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It is not just about dispensing justice. Honor is also justice. There is also
the matter of representation. They will also be able to listen in. There is
also the issue of due process. Also a correction of the injustices of history.
Justice asks who gets what, why, how to make decisions, how to make
rules and bear the burden of rules.
42.1 Justice: From the Individual to the Institution
A person can act justly or unjustly. also laws and institutions. In modern
societies, education, health, property, police, courts, elections, labour
market and family norms shape life opportunities. For this reason,
justice is not only a personal virtue but also a criterion of social structure.
42.2 Distributive justice
Distributive justice asks for fair sharing of resources, opportunities,
burdens and benefits. Equal sharing, need-based sharing, merit and
contribution, and free exchange all present different theories. No single
theory is sufficient in every field. According to emergency medicine
requirements and award achievements, civil rights can equally demand
different things.
42.3 Rawls and fairness
Rawls 's hypothesized origins provide a means to think objectively,
removing information about the person 's social identity, wealth, race,
gender, and talents. Its strength is that a person chooses rules when he
does not know where he will be born in society. Parallel philosophy finds
this fiction useful, but at the same time asks how much of the real
injustices of history can be understood only through imaginary fairness.
42.4 Recognition and representation and voice
Who sits at the table to decide what is right? If the principle of justice is
built without the voice of the victim, then the fairness of the principle
must be re-examined. Representation is more than just numbers; it
requires effective participation, language access, information, and real
influence on decisions.
42.5 Procedural justice
Correct results are not enough if the process is opaque, biased or abusive.
Hearing, reasoned judgment, appeals, common law, and conflict-of-
interest disclosures are all part of procedural justice. Public hearings are
an important form of civic respect from the courthouse to the school.
42.6 Correctional and Historical Justice
The injustices of the past can survive by becoming the structures of the
present. The effects of history can be passed down through generations,
from land-grabbing to slavery to caste-abuse to education and women 's
property. Corrective justice is seeking institutional answers by
identifying the historical sources of existing inequality, not retribution.
Pūrvapakṣa (Prima Facie View): Justice is only applying the same rules
Uttarapakṣa (Response): Uniform rules are necessary, but if the initial conditions are
structurally unequal, uniformity of rules can secure long-standing unfairness in the
outcome.
42.12 The desert and the question of eligibility
People often say that a worthy person will receive his fruits. But what is
merit based on: effort, contribution, necessity, sacrifice, or discipline?
This criterion gives a different result. It is hard to complete the same
distributions all at once.
Measuring effort is difficult because opportunities and abilities are
different. Contributions do not equate to market value; care workers are
paid less than is necessary for society. The emphasis on necessity begs
the question of incentive.
Justice is not a blind application of a principle. Criteria should be clear
by region: achievement in awards, need in health care, and equal status
in civil rights. The reason why the category changes is also different.
42.13 The criminal justice
Punishment of crimes may aim for retribution, deterrence, reform, social
security or victim recognition. A tool does not serve all purposes in the
same way. While harsher penalties are popular, they can be ineffective
in reducing crime.
The appropriate penalty should be proportional to the fault and the harm
caused, in terms of intent and procedure. Reducing the risk to the
innocent is the paramount prerequisite because wrongful convictions
cannot be reversed. Poor legal aid to the poor can make similar laws
unequal.
A guilty person does not lose his or her dignity. Rehabilitation, education
and the possibility of returning to society can be a means of preventing
future harm, not of undermining justice.
42.14 Restorative Justice
Restorative perspectives view crime not only as a violation of the law but
as a loss to the individual and the relationship. The needs of the victim,
the responsibility of the offender and community improvement are
brought into the dialogue.
It is not appropriate for every crime. Reconciliation pressure on victims
of power imbalances or violence can cause other harm. Participation
must be voluntary, security strong and legal rights protected.
Success requires more than just forgiveness; it requires acceptance of the
truth, resilience, behavioral improvement, and a plan to prevent relapse.
Punitive and restorative means may be combined depending on the
context.
42.15 Preface: Justice is a perfectly fair rule
One opinion says the judge should have his eyes closed; bias will creep in
by looking at a person 's history or identity. The norm of the uniform rule
prevents arbitrary special behavior.
But without context, the same rules can repeat the same reality. The
implication of organised theft for profit and food theft by the hungry are
different. Contextual bias does not exist if the criterion is universally and
uniformly applicable.
Impartiality does not mean impersonality; it means removing irrelevant
identities and assuming relevant situations for obvious reasons.
42.7 What is the object of the distribution?
Justice is not just a question of sharing the wealth. Rights, opportunities,
dignity, time, security, education, health, and political voice are also
distributed. The actual freedoms of two people with the same income
may differ due to the burden of health care or social discrimination.
The same indicator does not capture all losses. The policy will first decide
what is morally relevant and then check distribution. The measurement
choice itself is the evaluation. its reasons will be public.
42.8 Processes and Outcomes
Fair processing increases the likelihood of a fair outcome, but structural
impediments can recur if the process appears fair. On the other hand,
arbitrary procedure may destroy the right to a desired outcome. Justice
considers both to be a joint criterion.
Selection, hearing, record and appeal are parts of procedural justice. The
results showed burden-gain, affected groups, and long-term effects. The
success of one side is not the only proof of justice.
42.9 Ignorance of the Rolls - Cover
The decision-makers in the illusion of ignorance do not know their class,
caste, talent, religion or social position. The aim is to reduce the bias for
personal gain and choose principles that are acceptable regardless of one
's position. This is a test of fairness, not an actual meeting.
Criticism asks whether individuals can think so differently from
community relations and whether historical injustices are invisible in
abstract choices. The parallel method adds the actual history of the victim
with fairness.
42.10 Ability - Vision
Not everyone can do the same thing when given the same amount of
resources. Ability-vision asks what a person can really do and be. Health,
social support, environment, and discrimination affect the power to
convert resources into freedom.
Who decides the list of abilities is a difficult question. A list of experts is
not enough.The affected person needs a voice and a public argument.
Lifestyle should not be imposed in the name of increasing capacity.
42.11 Generational Justice
Today 's decisions leave future people with debt, environmental damage
and institutional opportunities. The prospective individual may no
longer consent, but his or her interests are not morally void. It is unfair
to put the entire cost of current profits into the future.
The decision is not impossible because of the uncertain future. Take
precautions according to the potential serious harm, availability of
alternatives, and irreversibility. Generational justice demands an honest
accounting of the costs of not halting development.
Chapter Conclusion
Justice encompasses resources, rights and dignity, process and
representation, and history. Parallel philosophies consider justice to be a
combined test of dignity and public propriety.
Chapter Bibliography
John Rawls — A Theory of Justice.
Amartya Sen — The Idea of Justice.
Nancy Fraser — Scales of Justice.
Iris Marion Young — Justice and the Politics of Difference.
B. R. Ambedkar — Annihilation of Caste; States and Minorities.
Stanford Encyclopedia of Philosophy — “Justice”; “Original Position”.