' and material is not. Reality means 'ideas',
the contents and activities of mind. Liberty means 'self realisation' and
certainly it is positive liberty.
Q.2. The purpose of the safeguards of liberty is to provide the protection to
individual liberty so that no one can exploit the rights of others. Safeguards
are necessary to control the abuse of power.
Q.3. There is no liberty where rights are not guaranteed by the constitution.
Rights of people should not be in the hands of government or powerful
persons.
B. A. Part-I (Semester-II) 40 Political Science

Q.4. (a) Absence of Special Privileges- these should not be special privileges
to some. All persons are equal before law.
(b) Presence of rights- when rights are important part of constitution.
They are protected by independent judiciary which not under the
control of either legislature of executive.
(c) Free and fair elections is not under the control of other organs of
government.
(d) Independent Judiciary - when the judiciary.
(e) Separation of power - when the power of the three organs of government :
legislature, exercise and judiciary are divided and provided by the
constitution.
(f) Rule of Law - Every one is equal before law in spite of his caste,
creed, race, social status etc.

2.1.11 Suggested Readings and Web Sources

1. Barker - Principles of Social and Political Theory
2. H.J. Laski - A Grammar of Politics
3. J.S. Mill - On Liberty
4. N. Jayaplan - Political Theory
5. Asirvatham, Eddy - Political Theory
6. Gettell - Introduction to Political Science
7. James Bryce - Modern Democracies, Vol. 1
8. Sushila Ramaswamy- Political Theory
9. www.wikipedia.org
10. http://jccc-ugcinfonet.in
B.A. PART-I POLITICAL SCIENCE
SEMESTER-II
LESSON NO. 2.2 AUTHOR : DR. PARAMJIT KAUR GILL

EQUALITY : MEANING, DEFINITION, TYPES AND RELATIONSHIP

BETWEEN LIBERTY AND EQUALITY

1.1 Objectives of the Lesson

1.2 Introduction
1.3 Meaning and Definition of Equality
1.4 Political Equality as basis of the American and French Revolutions
1.5 Types of Equality
1.6 Relationship between Liberty and Equality
1.7 A proper view of equality
1.8 Conclusion
1.9 Answers to Self-Check Exercise
1.10 Suggested Readings

1.1 Objectives of the Lesson :

(a) To explain the meaning of Equality
(b) To know the types of equality
(c) To discuss relationship between Liberty and Equality.
1.2 Introduction :
The formulation of the doctrine of equality is a product of the eighteenth
century-a century which was marked by social disorders, upheavals, disharmony
and imbalance in European society. Originally, the principle of equality was a
common man's protest against the gross inequalities created by the superior
claims of the nobility in ancient societies. The idea of equality has, therefore,
grown out of the idea of privileges. As a result of the growth of new ideas. And the
resultant consciousness among the people for their rights, many movements came
to the fore to pull down the old structure of social which was based on injustice
and inequality. And, the existence of glaring inequality between the privileged
and the unprivileged made to fight for equality.
1.3 Meaning and Definition of Liberty :
The term, 'equality' is understood in many ways. It has several facets. It
cannot be described easily, and it has no precise definition. In fact, like liberty,
equality is also a great democratic ideal and like liberty, it has been also
understood in different ways. Liberty and equality are two pillars of democracy.
In popular parlance, 'equality' is considered synonymous with 'natural equality'.
The protagonists of 'natural equality' assert that all men are born equal and nature
B. A. Part-I (Semester-II) 42 Political Science

has willed them to remain so. But men by nature are not equal. Nor absolute equality
is a feasible proposition. In fact, inequality is a inescapable natural fact and it has
to be accepted by society.
The ideal of equality is fundamentally a levelling process J.C. Johari explains
it in following words : 'The idea of equality has insisted that men are politically
equal, that all citizens are equally entitled to take part in political life, to exercise
the franchise, to run for and hold office. It has insisted that individuals shall be
equal before the law, that when the general law confers rights or imposes duties,
these rights and duties shall extend to all; or conversely that the law shall not
confer special privileges on particular individuals or groups. Laski says :
'Undoubtedly, it (equality) means that no man shall be so placed in society that
he can over reach his neighbour to the extent which constitutes a denial of the
latter's citizenship. It means that my realization of my best self must involve as
its logical result the realization of other of their best selves.' By equality, Bryce
implied 'equality of estimation, i.e., all human beings were equal in their ultimate
value.' Commenting on it, Sartori says : 'For this reason, American democracy, as
a way of life, is basically expressed in a general leveling status, in equal treatment
and respect for the next man, whoever he may be. Therefore, equality involves,
first of all absence of legal discrimination against any one individual, group,
class or race. Secondly, it implies equal claims to adequate opportunities for all
and the recognition of the face that there can be no difference inherent in nature
between claims of men to happiness. Especially, that no one, person or group,
may be sacrificed to another. Finally, it recognize the claims of all to a minimum
of education, housing, food and guarantees against economic insecurity.

