concerning crime

  1. Reformative

  2. Retributive

  3. 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