Here, you will find summaries, questions, answers, textbook solutions, pdf, extras etc. of (Nagaland Board) NBSE Class 11 Political Science Chapter 6: Justice. These solutions, however, should be only treated as references and can be modified/changed.
Introduction
Justice, often depicted as a blindfolded goddess holding evenly balanced scales, is a complex and multifaceted concept. It is a kind of “final virtue” that unites all other virtues like liberty, equality, fraternity, and public good. This article delves into the various aspects of justice, its meaning, kinds, and ways to secure it.
Justice is a coordinating or harmonizing doctrine that protects the rights of individuals and the order of society. It is based on the principle of equality, where each person counts as one and no more than one. This principle prohibits discrimination on grounds of race, caste, religion, sex, etc. The Greek philosophers Plato and Aristotle believed in “Proportionate Equality”, i.e., treating equals equally and unequals unequally. A person’s rights and awards must correspond to their worth and contributions to society.
Justice is categorized into Legal, Moral, Political, and Social Justice. Legal Justice emphasizes two factors: the rule of law and the right to a fair trial. Political Justice involves the right to take part in the government of one’s country through freely elected representatives. Social Justice demands that all should be provided with adequate opportunities for their development. It involves both a commitment to civil liberties and a belief in social justice, i.e., giving to the people what they need in terms of food, clothing, housing etc.
Economic Justice is another important aspect. It includes the right to work, equal pay for equal work, right to property and its limitations, satisfaction of the basic minimum needs, protective discrimination, and individual freedom as well as the larger good of society.
Securing justice involves criteria of impartiality, satisfaction of the basic minimum needs, protective discrimination, and individual freedom as well as the larger good of society. Protective discrimination can be made on just and proper grounds. For example, Dalits in India had been treated unfairly in the past. Therefore, special facilities are provided for them. Similarly, the women, the disabled, and other disadvantaged groups seemed to require extra-special facilities.
Thus, the success of a ‘Just Society’ lies in harmonizing all the three value systems: equality among equals, a high reward for those with special talent or merit, and fulfillment of basic needs of all plus ‘Protective Discrimination’ in favor of disadvantaged sections of society.
Textual questions and answers
A. Long answer questions
1. What is meant by Justice? Do you agree with the view that each person needs to be given his/her due?
Answer: Justice is a kind of “final virtue” which unites all other virtues like liberty, equality, fraternity, and public good. It is a complex concept, involving many details.
Yes, it is agreed that each person needs to be given his/her due. This is reflected in the concept of Economic Justice, which includes the right to work and state assistance in cases of unemployment and disablement. A person should be ensured the right to work. Moreover, a Welfare State ensures social security to its citizens, who now have the right to public assistance in case of unemployment, old age, sickness or disablement. In the words of John Rawls, “Justice is not an ‘ethic of rewards’ but an ethic of redress”.
Those who are highly gifted must get proper reward, but it is all the more necessary to improve the lot of the “least advantaged” sections of society. Men and women must get equal pay for equal work. Economic weakness of women and the tender age of children should not be exploited. Protective Discrimination can be made on just and proper grounds. Dalits in India had been treated unfairly in the past. Therefore, special facilities were provided for them.
Similarly, the women, the disabled and other disadvantaged groups seemed to require extra-special facilities. Such a treatment might be termed ‘Protective Discrimination’. They cannot be made prosperous overnight, but their sufferings can be mitigated to some extent. Arthur Okun says, “Society cannot stop rain, but it does manufacture umbrellas.”
2. Describe the key elements of Legal and Political Justice.
Answer: Legal justice: As far as the legal justice is concerned, an emphasis is laid on two factors:
- the need for just laws, and
- the just administration of laws. The existence of “Just” laws alone is not enough. It is also necessary that dispensation of justice is not excessively delayed and it should not involve much expenditure.
The law-courts should enjoy full freedom in settling the disputes. Judges are generally called upon to judge the cases impartially and not to be swayed by the thoughts of enmity, friendship, fear or an allurement.
Political justice: Universal Declaration of Human Rights proclaimed: “Every one has the right to take part in the government of his country, directly or through freely chosen representatives”. This, in other words, is called “constitutional democracy”.
The right to vote is a precious means to protect all other rights of citizens. It makes people conscious of their real political worth. It also makes people’s representatives aware of their duties towards the electorates. Political Justice comprises several features, such as:
- periodic, free and fair elections
- universal suffrage
- secret voting, and
- equal access to public offices.
5. What are the ways to secure Justice?
Answer: Some of the ways to secure justice are.
