Values And Justice A New Perspective

This document, "Values and Justice: A New Perspective" by Hemant Shah, is a philosophical exploration of the concepts of values and justice, aiming to offer a progressive and hopeful viewpoint. The author acknowledges the vastness of these concepts and the difficulty in covering all their dimensions, especially when considering a "new perspective" that encompasses the complexity of over 120 nations.

The paper is divided into three parts:

Part I: Values

• Meaning and Importance: Values are defined as that which is intrinsically valuable, distinct from commodities. Indian philosophy roots values in Truth (Satyam), Love/Goodness (Shivam), and Beauty (Sundaram). Values provide a framework and meaning to life, with their sources in culture, including religious beliefs and ways of life. Indian culture is characterized by universal compassion, the power of knowledge for liberation, and a spiritual dimension, marked by openness and tolerance.
• Values in Indian Culture and Tradition: Values are acquired through socialization and act as guiding forces. They manifest in behaviors like cleanliness, punctuality, justice, compassion, patience, and sacrifice. Swami Atma Prabhananda identifies five basic human values: Right Conduct, Truth, Peace, Love, and Non-Violence. Values can be national, social, or human, often stemming from Truth, Goodness, and Beauty. Indian philosophical tradition emphasizes ideals and ways of life over theoretical views, with the ideal Indian man being the "free man of Spirit."
• Values in the Modern World: The modern age is marked by scientific advancement, rationality, empiricism, democracy, secularism, and socialism. However, it also faces complexity due to conflicting ideologies, leading to social inequalities, moral crises, and political insecurities. The author observes a decline in values, a pursuit of materialistic pleasures, and a general sense of meaninglessness and senselessness. Despite this, there's a strong emphasis on the relevance and importance of values, with various viewpoints suggesting that while some social and cultural values may be outdated, others form the base of modern society and are in a process of evolution, harmonizing old ideals with new trends.
• Democratic and Socialist Values: These values are central to the constitutions of many nations, including India. The Indian Constitution's preamble emphasizes welfare, equality, liberty, and fraternity, with democracy, socialism, and secularism as guiding forces.
• Secularism and Values: The concept of secularism, meaning the independence of state, morals, and education from religion, is discussed. The author notes that the term originated from the Latin "saeculum" (this present age) and relates to social and ethical values.
• Fundamentalism, Fanaticism, and Terrorism: These are presented as threats to values like freedom, co-existence, and peace. Religious fundamentalism is characterized by an uncritical adherence to religious texts, often leading to force and violence. The author argues that fundamentalism is irrational and that modern education doesn't necessarily prevent it.
• Students' Unrest: This is identified as a hurdle to progress and peace. While student agitations can bring political change, they can also lead to lawlessness and chaos. Suggested measures include delinking education from employment, fostering national identification, and promoting regard for law.
• For Global Peace and Living Together: The importance of "Learning to Live Together" is highlighted as a key pillar for global peace, drawing from the UNESCO report by J. Delor.
• Value-Free Science: The author touches upon the debate of whether science can be truly value-free, citing J. Habermas's view that vested interests are always present in scientific funding and research. This has led the scientific community to develop a more moral, value-based approach.