Self Check Exercise-1

(Answer should not be more than 4-5 lines)
Q.1. Write about origin of the concept of equality.
Q.2. What is the meaning of 'Equality' ?

1.4 Political Equality as the basis of the American and French Revolutions :
The American and French revolutions were the modern harbingers of
equality. Both stood for the abolition of special privileges. The American Revolution
stood for the abolition of colonial preferences and privileges enjoyed by British.
Americans resented the blatant discrimination practiced against them by the
foreign country. The French revolutionaries opposed the feudalism : privileges
enjoyed by the noble, who were exempted from taxation. The emphasis of these
two eighteen century revolutions was on political equality, i.e., on the abolition
of special privileges. The American accepted the Lockean doctrine of natural
equality and the French revolutionaries accepted the views of the philosophers
B. A. Part-I (Semester-II) 43 Political Science

of the enlightenment. Locke, Voltaire and Rousseau laid stress on equality as a

fundamental value and vindicated the right of the individual to equality. As the
German philosopher, Kant said, 'Man should be treated as an end, never as a
means. The doctrine of natural rights was in vogue then, as the writings of Locke
and Rousseau reveal. By nature men are equal. The emphasis of these thinkers
is on 'equality of birth' and such an equality does not recognise special privileges.
The political equality, expressed in Jeremy Bentham's dictum. Each person
should be for one and nobody for more than one, became the basis of the
democratic order that was to follow after the French revolution. However, it is
important to note that the emphasis of these philosophers was on 'equality by
birth' and their demand was 'equality before law'. In other words, the eighteenth
century concept of equality was that of legal and political quality - abolition of
special privileges - rather than of economic and social equality. It was hoped that
once legal equality was established, economic equality would establish itself.
In the nineteenth century the rise of capitalism and its resultant
consequences - economic disparities and exploitation of the working class - gave
fillip to the demand of socio-economic equality. This demand was vigorously put
forward by humanists, utopian socialists, Marxists and the positive liberals.
Alongside the demand of socio-economic equality, the emphasis on political
equality also grew stronger. In Britain, the movements to broaden the frenchise
were launched and as a result many Reform Acts were passed. In American the
Civil War (1861-66) led to the abolition of slavery. In Canada, Australia, New
Zealand and other countries 'equalitarianism' got a boost as a result of the great
impact upon politics of the changes which were taking place. After the Second
World War, the Asian and African colonies achieved independence and become
the political equals of their former colonial masters. Thus, both within the state
and between the states, political equality has become an established fact.
1.5 Types of Equality :
Since equality is a multi-dimensional concept, it has different kinds ranging
from its natural or moral variety. That is purely an ideal, to its social or economic
counterpart. That is purely a realistic affair. We may briefly mention specific kinds
of equality in the following manner :
1.5.1. Natural Equality :
It implies that nature has made all men equal. In ancient times the stoics of
Greece and Roman thinkers like Cicero and Polybius contradicted the principle
of natural equality as advocated by Plato and Aristotle by insisting that all men
were equal according to the law of nature. It was reiterated by the schoolmen of
the schoolmen of the Church who advocated the principle of the "Fatherhood of
God and brother-hood of man. Marx also desired that every man should be treated
B. A. Part-I (Semester-II) 44 Political Science

as equal as a human creature. Inspite of this, the concept of natural or moral equality
is just like an ideal to say that all earth is surface.
1.5.2. Social Equality :
While natural or moral equality is just an idea, civil or social equality is an
actuality. What we really mean by the term equality is its existence in the sphere
of man's social existence. Moreover, though are some other kinds of equality,
they are virtually the off shoots of social equality. Here equality implies that the
rights of all should be equal; that all should be treated equally in the eyes of the
law. In other words, the respect shown to one man should be determined by his
qualities and not by the grace of some traditional or ancestral privileges. There
should be no discrimination on some artificial ground.
1.5.3. Political Equality :
It means access of everyone to the avenues of power. All citizens irrespective
of their artificial differences should have an equal voice in the management of
public affairs or in the holding of public offices. Thus every adult citizen should
have the right to vote, to be elected, to hold a public office. In short, it implies the
prevalence of democracy and universal suffrage. As Cushman has said : In practice
the ideal of political equality has centered on universal suffrage and
representative government-modern democracy in short.
1.5.4. Economic Equality :
The case of political equality is integrally bound up with the case of economic
equality. It, in simple terms; implies equality in the realm of economic power.
There should be no concentration of economic power in the hands of a few people.
Distribution of national wealth should be such that no section of the people
becomes over-affluent so as to misuse its economic power, or any section starves
on account of not reaching even up to the margin of sufficiency. Thus, we enter
into the realm of equality of proportions. The principle of equality requires that
there should be a specific civil minimum in the realm of economic benefits
occurring to all.
1.5.5. Legal Equality :
Here equality means that all people are alike in the eye of the law and that
they are entitled for its equal protection. It, is in the spirit of modern law to hold
certain fundamentals of rights and duties equally applicable to all human beings.
As a constitutional principle, 'equality before law' is considered as a fundamental
principle of all the modern democratic constitutions. A.V. Dicey explains this
principle in the following words. 'It consists in equal subjection of all classes to
the ordinary law of the land administered by the ordinary law courts it excludes
the idea of any exemption of officials or others from the duty of obedience to the
law which governs others citizens or from the jurisdiction of the ordinary tribunals.'
B. A. Part-I (Semester-II) 45 Political Science