Criteria of Impartiality: Impartiality is significantly important in the scheme of justice. It means that nobody shall be discriminated against on grounds of religion, descent, caste, sex or place of birth.
Satisfaction of the Basic Minimum Needs: It is the calling of justice that man’s basic needs must be satisfied. Such needs, of course, would differ from country to country. They also change with the passage of time. According to a UN Report there are six parameters to count a family as being above the poverty line: simple food throughout the year, safe water, health amenities, housing, sanitary facilities and mass literacy, children getting education till primary level.
Protective Discrimination: It has been stated earlier that nobody should be subject to discrimination. Some discrimination, however, can be made on just and proper grounds. Dalits in India had been treated unfairly in the past. Therefore, special facilities were provided for them. Similarly, the women, the disabled and other disadvantaged groups seemed to require extra-special facilities. Such a treatment might be termed ‘Protective Discrimination’.
Individual Freedom as well as Larger Good of Society: Concept of justice lays due stress on “the dignity of an individual.” Citizens are provided with various kinds of freedoms for the sake of protecting their respect and dignity. The liberal democrats are of the view that better economic results are obtained for society by leaving commerce and industry, as far as possible, in private hands.
B. Short answer questions
6. What is Proportionate Justice?
Answer: The Greek philosophers Plato and Aristotle believed that justice meant “Proportionate Equality”, i.e. treating equals equally and unequals unequally. A man’s rights and awards, Aristotle believed, must correspond to his worth and his contributions to society. Flutes should be distributed, he said, only among those who have the capacity to play this musical instrument. According to this notion of justice, allocation of goods and honours should be according to one’s worth. Thus Justice required discrimination on the basis of differences. The State should classify people into several groups according to their ‘merit’ or abilities. Persons with special talent or those who can produce something valuable for society, will deserve a high reward.
7. Why did 20th century liberal thinkers develop a theory in which State assumed greater responsibilities in the economic field?
Answer: In the long run, laissez faire resulted in an exploitative system. Long hours of work and inadequate wages-these were the miseries to which the workers had to submit. The social misery of the unorganised masses made thinkers realize that “liberalism is in need of revision”. Twentieth century liberal thinkers, Laski, Hobhouse and MacIver, developed a theory in which State assumed greater responsibilities, particularly in the economic field. Modern liberalism stands for Social Justice. It involves both a commitment to civil liberties and a belief in social justice, i.e., giving to the people what they need in terms of food, clothing, housing etc.
8. Mention the Marxist view of Distributive Justice.
Answer: according to the Marxists, the source of injustice lay in the institution of private property. The Class that owns the means of production would control the State machinery as well. Injustice will come to an end only when the institution of private property is abolished. The present capitalist system will be destroyed by a proletarian revolution. The revolution will be followed by the ‘Dictatorship of the Proletariat’. The dictatorship, said Karl Marx, is transitory in nature. After a socialist society has been established, the need for this dictatorship will not be there. The state will wither away. A ‘classless society’ would be a ‘stateless society’ also and such an order is seen as the culmination of justice. It would be a society of the free and the equal. Such a Classless Society, needless to say, is dreamy and utopian.
C. Multiple Choice Questions: Tick (✔) the correct answer.
9. “Each person was to count as one and no more than one”. Who said so?
Answer: (b) J. Bentham
10. Who, among the political thinkers, made both ‘the need’ as well as ‘merit’ the basis on which he framed his theory of Justice?
Answer: (c) John Rawls
11. The main component of Political Justice is:
Answer: (b) The right to take part in the government of his/her country through freely elected representatives
12. Abolition of Untouchability and such other practices would fall under the scope of:
Answer: (c) Social Justice
Value-based question
The Women’s Reservation Bill providing for thirty-three percent reservation for women in the Lok Sabha and State Assemblies is pending in the Parliament. Would you call it a justifiable measure? Give reasons for your answer.
Answer: Yes, the Women’s Reservation Bill providing for thirty-three percent reservation for women in the Lok Sabha and State Assemblies is a justifiable measure. This is because it aligns with the concept of ‘Protective Discrimination’. It has been stated earlier that nobody should be subject to discrimination. However, some discrimination can be made on just and proper grounds. Women in India had been treated unfairly in the past. Therefore, special facilities are provided for them. They cannot be made prosperous overnight, but their sufferings can be mitigated to some extent. Arthur Okun says, “Society cannot stop rain, but it does manufacture umbrellas.” In all civilized societies some concessions are available to those who are disadvantaged. In the words of John Rawls, “Justice is not an ‘ethic of rewards’ but an ethic of redress.” Those who are highly gifted must get proper reward, but it is all the more necessary to improve the lot of the “least advantaged” sections of society.
