JUSTICE

Justice

Justice

Abstract

Justice remains a complex subject both on theoretical and practical basis. Therre are many types of justice, including restorive and distributive. Both of these terms have different meanings in various situations. The debate about the applicability of justice is not new and it continues till today. This paper presents the concept of justice, with its applicability in the contemporary modern world. The cost benefit analysis is also included; which provides an insight into whether the states have successeeded in maintaining the spirit of justice or not and is the justice being implemented in the truest sense of its meaning.

Concept of Justice

Historically, the concept of justice is based on equality. It means that justice requires the states to treat individuals as equal. But in practical terms, it is very difficult to assume or create such an ideal situation, where, all individuals enjoy equal status. A fact stands that all humans are not equal (Mower, 2008). Partaining to this universal truth, there exists an inherent distinction or differentiation that hinders the applicability of justice on the basis of equality.

Plato and his followers have conceived justice on the basis of inequality. This inequality persists in hierarchieal form. This means that provision of justice should be based on merit. This is what the basic concept prevailing in this world today. According to Aristotle, intellectual and moral virtue are two basic components, which define merit, when it comes to justice and he calls it the pure form of distributive justice.

Most of the thinkers, including, Locke and Rousseau have presented a wholly different view in their theories. They perceive justice as a form of right or ownership, which applies to every individual. For example, an individual, who has the power to own a piece of land, or one who has understood the value of rights for himself, is bound to be treated with justice on all accounts (Folger, 2008). For example, if a there is a situation that requires an individual to be punished, then all the issues should be taken into consideration, before finalizing the verdict in favor or aginst the culprit. This example emphasizes the need that punishment should be justified and it should not be based on racial or ethnic background.

Justice in the modern world

The historical meaning of justice has not changed. In today's world as well, justice is measured in accordance with a prescribed set of values, ...