Self Check Exercise - 2

Q.1. 'Each person should be for one and nobody for more than one comment.
Q.2. What is the meaning of natural equality ?
Q.3. What do you mean by Legal Equality ?
1.6 Relationship between Liberty and Equality :
The general concept of liberty is inseparable tied up with the concept of
equality. Liberty is a condition of equality and vice versa. Equality without liberty
will be slavery and liberty without equality will be licence of anarchy. And yet it
is a paradox that there is no unanimity of opinion among writes on the relationship
between liberty and equality. Whereas some hold the view that they are
antagonistic to each other, others believe that the two are complementary,
compatible and essential for each other.
De Tocqueville and Lord Acton maintain that liberty and equality are
incompatible. Both, according to them, exist in dinverse ratio, i.e., more of liberty
less of equality, and vice versa. 'The passion for equality', says Lord Acton, 'made
vain the hope for freedom. 'Though this conclusion is based on a complete
misunderstanding of the nature of truth, if by liberty we mean unretrained freedom
for every individual to satisfy his appetite for wealth and power. Whenever and
wherever such a freedom has existed it resulted into a degeneration of the social
order and restricting the freedom of the many. In fact, great inequalities of wealth
make impossible the attainment of freedom for the less fortunate. Liberty. without
equality, is a farce. Civil liberty can only be secured when all are treated as
equals in the eyes of law. Political liberty recognizes equal status for all and
admits of no official predominance due to any extraneous considerations but the
capacity shown by objective proofs which all may try indiffer.
Therefore, to provide harmony between liberty and equality, it is imperative
that freedom should be regulated in such a manner that it harmonises the claims
of all in society. Equality, certainly, does not mean equal opportunities for
unequals. What it means is that every one should have those opportunities which
are necessary for the development of one's personality. It means that before
somebody could live in luxury, everyone in society would have shelter above,
enough to eat and survive and be able to lead an honourable life, reasonably
compatible with the standard of life in society. To conclude, we can surely say
that liberty and equality are not antithetical. Rather they are complementary to
each other.
1.7 A Proper View of Equality :
The term equality possesses more than one meaning, and that the
controversies surrounding it arise partly, at least, because the same term employed
with different connotations. Broadly speaking, equality implies a coherence of
B. A. Part-I (Semester-II) 46 Political Science

ideas that cover spheres ranging from man's search for the development of his
personality to a sort of social order in which the strong and the weak not only
live together, rather both have and exercise the right of due hearing. The idea of
equality has two sides-positive and negative. In a positive sense, equality means
the provision of adequate for all. However, the term 'adequate opportunities is not
synonym of the term 'equal opportunities'. Since men differ in their needs and
capacities and also in their efforts, they need different opportunities for their
individual self development. Thus, equality of opportunity is achieved only when
there is an appropriate opportunity to entire professions or to be successful in
business but the opportunity to lead a good life, or to fulfil one's personality. In a
negative sense, equality means the absence of undue privileges.
That is, there should be no artificial grounds of discrimination like these of
religion, caste, colour, wealth, sex etc. The concept of the equality of opportunity
should, however, be understood in a particular sense. We could not (normally)
treat men and dogs equally. Yet, at the same time, we do not treat them as equals
which clearly they are not.
Finally, the idea of equality implies that all human beings should be treated
equally in respect of certain fundamental traits common to all like human nature,
human worth and dignity, human personality and the like. Thus, the principle of equality
comes to stand on the rational principal of the equality of consideration. What we really
demand, when we say that all men are equal, is that none shall be held to have a claim
to better treatment than another, in advance of good grounds being produced.
Self Check Exercise - 3
Q.1. What is the relationship between liberty and equality ?
Q.2. Explain De Tocqueville and Lord Acton's views regarding relation between
liberty and equality.
Q.3. Explain the meaning of adequate opportunities.
1.8 Conclusion :
Like liberty, equality is an equally important theme of normative political
theory. Moreover, like liberty, it is also a subject that cannot be studied in
isolation to other related themes. Although we have two opposite views regarding
the relationship of liberty and equality. But, in Laski's view 'liberty' and 'equality'
are closely related; are compatible and complementary to each other. In fact his
attempt to harmonise the concepts of liberty and equality forms the theoretical
foundations of his democratic socialist philosophy.
1.9 Answers to the Self Check Exercises
Self Check Exercise - 1
Q.1. Originally, the principle of equality was a common man's protest against
the gross inequalities created by the superior claims of the nobility in ancient
B. A. Part-I (Semester-II) 47 Political Science

