Introduction:

“Les Misérables,” written by Victor Hugo, is a classic novel that delves into the themes of justice and liberty in the context of 19th-century France where he intertwines the personal stories with broader social issues to emphasize the complexities of justice and liberty. The protagonist, Jean Valjean, experiences the harsh realities of a justice system that treats him unfairly for a minor crime, leading to years of imprisonment. The story explores how lack of liberty can lead to a cycle of injustice and underscores the importance of a just society that upholds individual rights while inviting readers to reflect on the significance of balancing justice and liberty in a world marked by inequality and the pursuit of a more humane existence.

Though written in the context of 19th century France that has just witnessed the first wave of French Revolution, the theme sounds true even today. It was ironic that in times of French revolution where the ideas like justice and liberty were born were trampled so ruthlessly. Similarly, in the present day with all the advancements that we have made since the French revolution, we talk of just, inclusive, and free society, however on ground reality begs to differ a lot.

Meaning of Liberty and Justice

Liberty typically refers to the freedom and rights that individuals must pursue their own interests and make choices without undue interference from external forces, including the government. It gives an individual the power to achieve one’s true potential at the same time not compromising the ability of others to do the same. For instance, Freedom of speech and expression gives individuals the liberty to express their thoughts and opinions without fear of censorship or reprisal, as long as they do not incite violence or harm. Similarly, Individuals have the liberty to make decisions about their bodies, religions, employment, residence, etc. 

Justice, on the other hand, refers to the principle of fairness, equity, and impartiality in the treatment of individuals and the distribution of resources, rights, and opportunities. It involves upholding the rule of law, ensuring that individuals are treated with dignity and respect, and addressing grievances and wrongdoings. Justice aims to establish a system where everyone has the right to seek redress for harm, and where decisions are made based on objective standards rather than personal biases. For instance, in a criminal trial, justice involves ensuring that the accused receives a fair and impartial trial, with proper legal representation and evidence. The verdict should be based on the facts presented rather than biases or prejudices.

Early societies often featured hierarchies, limited personal freedoms and had rudimentary principles of justice, often centred around retribution and restitution. However, in places like ancient Athens, concepts of democratic participation and individual rights began to emerge. The Age of Enlightenment saw the flourishing of ideas about individual rights, personal freedoms, and the role of government where thinkers like John Locke emphasized natural rights, including life, liberty, and property. It also promoted the idea of rule of law, where laws are applied consistently and transparently. Legal systems shifted from arbitrary decisions to codified laws.

Empowered with political consciousness and the spirit of ideas like liberty and justice, revolutions like the American revolution and the French Revolution shaped modern political ideologies and challenged notions of inherited privilege. Thus,the evolution of these concepts reflects society’s progress towards greater individual rights, equal treatment, and societal fairness. Till date, they continue to shape legal systems, political ideologies, and discussions about how to create just and free societies.

Liberty without Justice:

Though both the concepts are defined differently, the objective of both is the same i.e., to promote the common good and establish harmony between all. However, in practical terms to balance both becomes challenging to apply especially in a society that is marked by inequality, corruption, and greed. For instance, Liberty without justice can result in inequalities and marginalization of certain groups. Without mechanisms to address systemic biases and discrimination, marginalized communities might continue to face unequal access to resources, opportunities, and rights. In our modern societies today, we have given constitutional liberties to correct the historical injustices for the sections discriminated on the basis of caste, class, race, gender, etc However, the issue of social liberty is still lacking. The discrimination still remains, its manifestation may have changed from legally justified to psychologically justified. 

In a rights-based society, it becomes ironic when one has rights and liberties but their access to justice is limited or denied. Such is the case in America, where women are free to exercise their sexual autonomy, but are denied justice when it comes to abortion laws. Similarly in India, though the caste-based discrimination is illegal, and everyone enjoys equal rights, people from lower class still face injustice at social, psychological, and economic levels.

In such a scenario, where liberty is intended as lip service and not wholeheartedly, there rises the risk of abuse of power and lack of justice results in failure to prevent exploitation. Racial segregation in the United States denied African Americans equal access to education, jobs, and public services, even though they had legal liberties. This led to systemic inequalities that persist to this day.

Liberty without justice can result in human rights abuses, as powerful entities exploit vulnerable individuals without accountability. In some regions like Africa and South Asia, child labor is still prevalent in industries that deny children their basic rights, such as education and a safe environment, in the pursuit of economic gain. Ultimately, trust in institutions and the rule of law, leading to social division and a breakdown of community cohesion.

Justice without Liberty

Similarly, the idea that justice can prevail in a society without giving liberty is equally hollow. Justice without liberty can easily lead to violations of fundamental human rights, such as freedom of expression, privacy, and personal autonomy. This raises ethical dilemmas about whether justice can be achieved when individual rights are denied.

Justice without liberty can erode the core values of democracies, leading to a situation where the rule of law and protection of individual rights are compromised in favor of political control or societal conformity. When justice is not perceived as fair and impartial and denies the liberties in uniform manner, it can lead to divisions within society, eroding trust in democratic institutions and fostering social unrest. Divisions along ethnic, religious, or ideological lines can emerge when justice is perceived as biased or discriminatory.

Also, justice system lacking transparency and accountability can lead to unchecked power and decisions made without public scrutiny. When governments suppress freedom of speech and assembly, individuals may face repercussions for expressing opposing views, stifling justice. The acts like UAPA are infractions on liberty leading to grave injustices as journalists, activists, and protesters are arrested or intimidated for expressing opinions contrary to the government’s stance.

