The Concept of Just & Unjust is contextual. Changing context should be constantly under scrutiny to prevent miscarriage of Justice

Last Updated on Oct 03, 2024

Also Read The Concept of Just & Unjust is contextual in Hindi

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"The Concept of Just and Unjust is contextual. What was just a year back, may turn out to be unjust in today’s context. Changing context should be constantly under scrutiny to prevent miscarriage of Justice". Examine the above statement with suitable examples.”
This topic explores the fluid nature of justice and how societal changes can alter perceptions of what is just and unjust. It emphasizes the need for continuous evaluation of justice in light of evolving contexts to avoid miscarriages of justice. It belongs to General Studies Paper IV: Ethics, Integrity, & Aptitude.
The statement suggests that the concepts of justice and injustice are not fixed but evolve based on changing societal, cultural, and legal contexts. What may have been considered just in the past could be seen as unjust in the present due to changes in values, norms, and circumstances. This highlights the importance of continuously evaluating the context in which justice is applied to avoid miscarriage or distortion of justice.

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Key Points

Contextual Nature of Justice: Justice is influenced by the values, beliefs, and needs of society at a particular time. As these evolve, so too does the perception of what is fair or unfair. This dynamic nature requires legal and social systems to adapt to contemporary realities.

Need for Scrutiny and Adaptation: As societal values shift, laws and justice systems must be scrutinized and potentially reformed to reflect these changes. Failure to adapt can lead to injustice, where outdated norms continue to perpetuate unfairness in a modern context.

Examples

Gender Equality in the Workplace

Historical Context: A century ago, women in many countries were denied equal rights in the workplace and were often barred from certain professions. This was considered just based on the societal norms of the time.
Current Context: Today, gender discrimination in the workplace is widely recognized as unjust, and laws have been implemented in many parts of the world to ensure equal pay, opportunities, and protections for women. The shift in societal attitudes toward gender equality has redefined what is considered just.

Slavery

Historical Context: Slavery was legal and considered just in many parts of the world in the 18th and 19th centuries. It was justified on economic and social grounds at the time.
Current Context: Today, slavery is universally condemned as a gross violation of human rights and is seen as one of the greatest injustices in history. The concept of justice has evolved to recognize the inherent dignity and equality of all individuals, rendering slavery utterly unjust.

Capital Punishment

Historical Context: In the past, capital punishment was widely accepted as a just punishment for severe crimes. Many legal systems endorsed it as a form of retribution and deterrence.
Current Context: Today, in several countries, the death penalty is viewed as a violation of human rights, with growing calls for its abolition. The shift in the perception of human dignity and the fallibility of judicial systems has led to this change in what is considered just.

LGBTQ+ Rights

Historical Context: Homosexuality was criminalized in many societies, and LGBTQ+ individuals were often persecuted. This was considered just in many legal frameworks due to prevailing cultural or religious beliefs.
Current Context: Many societies today view discrimination based on sexual orientation as unjust, and laws have been reformed to protect the rights of LGBTQ+ individuals. What was once seen as just persecution is now recognized as unjust discrimination.

The concepts of justice and injustice are not static; they evolve based on changing societal values, laws, and cultural contexts. Constant scrutiny of these concepts is necessary to ensure that the legal and social systems remain fair and do not perpetuate outdated injustices. Societies must adapt to new realities and changing perceptions of morality and fairness to prevent miscarriages of justice, ensuring that laws and principles remain aligned with contemporary ethical standards.

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