societies. But the formulation of the doctrine of equality is a product of

eighteenth century.
Q.2. The meaning of equality can not be described easily. Generally it means
that all human being are equal in their ultimate value. That they are equal
to exercise franchise, to run for and hold office. Individuals shall be equal
before law and law should imposes rights and duties to all.
Self Check Exercise - 2
Q.1. It means political equality that is expressed by Geremy Benthem. This type
of equality became the basis of democratic order, prevalent after French
Revolution (1789).
Q.2. According to natural equality nature has made all men equal. All men are
equal according to law of nature. But natural equality is not acceptable in
the present setup of democratic order.
Q.3. Legal equality means that all men are equal before law and they are also entitled
for equal protection. As a constitutional principle equality before law is considered
as a fundamental principle of all the modern democratic constitutions.

Self Check Exercise - 3

Q.1. The concepts of liberty and equality are inseparable. It is well known dictum
that equality without liberty will be slavery and liberty without equality
will be only licence of anarchy. But some hold the view that they are opposite
to each other.
Q.2. De Tocqheville and Lord Acton opined that liberty and equality are
incompatible. Both are in inverse ratio : more of liberty less of equality and
vice versa. Lord Acton's words, 'the passion for equality made vain the hope
for freedom.'
Q.3. The term 'adequate opportunities' does not mean 'equal opportunities'. As
men in their needs and capacities and also in their efforts. So they need
different opportunities for their individual self-development. 'Adequate
opportunities' mean to provide all those opportunities by which a human
being can develop his/her bestselves.
1.10 Suggested Readings
• Asirvatham, Eddy - Political Theory
• Prof. Gettell - Introduction of Political Science
• H.J. Laski - A Grammar of Politics
• N. Jayapalan - Comprehensive Political Theory
• J.C. Johari - Contemporary Political Theory
• O.P. Gauba - An Introduction to Political Theory
• www.wikipedia.org
• www.oup.com
B.A. PART-I POLITICAL SCIENCE
SEMESTER-II
LESSON NO. 2.3 AUTHOR : DR. PARAMJIT KAUR GILL

JUSTICE : MEANING AND ITS VARIOUS DIMENSIONS

1.1 Objectives of the Lesson

1.2 Introduction
1.3 Meaning and Definition of Justice
1.4 Equality and Justice
1.5 Legal and Social Justice
1.6 Liberal and Marxist view of Justice
1.7 Law and Justice
1.8 Plato's Justice
1.9 Various Dimensions of Justice
1.10 Three Principles of Justice : Rights, Deserts and Needs
1.11 Conclusion
1.12 Answers to Self Check Exercise
1.13 Suggested Readings

1.1 Objectives of the Lesson :

(a) To study meaning and definition of Justice.
(b) To discuss relationship between equality and justice.
(c) To discuss the difference between liberal and marxist, and legal and social
justice.
(d) To know about Plato's Justice.
(e) To discuss various dimensions of Justice.
1.2 Introduction :
In every organized community the ideals of law, rights, liberty and equality
have their values and there must be something to bring them together so that we
may understand the concept of a well ordered community. As we shall see, justice
is the reconciler and synthesiser of political value : it is their union in an adjusted
and integrated whole : it is in Aristotle's words, 'what answers to the whole of
goodness.... being the exercise of goodness as a whole.... towards one's neighbour'.
Curiously, the subject of justice has a significance of its own in the realm of
political theory in view of the fact that among the proper ends of state and
government, it has been given a high rank at all times.
1.3 Meaning and Definition of Justice :
The word 'justice' comes from the Latin term 'justia' which means 'joining'
or fitting. The idea of bond or tie underlies the idea of justice.
B. A. Part-I (Semester-II) 49 Political Science