Part II: Justice

• Justice in Western Philosophy:
  • The Greek Philosophers: The text delves into the Socratic and Platonic concepts of justice. Socrates questions the meaning of justice, while Plato defines it as "the having and doing what's one's own" and as harmonious strength. Plato's ideal state, described in "The Republic," is one where everyone performs their proper function, emphasizing order and organization over the modern association of justice with equality.
  • Aristotle: Aristotle views all moral values as a mean. For him, justice is about contributing to the happiness of the community and involves distributing goods justly. He emphasizes the role of law in achieving justice and highlights that goodwill, stemming from the perception of goodness in others, is essential.
  • Mortimer J. Adler: Adler categorizes Truth, Goodness, and Beauty as "Ideas we judge by," while Liberty, Equality, and Justice are "ideas we act on." Justice is seen as the supreme value, greater than liberty or equality, and an unlimited good. He discusses the sovereignty of justice in resolving conflicts between libertarian and egalitarian extremes, the dimensions of equality, the inequality justice requires, and the domain of justice in relation to individuals and the state.
• The Nature of Judicial Process: Drawing from Justice Benjamin Cardozo's work, the text examines the judicial process, the distinction between "legal," "lawful," and "just." "Legal" conforms to the letter of the law, while "lawful" aligns with its spirit. "Just" embodies reason and is considered a moral value, representing a state of reasonableness. The author posits that justice precedes law, as law is derived from the conception of justice. Legal justice is according to man-made law, while natural justice is based on universal human nature and reason.
• John Rawls's 'A Theory of Justice': Rawls's work is presented as highly influential, with fairness as the core concept. Justice is seen as a virtue of social institutions. Rawls proposes two principles of justice: 1) Each person has an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme for all. 2) Social and economic inequalities are acceptable only if they benefit the least advantaged and are attached to offices open to all under conditions of fair opportunity. These principles embody liberty, equality, and fair opportunity, and represent an understanding to not exploit contingencies for personal advantage. Rawls later clarifies that "justice as fairness" is a political conception, independent of controversial philosophical or religious doctrines. The text also mentions Rawls's analysis of the bombing of Hiroshima, where he outlines principles for a just war.

Part III: The New Perspective

• Concept of Modernity: The text defines modernity as a break from tradition, driven by social and economic development. It highlights three key cultural themes in the transition to modernity: the shift from religious to secular worldviews, the role of religion in capitalism, and the "discontent" of civilization. Modern society is characterized by the dominance of secular power, a monetarized economy, a dynamic division of labor, a decline of religious worldviews, the rise of secular and materialistic culture, and the construction of new intellectual and cultural identities. The author notes the challenge posed by postmodernism and the idea of ceaseless development.
• Contemporary Values and Justices: The author expresses disagreement with the idea that justice and values are yet to be achieved or implanted. Instead, they are already present in society. The new perspective emphasizes policies based on a balanced view of markets, incorporating social justice (equality, poverty), political values (democracy, freedom), and the relationship between individuals and communities. The plight of the poor is highlighted as a moral obligation.
• Individual vs. Society: The text posits that neither society is solely for the individual nor the individual for society; rather, they are two sides of the same coin, making one entity. The author questions the value of freedoms when basic needs are unmet.
• Underestimated Traditional Values: Trust and loyalty are presented as essential traditional values for the economic system. While governments play a role, markets do not always self-correct. The need for collective action and "learning to live together" is emphasized, especially in the face of crises.
• Nihilism and Religion: The author discusses Nietzsche's concept of nihilism, where values are seen as "masks" for the "will to power." Similarly, in post-independence India, religion is sometimes used by political leaders for electoral gain. Technical forms of reason can overshadow critical reasoning about moral and political values. The idea that science and technology alone can provide values is seen as an error leading to nihilism and unhappiness.
• Justice and Law: The power of punishment is discussed in the context of maintaining dignity and ensuring fair trials. The text also touches upon the importance of preserving the fundamental character of constitutions against frequent amendments. The author agrees with the idea that certain "core values" or "supreme principles" cannot be demolished without destroying the constitution.
• Conclusion: The author advocates for reconnecting with earlier ways of thinking about society and nature, emphasizing that reason should include ethical thought. Value neutrality is described as a dangerous illusion. While modern bureaucracy offers benefits, a one-dimensional technical reason can lead to unreason if not used to critique assumptions and provide collective purpose. The piece concludes by quoting Robert Bocock, highlighting the role of intellectuals in weighing questions of value and shaping how we ought to live collectively.

In essence, the paper provides a broad philosophical overview of values and justice, drawing from both Eastern and Western thought, and critically examines their state in the modern world, advocating for a balanced, value-oriented approach that integrates tradition with progress.