In certain authoritarian or totalitarian regimes like North Korea and Afghanistan, the government might claim to impose a form of justice that suppresses individual liberties. While they might argue that their actions are for the greater good or societal stability, this approach often raises ethical concerns about human rights violations and the absence of true justice, especially toward the vulnerable sections.

In recent times, we can see this erosion of liberty leading to injustice in the case of the media especially. In the post truth era, media organizations which are symbols of freedom of speech and expression have become a mouthpiece for ruling governments. This has resulted in lack of faith between the masses for both and as a result masses today have become prey to instruments like fake news, deep fakes, radicalization, fundamentalism etc. and have often been seen to take justice in their own hands. 

One such manifestation is the rise of instances of mob justice. They often arise due to a lack of faith in the formal justice system, social tensions, or a desire for immediate retribution. And mob justice is nothing but the most cruel form of injustice that there can be. Perpetrators of mob justice often evade legal consequences, reinforcing a culture of impunity. It circumvents the established legal processes and creates an environment where citizens take the law into their own hands. It bypasses the established legal processes and the rule of law, where individuals’ rights are protected by impartial judicial systems. This erosion weakens the very foundation of democratic principles.

It is to be pointed out that in some cases, restrictions on certain liberties might be imposed for promoting justice. For instance, restrictions can be placed on certain actions or behaviours to protect vulnerable populations, such as tribals, children or victims of trafficking. They can be used to promote rights based justice like in case of Intellectual properties. Limitations on the unauthorized use or reproduction of copyrighted material promotes justice by protecting the rights of creators and incentivizing innovation.

However, it’s important to approach these restrictions with caution, ensuring that they are proportionate, necessary, and do not infringe upon fundamental human rights. Our constitution puts reasonable restrictions on the right to freedom of speech and expression for genuine causes like national security, public order, decency or morality etc. Similarly, during the COVID-19 pandemic, many countries-imposed lockdowns and travel restrictions to limit the spread of the virus. These measures were intended to protect public health but raised questions about the balance between liberty and safety.

Interconnectedness between justice and liberty

Liberty and justice are thus deeply intertwined and protecting one without the other will compromise both. Together, both shape the way society’s function, and the rights of individuals are protected while promoting the idea of summum bonum i.e. the idea of highest good.

Striking a balance between liberty and justice requires addressing systemic inequalities and providing equal opportunities for all. Both liberty and justice are rooted in the ethical principle of respecting human dignity. Justice aims to protect individuals from harm and ensure their rights are upheld, while liberty allows individuals to pursue their lives with dignity and self-respect. The contemporary rights like Right to Privacy, Bodily integrity and sexual autonomy are founded on the delicate balance of liberty and justice as iterated by the Indian Supreme Court in K.S. Puttuswamy case.

Ensuring justice and safeguarding individual liberties contributes to the overall betterment of the community. When the world today faces a collective threat like climate change, treaties like the Paris Agreement acknowledge the need for global climate action while respecting each country’s development aspirations. This balanced approach encourages nations to contribute to environmental justice without compromising their sovereignty.

While liberty provides space for personal decisions, justice requires that individuals be held accountable for their actions when they infringe upon the rights or well-being of others. Social media companies like Twitter and Facebook implement content moderation policies to strike a balance between allowing diverse perspectives and preventing the spread of harmful content.

Conclusion:

Creating a just society requires promoting education that fosters inclusivity, tolerance, and understanding. A balanced approach seeks to address biases and misinformation while respecting individuals’ freedom to hold different viewpoints. It is more likely when policies are informed by input from various stakeholders, ensuring that justice is pursued in ways that respect the liberties of all affected parties.

Along with promoting greater civic engagement, critical thinking and forward-looking legislative framework, we need to promote an unbiased and impartial way of looking at things. For that, one needs to be open to continuous reflection on the delicate bond between liberty and justice for the issues at hand and those that may arise in future. Thus, promoting justice and liberty in a balanced manner within the context of a democracy requires a thoughtful approach that upholds the rule of law, respects individual rights, and ensures accountability.

We need to craft a strong yet adaptable legal framework and effective implementation mechanism for the laws to ensure they operate within the boundaries of the law and respect citizens’ rights and are flexible to changing times and societies. We need to foster transparency in government actions and decision-making processes. Public institutions should be held accountable for their actions, promoting trust between citizens and the state. We need our institutions of governance to lead in a legal yet moral construct as their ethical leadership sets the tone for the entire nation.

It is important to remember that whenever justice and liberty stand divided, neither is safe. It is only by weaving the threads of justice and liberty together, by recognizing their symbiotic relationship, that a democracy can flourish in its truest form. The fire that got ignited by the French revolution, was not and end in itself but a means to reach the end. Our collective goal should be to evolve into a society where values like justice, liberty are not some principles but a way of life.

EXTRA EDGE:

Useful Quotes

• “Justice without liberty is tyranny; liberty without justice is anarchy.” – Edmund Burke
• “Liberty and justice for all are not just words, but a way of life.” – Anthony D. Williams
• “Where there is no justice, there can be no secure freedom.” – George Sutherland
• “Liberty requires accountability; justice requires fairness. Together, they ensure a balanced society.” – Unknown

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