In this article you will learn about Substantive and Procedural Justice in Political Science.
Political Theorists explain and describe Justice in two forms :
- Substantive Justice - which is concerned with the content of rules, regulations and decisions made for determining whether these are just or unjust; and
- Procedural Justice - which is related to how rules are made and applied.
Substantive Justice (Theory of Distributive Justice)
Some Theorists and supporters of Substantive Justice believe that requirements of Justice cannot be entirely met by the application of procedural rules. Justice stands for ensuring a just and fair allocation of values among all the people through reasonable laws and decisions. Substantive justice stands for just distribution and allocation of social advantages among various sections of society. Only procedures cannot lead to just and fair distribution of social advantages. The contents of law always have to be just and reasonable and only then can justice be secured.
In other words, Substantive Justice stands for ensuring just distribution and allocation of rewards, benefits and obligations in the society. The procedure of allocation is secondary. What is of primary importance is a fair, just and reasonable distribution of social advantages among all the people of society. The procedures can be adjusted for meeting the primary objective of providing just and fair goods, advantages, services, rewards, benefits to the people.
All the supporters of socialism support the concept and theory of Substantive Justice. They advocate the view that social life cannot be made free from injustices, inequalities and exploitations without suitably transforming socio-economic relations through a just, fair, equitable distribution of benefits and resources. Human dignity, equality and worth can be ensured by securing socio-economic reconstruction and development through the making and implementation of just fair and needed laws and decisions. The state must actively work for securing and protecting a just synthesis of equality, liberty, and property in a substantive way. This naturally justifies state action for the securing of social, economic, educational and cultural health and security, particularly for the weaker or disadvantaged people.
Substantive Justice stands for ensuring that all sections of society, particularly, the disadvantaged and weaker sections should get just and adequate goods, service, benefits and opportunities for development. The law must be just and fair for them. Substantive Justice stands for concrete justice and it comes very close to Distributive Justice.
Procedural Justice (Liberal Theory of Justice)
‘Procedural’ or ‘Formal’ Justice refers to the manner in which the rules or decisions are made. It means how rules and decisions are made, and whether these have been made in a just method or not. It stands for determining just procedures for the allocation of decisions, rewards, services, benefits, burdens and penalties.
Procedural justice stands for the principle : “When the procedures are just the outcome is always just.” Just procedures for allocation of social advantages (goods, services, opportunities, powers, benefits and owners) always lead to justice and a just distribution in society.
In other words, Procedural Justice stands for determining or lying down just procedures necessary for leading to a just and fair allocation of all benefits and burdens. “Just outcome stands guaranteed when just procedures are followed.”
The central pillar of the concept of Procedural Justice is the principle of fair equality which means that law should be made and applied impartially without any discrimination on any ground.
To sum up, we can say that Procedural Justice accepts the ideals of equal human worth and dignity. It consequently rejects all discriminations among individuals on the ground of caste, creed, colour, sex, race, religion, language, culture, traditions and the like. It strongly supports the case for free and fair competition on the basis of defined rules of conduct in all procedures of social relations.
Procedural Justice upholds market economy, human dignity, fair equality, human worth and human liberty. It can be described as the liberal theory of justice and it is held to be the basic essential principle for securing justice.
This article on Substantive and Procedural Justice in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.