Distributive Justice and Retributive Justice
The substantial point of debate while studying the
concept of Justice would be how the resources would be distributed to all section
of the society. In order to understand this point more clearly let us dwell
upon a few important perspectives on the issue of Justice. In conventional
understanding of politics, there are a few major theories of Justice being
discussed at length. Equality of Resources, Common Ownership theories and
Entitlements are often referred while discussing Justice.
This perspective defines distribution of resources
to be just; that is to say, if every individual has the same effective
resources that amounts to Justice. If, for some given work, each person obtains
the same amount of wage or reward, that is how we must realize Justice. If
inequality exists it is singularly the result of individual choices – to be a
productive earner or to be a person of leisure. This perspective effectively
rejects self-ownership and resource ownership but strongly advocates only
responsibilities and obligations.
These theorists argue that a fair distribution
means each person in the initial stages must have the same amount of land or
other valuable resources. It clearly means there are no major differences in
terms of an individual’s preferences and abilities. All individuals are endowed
with equal amount of abilities. Therefore, by ensuring common ownership of
resources, we can bring in substantial Justice.
It defines just distribution when land or any other
resources disbursed must be historically justified. Individuals who have never
had the ownership of land or other resources can appropriate it by voluntary
transfer between and among themselves. Transfer of resources, for them, must be
absolutely voluntary.
All these perspectives as it is evident from the brief description do
focus on both resources and human ability. Resources could be for example, land
as well as knowledge; human ability also plays a vital role for some theorists.
There is a grand consensus that Justice in a society is possible only when it
becomes distributive rather than retributive. How do we define retributive
justice?
The concept of retributive justice is often invoked in several contexts.
One can understand the framework of this form of justice by following certain
principles.
i). Those who have committed wrongful acts, serious
crimes do deserve harsh punishment quite proportionate to their crime.
ii). It is morally good; when the legitimate punisher gives the culprit
a stern punishment what that person deserves; no matter whether the punitive
action against wrong doers is compared with others or not, the punishment is
necessary as moral good.
iii). It does not encourage punishing the innocent intentionally and also
disapproves inflicting large punishments on wrongdoers disproportionately.
Even though, the idea of retributive justice played
vital role in theorizing punishment and Justice for some time, some of its
pivotal features such as proportionality, normative status of suffering and the
ultimate justification for retribution become highly contentious.
In a country like India, there are a few who
tacitly approve violence as a mean to achieve and establish Justice by
advocating retributive justice for many wrong acts. This is highly untenable
proposition in modern context. Retributive justice as a modes operandi to
establish justice was firmly rejected in our constitution itself. The
architects of our constitution firmly believed that violent methods will not
bring in peaceful and enduring solutions to our problems nor does it establish
sustainable Justice in our society.
Our intention is to introduce several perspectives
on Justice to you. In the process, we must also realize which perspective would
be very appropriate in our Indian context to realize the spirit of Justice. Of
all these perspectives, the framework offered by John Rawls stands out as a
significant one; let’s study the vital aspects of his theory.
Related Topics
Privacy Policy, Terms and Conditions, DMCA Policy and Compliant
Copyright © 2018-2023 BrainKart.com; All Rights Reserved. Developed by Therithal info, Chennai.