In common parlance, justice means righteousness or virtueness is also

identified with truth and morality and is considered a standard bearer of the
good and bad rulers of society and conducts of man and institutions. Barker has
extended the meaning of justice by including in it the idea of joining of fitting
between value and value in general synthesis of values - the supreme value for a
just system of human relations being liberty, equality and fraternity. All these
values are present in different degrees in any legal system and there is a constant
process of adjustment and realignment between the rival claim of liberty, equality
and fraternity according to the prevailing notion of justice. The claims of liberty
have to be adjusted to those of equality, and the claims of both have to be
reconciled with those of fraternity. According to Barker again, justice is the
reconciler and the synthesis of political values. It has to coordinate and draw a
harmonious balance between the rights and duties of people living in a society.
In short, justice is to be looked at with reference to the total behaviour in society
and the characteristics of that society. A man is just if he performs his duties and
a society is just if it enables a man to enjoy his rights and 'due share'.
In a narrower sense justice is associated with the legal processes in society.
If they help the individual to secure justice, if the law making process is fair and
sound, if there exists an independent and impartial judiciary, there is equality
of law and equal protection of law etc. then it covers the legal aspect of justice.
The view supported by Plato, Augustine, Thomas Aquines etc. Their view is that
concept of justice is absolute and eternal and permanent. It does not change
with time or changing circumstances. Like truth, it is infallible.
Another view held by Aristotle, Behtham and Mill etc. is the opposite of the
first view. According to them justice is a relative concept and is susceptible to
change with changing times, conditions, values and circumstances.
In general the concept of justice is different with changing time and
circumstances. In the early period a tribal concept of justice was prevailed. The
justice was administered on the principle, 'an eye for an eye, and a tooth for a
tooth.' In the early Greek thought the concept defined as the interest of the
stronger. During the time of Plato the concept of justice occupied a prominent
place. Plato's justice is not legal. It is ethical and philosophical. It has its place in
soul. According to Aristotle, justice consists in an equality of proportion between
persons and things assigned to them. Further The Roman Jurists' view of justice
was based on the conception of the positive law or the law of people. They
considered this law in harmony and part of perfect justice and rightness.
In 17th and 18th centuries, David Hume strongly criticized the rationalist
philosophy of natural rights. He ridiculed the conception of natural justice and
liberty. He tried to substitute them by the principles of utility. Jeremy Bentham
B. A. Part-I (Semester-II) 50 Political Science

(1778-1832) followed Hume's philosophy and declared that the principle of 'the
greatest happiness of the greatest number.' In the 19th century the marxists viewed
the concept in terms of the economic system and the mode of production in society.
So, it is very clear that the concept of justice has not been static. It has been
changing with the change of time and circumstances. A precise definition of the
term justice is beset with the problem of its normative as well as empirical
connotations. While in the normative sense, it implies the idea of joining or fitting
the idea of a bond or a tie. In an empirical context, it has its relation with the
concept of positive law with the result that law and justice become sister-concepts.
It is owing to this affirmation that the fundamental purpose of law is said to be the
quest for justice which is to be administered without passion as when it (passion)
'comes at the door, justice flies out of window. If justice is viewed in this sense, it
implies' the fulfillment of the legitimate expectations of individual under the
existing laws and ensuring him the benefits promised there in and to afford him
protection against any violation of his rights or against any encroachment on his
rights.

Self Check Exercise-1

Q.1. Explain the term justice.
Q.2. Write in your own words definition of justice.
Q.3. Justice is a relative concept. Comment.

1.4 Equality and Justice :

To say that an action is just, means that it produces a just state of affairs.
For example, when the government passes a land ceiling act, we call such a state
of affairs just. Because it is a condition of equality. Thus justice relates to men
and is distributive in nature. We have interpreted justice as the distribution of
benefits and burdens. Distribution does not imply simply the physical act of
distribution. Only way of distribution is to allow everyone to retain what he
currently possesses. Such a principle does not satisfy the criterion of equality. A
genuine distribution involves the distribution of resources as an end in itself.
The Romans defined justice as 'to each according to his due'. The just state of
affairs is that in which each individual has exactly those benefits and burdens
which are due to him by virtue of his personal characteristics and circumstances.
Two corollaries flow from the definition of justice, 'to each his due'. First, it
implies equality where two men are equal in relevant respects, they should be
treated alike. For their 'dues' are the same. Thus justice is necessarily egalitarian
and this is one way of interpreting justice.
The second corollary is the idea of proportion. According to Aristotle, justice
is not mere arithmetical equality but proportionate equality. It means 'equals for
B. A. Part-I (Semester-II) 51 Political Science

