Q. “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.
UPSC Mains 2024 GS4 Ethics Paper
Model Answer:
Evolution of Justice: Navigating Changing Contexts to Ensure Fairness
The concept of justice is inherently dynamic, evolving with societal changes and shifting moral perspectives. What was once considered just may become unjust as our understanding and values progress. This evolution necessitates constant scrutiny of our legal and ethical frameworks to prevent miscarriages of justice.
• Contextual Nature of Justice:
– Justice is not absolute but relative to societal norms and values
– Laws and ethical standards reflect the prevailing moral climate
– As society evolves, so do our perceptions of what is just or unjust
• Examples of Changing Perceptions:
– Historical: Slavery, once legal, is now universally condemned
– Recent: LGBTQ+ rights and same-sex marriage gaining acceptance
– Environmental: Growing recognition of corporate responsibility for ecological damage
• Importance of Continuous Scrutiny:
– Prevents outdated laws from perpetuating injustice
– Allows for correction of past wrongs
– Ensures legal systems align with current societal values
• Consequences of Failing to Update:
– Perpetuation of discriminatory practices
– Erosion of public trust in justice systems
– Potential for social unrest due to unaddressed injustices
• Mechanisms for Scrutiny and Change:
– Public discourse and debate
– Activism and social movements
– Legislative reforms and judicial interpretations
Conclusion: Continuous re-evaluation of our justice systems is crucial to maintain their relevance, fairness, and effectiveness in an ever-changing world.