The Indian constitution which governs the functioning of our public institutions and laws has its spirit embedded in a set of values like justice, liberty and equality which is part of the basic structure of the constitution.
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The Indian constitution which governs the functioning of our public institutions and laws has its spirit embedded in a set of values like justice, liberty and equality which is part of the basic structure of the constitution.
Human life in a society is bound by rules and norms that regulate various forms of interactions individuals have with the rest of the society. There are rules around road traffic, buying and selling of goods and services, constructions and even around private matters like marriage, abortion and so on. These laws are coercive in nature since the violation of these laws invites penalties and punishments. Arbitrary states may impose laws on citizens using illegitimate coercive power. The use of power is illegitimate because such laws are unjustified for citizens. But in the case of a liberal democratic society, laws are agreed upon by all citizens as those are rationally justified to them. How do you think law making happens in such a society? What is the source of justification for such laws? How would such a society account for the diversity in worldviews of people while producing a unified law for all? These are few of the many questions addressed by American Philosopher John Rawls in his famous work “Justice as Fairness”.
