“A Just State: Reality or Utopia”

For centuries and innumerable epochs the legal systems of diverse states have cherished the objective of a just state with equality being the backbone of all such societies. However, the idea of a just state cannot be deemed as a far-fetched dream as the social inequalities which are acting against the welfare of people can be eliminated through appropriate distribution of wealth through mandates of law. To borrow the underpinnings from Rawls principles of justice by benefitting the worst off in society through allowing certain social inequalities is justified. An additional qualification is that people have to be truly enlightened in all aspects of social life to attain such a state of just society which is however absent in the present contemporary social structure. Kant provides us with an insight as to this transitional phase of enlightenment through civil freedom granted by the King himself. A just state can be succinctly described as a state where there is absence of unequal distribution of wealth, benefits and to an extent pleasures sought by men. Humans are said to be endowed with a power to reason which points us to the fact that the wisdom to differentiate between moral and immoral preferences is known to him but we observe that through selection of preferences based totally on self-interest has resulted into culmination of an unequal society. Connecting this aspect of rationality to enlightenment, a state can provide for adequate and equal distribution of benefits to all provided the subjects are enlightened through means of freedom. The human life is to be progressive in nature but this categorical delineation of benefits within a group of few individuals on account of convergence of immoral and self-interested penchants has led to widespread inequalities. If a state lives, its people live but if a state dies who shall live? For a state to evolve as a whole the pillars of justice which are erected by the citizens cannot fall in the hands of few individualistic subjects of state. To achieve the idea of a perfect and just state, we have to keep in mind that equal rights are to be conferred only upon the citizens and not upon aliens as they do not participate in contribution of realizing the ideal state in any manner due to absence of active involvement in the development of a State. To accomplish this notion of a perfect state we have to understand that there is an obligation upon the state to epitomize and enforce fundamental ideas of mankind like equality in matters of employment, administration and education through providing for a sanctioning authority implementing these archetypes in a strict manner. The solution is not only providing for institutions for enforcement but providing with certain penal punishments along with stricter implementation. We observe that the bureaucratic officers evade laws through means of constitutional protection which is actually hampering progress towards a just state. However, this so called “utopian state” may not be discernable to us in the modern economy oriented society as we tend to choose immoral preferences despite of possessing the ability through rational reasoning. There is a reciprocal obligation on the state to protect the rights of individuals who have chosen the moral preferences as the state is supposed to be the guardian of fundamental rights. We have to understand that we cannot restrict our thought process to the state and the citizen as it will defeat the very purpose sought to be endorsed by this writing. Inclusion of virtues in acts of officers occupying the important offices through imposing rigorous academic qualification standards should be the criteria of selection for any coveted governmental position. This path of virtue should not be too extreme or too narrow and it should be the mean position which was as espoused by Aristotle. The reality or the circumstances cannot be succumbed by the ruling state and it is imposing upon the state to develop a state of equilibrium within the society. However we can debate that any form of substantive inclusion in achieving virtues is too strict an approach on account of moral obligations being unenforceable. However, the answer to such questions lies within the development of citizens per se. The idea of an informed and virtuous citizen can lead us into this state which might not be perfectly just but it might achieve an outline of the same. Considering the social realities of the modern society it seems virtually impossible for us to believe in the very fact that such a state is even remotely possible but we should bear in mind the thought that there were societies such as the ancient Greek and Roman societies which did emphasized upon the formation of such ideal states. But, such societies and present law need to converge at a certain juncture. Thus, the idea of a just state can be briefly summarized as the function of citizens, who emerge from an amalgamation of rationality and virtue, through imposition of certain obligations by the state itself.

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“A Just State: Reality or Utopia”

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