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Dr. T.S.N.SASTRY Prof & Head Department of Law University of Pun e
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Introduction The term social Justice was coined by Jesuit Luigi Taparelli in the 1840’s He coined this word basing on the teachings of Thomas Aquinas. Most of the aspects of Social Justice came into existence only through the Jurisprudential moment of the Jurists.
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introduction Basing on the Ideas of Bentham, J.S.Mill, John Locke and Immanuel Kant, John Rawls developed his theory of Social Justice. Each Person possesses an inviolability founded on justice that even the welfare of society as a whole cannot over ride. For this reason justice denies that the loss of freedom for some is made right by a grater good shared by others.
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Introduction Immanuel Kant sees the society as a fair system of co-operation over time, from one generation to the next. All societies have a basic structure of social, economic, and political institutions, both formal and informal. Rawls developed his theory on social contract.
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introduction Dean Roscoe Pond developed his theory of social justice on the preposition of social Engineering. Ponds main idea is on the basis of utilitarianism. He is of the view that society as a unit every individual is in the cog of the wheel of the society.
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Approaches of social justice Approach one : It concentrates it attention on what it identifies as perfect justice rather than on relative comparisons of justice and injustice. Its main thirst on the just conditions than the less unjust institutionalism Approach Two: Transcendental institutionalism primarily thinks on the setting the institutions rights than on the emergence of society. At the same time it depends on non-institutional aspects. Approach Two: Transcendental institutionalism primarily thinks on the setting the institutions rights than on the emergence of society. At the same time it depends on non-institutional aspects.
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Approaches…… Social Realizations is the other approach developed by a number of theoreticians. From Adam to John Rawls developed the goals of social justice on realization focused comparison. They wanted injustice be removed in the world to the extent possible.
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Approaches… Amartya Sen in his The Idea of Justice in 2009 argues that injustice be reduced on the basis of the enlightenment tradition. Public reason in establishing institutions what can make societies less unjust. The principles of justice in the modern world must avoid parochialism and, further, address questions of global injustice.
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Essential ingredients of Social Justice Whatever the theoretical differences, ultimately, the concept of Social Justice mainly depends upon the innate principles of human rights. Human Rights are not rewards of development, rather they are critical to achieving it. Values of life, liberty, and dignity are not to subject to political vicissitudes. Whatever the theoretical differences, ultimately, the concept of Social Justice mainly depends upon the innate principles of human rights. Human Rights are not rewards of development, rather they are critical to achieving it. Values of life, liberty, and dignity are not to subject to political vicissitudes.
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Constitutional Provisions of Social Change The preamble advocates: Justice :social, Economic and Political; Liberty of thought, expression belief and faith and worship Equality of Status and Opportunity Fraternity assuring the dignity
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Const….. S.J. According too the preamble a number of provisions have been adopted which stated in the DPSP, Fundamental Rights and Duties provisions. Human Rights or fundamental rights are rewards of development, rather they are critical to achieving it. Values of Life, Liberty and Dignity are not subject too political vicissitudes. According too the preamble a number of provisions have been adopted which stated in the DPSP, Fundamental Rights and Duties provisions. Human Rights or fundamental rights are rewards of development, rather they are critical to achieving it. Values of Life, Liberty and Dignity are not subject too political vicissitudes.
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Judiciary and S.J In a number of cases the judiciary has interpreted the provisions of the constitution and read the DPSP through the prism of Fundamental Rights. A critical outlook of the judgments clearly emphasize the necessity ingredients of social justice.
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Critical components of Social Justice Values, Morals and ethical practices are the critical components of Social Justice Apart from these, Economic, social and Cultural aspects are the most important tools of social justice. Rights of Economic Justice: Right to Food, Shelter, Freedom from hunger,
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Critical components of Social Justice Rights of Social Perspective: Changed Mind Sets, Ensuring Universal access to Basic Social Services, Greater inclusion and Participation in the Governance; Up- liftment of Sc, ST, Backward Classes; Equal Opportunity in employment without any distinction of race, sex, religion, Management of Social Conflicts, Transparent Governance
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Critical components of Social Justice Cultural Justice: Using the Scientific and Technological advancements for the Progressive development of the society. Protecting the ancient culture To Achieve the concept of Social Justice the State need to strive Hard.
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Critical components of Social Justice Social Order for the Promotion of the People Economic Concentration not in the hands of few people Health and strength of the workers and children and women be protected Equal justice and Free Legal Aid Organization of Village Panchayats
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Critical components of Social Justice DPSP through 42 nd amendment introduced a number of duties need to be followed. The Duties enlisted in the constitution need to be discharged in order to secure the Economic, Social and Cultural Justice. The duties are the checks and balances of the rights that are enshrined in the constitution.
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How to Achieve the C M S.J Steps to Eradicate Hunger in an affective manner Improving quality of Basic Health Care Provide Good Governance: Private, Public and Peoples Participation is required Change Mind Set of the People Citizen Friendly Responsive Public Services Make people Technology friendly
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How to Achieve the C M S.J Make Legislation Work: Not of Executive interference. Legislation need to be interpreted in the spirit of it than to the whimsical fancies Make Social Groups and Real NGO’s as participants Spend for Literacy of the people. Establish Gram Swaraj in its true spirit.
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Conclusion Social Justice is a one of the Cogs of various perspectives of Justice System It is variable according to the needs of the society Discipline the people to achieve the critical components Value based education is the need of the hour
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