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Tuesday, June 22, 2010

Idea of Justice

This article give my crude ideas on justice at this point of time. For clarity, I have neither read the book "The Idea of Justice" by Amartya Sen nor "A Theory of Justice" by John Rawls.

Justice is both personal and social in every aspect. Both of aspects are interdependent and produce effects that change the path of society and individual respectively. The rule of law is directly taken by man from nature. Hence, it always go in hierarchical structure rather than equality for all. Hence, providing justice to all is a complex phenomenon.

We have to know the difference of revenge and justice. People want a scape goat as the front face to accuse swiftly and get a justice. One can certainly defend domination in the name of freedom, but those oppressed by such a view or practice of freedom would say that not all freedoms are equal or equally worth defending. Oppressed has more sense of justice than oppressor, hence concept of justice should be studied always from the victim and the neutral point of view.

Social justice needs to be fought against and an absolute value needs to be accorded to human dignity the realisation that my own dignity cannot exist without the dignity of others. The struggle for social justice is against those that produce resentful domination in power distribution in society. Moderation and tolerance are essential prerequisites of development of the just society.

Nasir Aslam Zahid, the former judge in Pakistan said that the common citizen’s view of justice was not formed by the superior judiciary’s decisions in constitutional cases as much as it was based on an innocent man’s failure to obtain bail from a magistrate, or another innocent person’s inability to escape illegal detention for his failure to bribe an SHO, or when he sees a privileged person enjoying a facility that is denied to all others.

So even steps done in the name of development can lead to the violence. That is better discussed Development and Violence: Some Clues? by SouthAsianIdea.

The usurpers and dictators don't like any form of justice. They view justice in the terms of and judge persons or ideas on the basis of loyalty. The contents of which the authorities are totally ignorant of, is terned as treasonable.

Christopher Hitchens summarises dictatorship governance as : The true essence of a dictatorship is in fact not its regularity but its unpredictability and caprice; those who live under it must never be able to relax, must never be quite sure if they have followed the rules correctly or not. (The only rule of thumb was: whatever is not compulsory is forbidden.) Thus, the ruled can always be found to be in the wrong. The ability to run such a "system" is among the greatest pleasures of arbitrary authority,

I had already given my points on the concept of justice in the democratic system long ago : Justice and Democracy. The religious and cultural background of the country affects the lawmaking and judicial process. With the migration and increasing diversity, the idea of justice changes drastically. Today, I have not clue what will be the idea of justice in a future pluralistic society.

Partly, I assume to conclusion that Justice can be easily achieved in democratic form of governance than a dictatorship. Yet, there is no sense in retaining a regime that had lost a democratic legitimacy and operated based solely on violence and deception. The social norms will be violated and evolve gradually.

Law and order forms the backbone of the Justice in the society. Prevailing justice through laws is essential part to maintain justice in the society. How worse may be the order, prohibition laws doesn't solve problem in any field, be it literally, religious, political or economic sanction. So justice done in the name of prohibition will give rise to perpetual cycle of violence and injustice.

The core value of the liberal society to get an idea of justice is free speech, critical thought and tolerance. It will enable an individual to stand up to the dictates of power and to the embrace of wealth, even to the seduction of popular prejudice. And, then the society cope with its problems and rule of the wild is tamed by the civilized world. In any time, I am only asking you to be critical of authoritarian power to get an idea of justice.

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