concerning crime
Reformative
Retributive
Compensation
proportionate justice
no double jeopardy
no retrospective implementation of law
Reformative justice in the absence of retributive justice has no deterrence.
Eg. Dr. Kiran Bedi prison reforms in Tihar Jail
Every saint has a past and every sinner has a future
Distributive Justice
Aristotle
- unjust treat unequally equally or treat equally unequally
- justice well be served when resources are distributed as per merit
- justice virtuous mean b/w vices of giving more or less than what is deserved
- criticized for being elitist, ignored historical injustice, social barrier and social positioning of individual
Rawl theory of justice
- book, “THEORY OF JUSTICE”
- individual capable of making rational decisions; to ensure objectivity, veil of ignorance put forward
- people unawaer of social position they will acquire => provisions will be made to benefit entire society (worst case scenario)
Principles
- eql opportunity for all
- liberty
- difference principle provided it benefits marginalized
- eg. reservation, dalit capitalism, eklavya residential schools
Amartya Sen’s Idea of Justice
- justice not served by focusing only on resource distribution
It is:
- not sustainable
- make individuals dependent
- denies freedom to live a life of their CHOICE
Concept of “CAPABILITY APPROACH”
contemporary relevance
- human capital formation
- demographic dividend
- penetration of AI
- digital divide
- SDG
- longevity dividend
- make in india, start up