Unit 3: Basic Concepts: II
Justice
Development of the Idea and Types of Justice
Justice is arguably the most central concept in political theory. It is concerned with the fair and rightful ordering of society.
- Ancient View (Plato): Justice means giving each person their due and performing one's own role in society without interfering with others. It's about social harmony.
- Modern View: Justice is linked to fairness, equality, rights, and the equitable distribution of resources and opportunities.
Key types of justice:
- Procedural Justice: Focuses on fair processes. It argues that if the rules and procedures are fair, then the outcome is just, regardless of what it is. (e.g., a fair trial).
- Distributive Justice: Concerns the fair distribution of society's benefits and burdens (wealth, opportunities, taxes). It asks, "Who should get what?"
- Social Justice: A broader concept that aims to correct historical injustices and create a society where all individuals and groups have equal opportunities and are treated with dignity.
Rawls' Theory of Justice
John Rawls' "A Theory of Justice" (1971) is one of the most influential works of modern political philosophy. He proposes a theory of "Justice as Fairness".
To determine the principles of justice, Rawls uses a thought experiment:
- The Original Position: A hypothetical situation where rational individuals meet to decide the basic structure of their society.
- The Veil of Ignorance: In this position, individuals are behind a 'veil of ignorance'. They do not know their own social status, class, race, gender, talents, or conception of the good life.
Rawls argues that from behind this veil, people would choose two principles of justice:
- The Liberty Principle: Each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others. (Freedoms of speech, conscience, etc.)
- The Difference Principle: Social and economic inequalities are to be arranged so that they are both:
- (a) to the greatest benefit of the least-advantaged members of society.
- (b) attached to offices and positions open to all under conditions of fair equality of opportunity.
Exam Tip: For Rawls, the Liberty Principle has priority. You cannot sacrifice basic liberties for economic gain. The key takeaway from the Difference Principle is that inequality is only justified if it benefits the poorest section of society.
Citizenship
Meaning, Features, Genesis, and Development
Citizenship denotes the status of a person recognized under law as being a legal member of a sovereign state. It entails a relationship of rights and responsibilities between the individual and the state.
Features:
- A legal status granted by a state.
- A source of identity.
- Entails a set of rights (civil, political, social).
- Involves duties or obligations (obeying laws, paying taxes, etc.).
Methods of Acquisition and Loss of Citizenship
- Acquisition:
- Jus Soli (Right of Soil): Citizenship by birth within the territory of a state.
- Jus Sanguinis (Right of Blood): Citizenship by descent, from one's parents.
- Naturalization: A legal process by which a non-citizen acquires citizenship.
- Loss:
- Renunciation: Voluntarily giving up one's citizenship.
- Termination/Deprivation: The state revoking citizenship, usually due to fraud or acts of disloyalty.
- Acquiring citizenship of another country.
Rights
Meaning, Features, and Kinds of Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people.
Rights are claims of the individual recognized by society and the state.
Kinds of Rights:
- Natural Rights: Believed to be inherent to human beings, not dependent on laws (e.g., life, liberty, property, according to Locke).
- Moral Rights: Claims based on principles of ethics and morality, which may or may not be legally recognized.
- Legal Rights: Rights recognized and enforced by the laws of a state. These can be further divided into:
- Civil Rights: Rights protecting individuals' freedom from infringement by governments (e.g., right to life, freedom of speech).
- Political Rights: Rights to participate in political processes (e.g., right to vote, right to contest elections).
- Economic and Social Rights: Rights to basic necessities for a dignified life (e.g., right to work, right to education, right to healthcare).
Human Rights & the UNO
Human Rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. The concept gained international prominence after World War II.
The United Nations (UN) plays a central role in promoting and protecting human rights. The cornerstone document is the Universal Declaration of Human Rights (UDHR), adopted in 1948. While not legally binding, it sets a common standard for all nations. Key legally binding treaties include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
State
Definition and Evolution
The state is the primary institution in political life. It is a political organization that possesses sovereignty over a defined territory and the people within it.
According to the Montevideo Convention (1933), the four essential elements of a state are:
- A defined territory.
- A permanent population.
- A government.
- Sovereignty (the capacity to enter into relations with other states).
The modern state system is often traced back to the Treaty of Westphalia (1648), which established the principles of state sovereignty and non-interference.
Relationship between State and Civil Society
This is a crucial distinction in modern political thought.
- State: Refers to the apparatus of government—the legislature, executive, judiciary, police, and military. It is based on coercion and authority.
- Civil Society: Refers to the 'private sphere' of autonomous groups and associations, independent of the state. This includes families, NGOs, trade unions, religious groups, and community organizations. It is the realm of voluntary action.
The relationship can be both cooperative and confrontational. A strong civil society is often seen as essential for a healthy democracy because it can check the power of the state, articulate public demands, and foster democratic values.