Is Justice The Absence Of Injustice? A Legal And Philosophical Inquiry - Incorporating Insights From Herzberg’s Two-Factor Theory
- IJLLR Journal
- 2 hours ago
- 1 min read
Vaishnavi Marathe, B.A. LL.B. (Hons.), DES Navalmal Firodia Law College
ABSTRACT
The idea that justice is just the absence of injustice makes sense, but it's not complete. This article argues that justice and injustice function on two different levels. One level focuses on getting rid of injustice, while the other focuses on actively creating fairness, dignity, and equality. Drawing on Aristotle, John Rawls, and Frederick Herzberg’s Two-Factor Theory, it develops a dual-dimensional framework and tests it against four decisions of the Supreme Court of India. The conclusion is that eliminating injustice is necessary but not sufficient. A genuinely just order must be constructed, not merely uncovered.
Keywords: Justice; Injustice; Herzberg Two-Factor Theory; Dual- Dimensional Framework; Aristotle; Rawls; Distributive Justice; Corrective Justice; Constitutional Law; Fundamental Rights; Dignity; Equality.
