Volume-II, Special Issue, March 2026
Novel Insights A Peer-Reviewed Quarterly Multidisciplinary Research Journal |
Volume-II, Special Issue, March 2026 |
Human Rights and Justice: A Theoretical Analysis from an Ethical Perspective Kapil Sarkar, Research Scholar in Political Science, Department of Economics & Politics, Vidya Bhavana, Visva Bharati, Santiniketan, West Bengal, India Email: kapilsarkar1112@gmail.com |
Received: 18.03.2026 | Accepted: 21.03.2026 | Published Online: 31.03.2026 |
Page No: 92-99 | DOI: 10.69655/novelinsights.vol.2.issue.specialW.92 | |
Abstract | ||
According to conventional wisdom, the legal system grants individuals certain rights grounded in principles that predate the very enactment of law. However, ensuring that individuals actually receive justice remains a formidable challenge. In this context, a pertinent question arises: Since the State ultimately serves as the custodian and enforcer of all legal provisions, how can human rights be realized if the State itself fails to grant citizens the rights to which they are entitled? It is precisely against this backdrop that the relationship between human rights and social justice emerges as a central theme of discussion. If concepts such as equality, judicial independence, and human dignity cannot be firmly established through the realization of social justice-facilitated by an awareness of human rights-then efforts are undertaken to achieve these objectives through legal initiatives. When the legal system functions effectively, these principles come to be recognized as established human rights. Indeed, it may be argued that social justice serves as a prerequisite for human rights. The concept of "justice" is also inextricably intertwined with the realm of morality. In the context of interpreting this concept, the views of Barker, the utilitarian philosopher John Stuart Mill, the individualist Nozick, and the socialist Karl Marx are particularly noteworthy. However, the manner in which John Rawls articulated his theory of justice in his seminal work, - A Theory of Justice, commands particular significance. In presenting their respective conceptions of justice, both Nozick and John Rawls rejected the arguments advanced by the utilitarian philosopher Mill. Rawls did not advocate for any form of coercive interference with individualism or private property rights. Nevertheless, Rawls viewed the wealthy as a resource-a means through which the economic conditions and fortunes of the impoverished population could be improved. The influence of John Rawls's philosophical thought is discernible in the conception of justice articulated by Amartya Sen in his book - The Idea of Justice. Professor Sen did not prioritize the establishment of appropriate institutions as the sole or primary means of fulfilling the demands of justice. He considered 'Social Choice Theory' to be an acceptable approach for addressing various issues related to justice.Thus, various concepts-such as liberty, equality, capabilities, and entitlements-are intertwined with theoretical analyses concerning justice. Keywords: Justice, Ethics, Equality, Dignity, Freedom, Rule of Law | ||