equals and unequals for unequals'. The application of the principle of proportion
enables us to deal with cases where dues are the same and with those where the
dues are different. Thus, no doubt it gives room for discrimination when the
criterion for discrimination is objective. The practice of discrimination is not
regarded as unjust. Different punishments are given to different crimes. Assault
and murder are distinguished and the law distinguishes between willful murder
and culpable homicide not amounting to murder. The relevant criterion of
discrimination is the gravity of the crime committed by the individual. The
amount of punishment inflicted on each man should be proportional to the gravity
of the crime committed by him. Sometimes, there is a deviation from the
observation of the principle of proportion when the courts award deterrent
punishments. This is in respect of a particular type of crime which is prevalent,
such as rape, child-lifting and eve-teasing. A deterrent punishment may be
justified on the ground of social interest, but it would seem that the punishment
is in excess of the crime or that merited by the degree of guilt. The imposition of
exemplary punishment for the type of crime that is widespread, is tolerated
because it would deter other potential offenders. But it has to be admitted that
there is an element of injustice in the degree of the penalty imposed. Here, with
some measure of compunction we reluctantly allow the utility to prevail over
that of justice.
1.5 Legal Justice and Social Justice :
David Miller in his book 'Social Justice' distinguishes between legal justice
and social justice. Legal justice concerns the rights of the individual and assures
to all equality before law. Social justice relates to the distribution of benefits and
burdens to all members of the society. Legal justice protects the rights of the
individual by punishing the wrong doer and compensating civil wrongs through
the enforcement of the law. It also lays down the procedures for applying the law
such as fair trail and right of appeal. Its basic principle of equality before law
means that justice is neither the exercise of charity towards the poor not the
enjoyment of privilege by the rich. Social justice deals with the distribution of
benefits and burdens to the members of society. The regulation of wages and
profits and the provision of housing, medicine, welfare benefits and educational
facilities fall within the scope of social justice. A rearrangement of property system
for removing poverty comes under the rubric of social justice. In the mass
democracies of the present time, those who exercise power, see to it that social
benefits are spread over to all sections of the poor in order to retain the support of
the masses.
1.6 The Liberal and the Marxist view of Justice :
The conflict between the liberal and the marxist theories of justice indicate
B. A. Part-I (Semester-II) 52 Political Science

its complexity in modern time. Locke, the intellectual parent of modern liberalism
held the doctrine of social contract or consent and he was a believer in the theory
of natural rights. According to him men possess certain absolute moral rights
such as the right to life, liberty and the opportunity to pursue happiness. The
state's duty is to guarantee and protect these natural rights. The enjoyment of
natural rights by the individual which is guaranteed by the state is the basis of
justice and the state is designed to guarantee justice which means established
rights. From Locke's theory of justice which is inseparable from rights. A man's
rights are what he is entitled to as a matter of justice. The liberal view of justice,
according to Barker, is the fitting together in a synthesis the three basic
democratic values of liberty, equality and fraternity. For the marxists there is no
justice in the class-based, capital society whose inequality springs from the social
and political disparity between the haves and the have nots. Justice is realized
only in a classless society of communism established after a violent destruction
of the present capitalist social order. The marxists do not consider the state as a
custodian of the general interest of the community but an instrument of class
exploitation in the hands of the capitalists. Whereas the liberal concept of justice
upholds the rights of the individual including the right to property and considers
the state necessary for the guarantee of rights, the marxist idea of justice does
not consider that possession of individual rights against the claims of general
social order is necessary for the realization of justice and holds the view that the
abolition of the state and the right to property are the necessary conditions for
justice. In short the marxists believe that justice is concerned with the order of
society as a whole. While the liberals view justice as an expression of individual
rights in contrast to the claims general social order. For marxists are collectivists
and liberals are individualists.
Self Check Exercise - 2
Q.1. Explain the relationship between equality and justice.
Q.2. What is the difference between legal and social justice ?
Q.3. Write the liberal and marxist view of justice.
1.7 Law and Justice :
Law is a body of binding rules declared and enforced by a human authority.
Such a body of binding rules is positive law i.e. the law which is declared and
'set' (positum) and is recognized by the courts and actively enforced by their
action (impositum). Positive law is imposed by the state. The two sources of law
are (i) the personal source of human authority which in a democratic society is
the authority of the community. (iii) the impersonal source of justice or rightness
which adds strength to law because it is right and just in itself. Barker points out :
B. A. Part-I (Semester-II) 53 Political Science

authority gives validity to law and justice give it value. A law has validity and I am
legally obliged to obey it if it is declared, recognized and enforced as law by the
authority of the legally organized community, acting in its capacity of a state. A law
has value and I am bound to obey it not only legally and not only by an outward
compulsion but also morally and by an inward force; if it has the inherent quality of
justice. Ideally, law ought to have both validity and value. Thus there is a close
connection between justice and law. Justice is the impersonal force that sustains
the legal system of a country. Since law possesses the inherent quality of rightness
and obedience to it is voluntary and the need to resort to force to secure obedience
is avoided. Justice includes the whole held of legal principles based on natural
justice, custom, precedent and enactment. It also covers the legal procedures that
the courts follow. Lawyers equate justice with law because law protects the rights of
the individual and enforces the duties which correspond to rights and restricts the
area of the legal authority of the state so that the individual may enjoy as much
liberty as possible.
This equation of law with justice does not mean that everything that the law
does is just. Sometimes law failed to meet the standards of fairness by showing
partiality. For example when the tyrant Creon refused Antigone the permission
to bury her dead brother, she chose to disobey him by appealing to the higher law
which required that the dead should be honoured. This law called natural law
expresses ideal values which are nevertheless real for those who believe in it. It
is natural law because it corresponds to the nature of man and it is just everywhere
and at all times.
1.8 Plato's Justice :
Plato regards justice as the principle of harmony prevailing in the society
whose members cultivate the virtue of self-control and do not meddle in the duties
of others and practice jobs for which they are naturally fitted. Plato negatively
describes this idea of justice in 'The Republic', when he says in refutation of
Tyrasymachus that a just man observes a limit and does not engross another man's
due to share. Of course the notion of distribution is absent in Plato's definition.
1.9 Various Dimensions of Justice :
There are four important dimensions of justice - legal, political, social, and
economic. The legal dimension of justice is concerned with justice ness of the
law making institutions and independence of judiciary. Political justice means
the equal participation of all in the affairs and power of the state. Social justice
lays emphasis on equality and economic justice has a reference to the satisfaction
of economic needs of the people or the abolition of private property.
1.9.1 Legal Dimensions :
The legal dimension of justice implies the existence of just and rational
B. A. Part-I (Semester-II) 54 Political Science