Additional/extra questions and answers
1. What is the principle of equality as applied to justice?
Answer: The principle of equality in justice stipulates that “each person was to count as one and no more than one.” This principle is foundational to concepts such as “equality before the law” and equal protection of laws, prohibiting discrimination on grounds of race, caste, religion, sex, etc.
2. Explain the concept of Proportionate Justice as proposed by Greek philosophers Plato and Aristotle.
Answer: Proportionate justice, as propounded by Greek philosophers Plato and Aristotle, is the concept of treating equals equally and unequals unequally. It dictates that a person’s rights and awards must correspond to their worth and contributions to society. For instance, Aristotle used the example that flutes should only be distributed among those who have the capacity to play this instrument. This principle necessitates discrimination based on individual differences, implying that the state should categorize people according to their merit or abilities. Consequently, those with special talents or who can provide something valuable to society should receive high rewards.
3. What were the views of 19th-century liberal reformers like Bentham on justice, representative government, and civil liberties?
Answer: The 19th-century liberal reformers such as Bentham stood for “equality before the law” and equal protection of laws, maintaining that “each person was to count as one and no more than one.” They believed in representative government and saw civil liberties – such as freedom of thought, speech, and action – as an essential aspect of a just and civilized society. In the economic field, however, their liberalism came to be associated with the laissez-faire theory, which proposed that the State should have no control over economic matters.
4. Describe the evolution of the modern liberal conception of justice.
Answer: The modern liberal conception of justice emerged as a response to the exploitative system brought about by laissez-faire economic policies, which led to social misery for unorganized masses with long work hours and inadequate wages. This realization prompted thinkers to reassess their views on liberalism. Twentieth-century liberal thinkers like Laski, Hobhouse, and MacIver, proposed a revised liberalism theory, assigning greater responsibilities to the State, especially in the economic field. This modern liberalism advocates for social justice, committing to both civil liberties and social justice, which includes providing people with their basic necessities like food, clothing, and housing.
32. Discuss the concept of “Protective Discrimination” and explain how it helps in securing justice for disadvantaged groups. Provide examples.
Answer: “Protective Discrimination” refers to a policy or approach that allows certain forms of discrimination on just and proper grounds, specifically aimed at uplifting disadvantaged sections of the society. Justice entails treating everyone fairly, but certain groups due to historical or systemic disadvantages, may require more than just fair treatment. They may need additional provisions or special facilities to help them come on par with the rest of society.
For instance, in India, Dalits had been subject to severe discrimination and unfair treatment in the past. In order to redress this historic injustice and to level the playing field, they were provided with certain special facilities such as reservations in educational institutions and government jobs. Similarly, women, the disabled and other disadvantaged groups also require these extra-special facilities due to the systemic bias or disadvantages they face.
The idea behind ‘Protective Discrimination’ is to enable these groups to effectively participate in societal processes and to enjoy the benefits of societal progress. It is not about giving these groups prosperity overnight, but about mitigating their suffering to a certain extent and providing them with opportunities to improve their socio-economic condition. This is necessary to improve the lot of the “least advantaged” sections of society, and in the words of John Rawls, “Justice is not an ‘ethic of rewards’ but an ethic of redress.” This ensures that highly gifted individuals can still receive proper reward, but those who are disadvantaged also get the help they need.
Additional/extra MCQs
1. Which legal principle prohibits discrimination on grounds of race, caste, religion, sex, etc.?
A. Principle of Proportionate Justice B. Laissez Faire C. Principle of Equality D. Modern Liberalism
Answer: C. Principle of Equality
2. According to the Greek philosophers Plato and Aristotle, what does justice mean?
A. Equality Before the Law B. Social Justice C. Proportionate Equality D. Civil Liberties
Answer: C. Proportionate Equality
3. Who argued for the idea that “each person was to count as one and no more than one?”
A. Plato B. Aristotle C. Bentham D. Laski
Answer: C. Bentham
4. Which economic theory was associated with 19th-century liberal reformers like Bentham and J.S. Mill?
A. Socialism B. Communism C. Laissez Faire D. Keynesian Economics
Answer: C. Laissez Faire
5. According to Aristotle, how should flutes be distributed?
A. To the Wealthiest B. To Everyone C. To Those Who Can Play D. To the Needy
Answer: C. To Those Who Can Play
50. In order to secure justice, what special effort is needed in South Asia, including India?
A. Eradicate poverty B. Increase GDP C. Promote technology D. Enhance military power
Answer: A. Eradicate poverty
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