laws and faithful adherence to them. It means that in every state there is one law
and one judicial system, and another creation of the state. Law must apply to all
men as men and equal protection of life for every one under the law. To achieve
the legal justice there is a need of independence of judiciary. The Independence
of judiciary is now a universally accepted principal of modern justice. The
judiciary is regarded as the watchdog of the constitution and the protector of the
rights of the people.
1.9.2 Political Dimension of Justice :
Legal dimension of justice is concerned with the formal rules. The political
dimension of justice is concerned with the actual policies through which the
political process realizes the norms of justice. The essence of political justice as
pointed out earlier, is political equality. Political equality means that all citizen
have the same political rights and equal voice in the government and an equal
access to all offices of authority provided the necessary qualifications are fulfilled.
1.9.3 Social Justice :
Social justice means social equality which in turn implies that all citizens
are equally tangible units of society and no one is entitled to special privileges.
All have an equal opportunity to stand up and develop their personality. It implies
the absence of all distinctions in a social status of the people because of differences
in a race, colour, rank, class or caste. In our Indian constitution 'fundamental
rights' and 'directive principles of state policy' with the sole aim of providing
social justice to the people at large. The socio-economic dimension of justice is
an extension of the legal and political dimension of justice.
1.9.4 Economic Justice :
Economic equality involves sufficiency for all to satisfy their primary needs.
Economic justice has been looked at from two different points of views. They are
those of the liberals and marxists. The liberals consider the state as an agency to
provide socio-economic justice. According to them the ends of economic justice
would be met if the state could fulfil the economic needs of the people and
disparities of income are reduced in society. Marxists firmly believe that a just
socio-economic order could be established only when the proletariat put an end
to all modes of bourgeoise exploitation by smashing the bourgeoise state apparatus
through a successful revolution.
1.10 The Three Principles of Justice : Rights, Deserts and Needs
The definition of justice, 'to each his due', means differently to different
persons. There is no single conception of justice. Differences arise when we
attempt to decide what a person's due actually means. Three principles of justice
are offered as fundamental alternatives. They are (1) rights (2) deserts and (3)
needs. The three principles agree on the common point that justice is distributive.
B. A. Part-I (Semester-II) 55 Political Science

First, justice is interpreted that a man's due is that to which he has a right or
is entitled. This point of view may be expressed in the formula, 'to each according to
his rights'. These rights do not depend on a person's current behaviour or other
individual qualities. For this reason it is appropriate to describe this conception of
justice as 'conservative'. It is concerned with the continuity of a social order over
time, and with ensuring that men's expectations of one another are disappointed.
Secondly, justice is viewed from an ideal point of view. The distribution of
rights itself can be assessed from the point of view of ideal justice. The principle
of ideal justice is the principle of desert. Men ought to be rewarded according to
their deserts. This is an alternative way in which the general formula of justice is
expressed, i.e., to each his due. Here a man's due to taken to mean his deserts.
'Desert' in turn may be interpreted in a number of ways. Although it always depends
upon the actions and personal qualities of the persons said to be deserving. Thus
a man's deserts may be measured by his moral virtue, his productive efforts and
his capacities and so on.
Thirdly, D.D. Raphael considers the criterion of need to be more central to
ideal justice than the idea of desert. This is the third interpretation of the definition
of justice, 'to each his due'. Thus, justice means to each according to his needs.
Need is conceptually different from desert. When, we say that a man needs food,
we usually mean that it is necessary for him and it will injure him if he does not
have food. According to Raphael, the conception of need is more central to ideal
justice, or that he calls 'prosthetic justice' than the conception of desert. Rights
and deserts and right and needs are contingently in conflict. In a society
conservatives insists on rights primarily, liberals on deserts primarily and the
socialists on needs primarily. Only in an ideal society the actual distribution of
rights, deserts and needs would correspond to the ideal distribution.
The conflict between the three principles arises only when we strive for a
social orders in which we give priority to one principle at the expense of the other
two. Deserts and needs are necessarily in conflict because no society can
distribute its goods according to both need and desert. The conflict between the
two seems to be inevitable because they are two different specifications of ideal
justice which we all strive for. The reservations of seats in colleges for the
backward classes which, in practice, amounts to discrimination against the
forward classes is justified on the ground of equity, because this discrimination
actually promotes equality by raising the educational level of the backward and
scheduled classes to that of the forward classes. This shows that the principle of
equality is central to the concept of justice.
Self Check Exercise - 3
B. A. Part-I (Semester-II) 56 Political Science

Q.1. What is the difference between law and justice ?

Q.2. What is Plato's justice ?
Q.3. Discuss various dimensions of justice.

1.11 Conclusion :
In conclusion, it shall be worthwhile to say that justice is the connecting
bond of all important political values. For instance, there can be no liberty if the
norm of equality is violated and there can be no equality if there is no justice.
Obviously, justice is integrally connected with the norms of liberty and equality.
Liberty is closely related with rights and rights are clearly protected by well
organised system of law. Obviously, the idea of justice is essentially bound up
with the concepts of rights and law. The most important point to be taken note of
at this stage is that not only the ideal of justice is integrity connected with the
norms of law, liberty, equality and rights, it constitutes the essential link. Justice,
in this sense, is the reconciler and synthesiser of political values.
1.12 Answers to the Self Check Exercises
Self Check Exercise - 1
Q.1. Word 'Justice' comes from the Latin term 'Justia' which means joining.
This idea of bond or tie underlies the idea of justice.
Q.2. In simple words justice means righteousness or virtue. It is a supreme
value for a just system of human relations being liberty, quality and
fraternity. Justice has to coordinate and draw a harmonious balance between
the rights and duties of people.
Q.3. According to Aristotle, Benthan or Mill etc. justice is a relative concept. It
means that the concept of justice has changed with changing time and
circumstances. In early tribal like concept of justice was prevailed - an eye
for an eye and a tooth. Subsequently, Plato justice was the ethical and
philosophical which has its place in soul. Aristotle defined justice consists
of equality of proportion between persons and things. Roman jurists
described justice as a positive law. Benthem defines justice is greatest
happiness of greatest numbers. In modern times justice consists of liberty,
equality and fraternity. Therefore justice is a relative concept.

Self Check Exercise - 2

Q.1. As Justice relates to men and it is distributive in nature. A general
distribution involves the distribution of resources as an end in itself. The
just state of affairs is that in which each individual has exactly those benefits
and burdens which are due to by virtue of his personal characteristics.
Q.2. 'Legal justice' concerned with the rights of the individual and assures to all
B. A. Part-I (Semester-II) 57 Political Science

the equality before law. Social justice relates to the distribution of benefits
and burdens to all members of the society.
Q.3. Liberal view of justice according to Locke is the enjoyment of natural rights
by the individual which guaranteed by the state is the basis of justice. Liberal
view of justice we can explain in Barker's words : justice is fitting together
in a synthesis of the three basic democratic values of liberty, equality and
fraternity. Marxists criticises this concept of justice. According to them these
is no justice in the class based capitalist society. Justice is realised only in
a classless society of communism established after a violent destruction of
the present capitalist social orders.

Self Check - Exercise - 3

Q.1. Law is a body of binding rules declared and enforced by a human
authority. It is based on recognised the sources of law : (1) personal
sources of human authority (2) the impersonal source of justice of
rightness which adds strength to law because it is right and in itself, so
justice gives value to law. Justice is an impersonal force that sustains
the legal system of a country. Justice includes the whole field of legal
principles based on natural justice, custom, precedent and enactment.
Therefore 'law of justice' are closely connected.
Q.2. Plato defines justice in his own way. It means principal of harmony
between the members of society. Individuals should cultivate the virtue
of self-control and do not meddle in the duties of others. They should do
the jobs for which they are naturally fit. Plato's justice is ethical or
philosophical justice.
Q.3. (a) Legal Dimension : justiceness of the law making institutions and
independence of judiciary.
(b) Political Dimensions : equal participation of all in the affairs of state. It
is concerned with the actual politics through which the political
process realises the norms of justice.
(c) Social Dimensions : means social justice which implies for social
equality. All citizens are equal units of society and no one entitled to
special privileges.
(d) Economic dimension of justice includes economic equality. It means
fulfillment of basic needs of all.

1.13 Suggested Readings :

• N. Jayapalan - Political Theory
• J.C. Johari - Contemporary Political Theory
• Tom Campbell - Justice
B. A. Part-I (Semester-II) 58 Political Science

• James Bryce - Modern Democracies

• Enrest Barker - Principles of Social and Political Theory
• M.C. Chagla - The Individual and the State
• Bakhshish Singh - The Supreme Court as an
Instrument of Social Justice
• A.C. Kapur - Principles of Political Science
• J.C. Johari - Principles of Modern Political Science

• www.cup.com
• www.routledge.com/books