IN THE COURTROOM The Concept Of Social Justice: Sierra Leone In Focus Posted by on Feb 20, 2008, 01:09

The term social justice was first used in 1840 by a Sicilian priest, Luigi Taparelli d'Azeglio, and given prominence by Antonio Sociale in 1848. It has also enjoyed a significant audience among theorists since John Rawls book. A Theory of Justice has used it as a pseudonym of distributive justice. The concept of social justice is a revolutionary concept which provides meaning and significance to life and makes the rule of law dynamic.

When society seeks to meet the challenge of socio-economic inequality by its legislation and with the assistance of the rule of law, it seeks to achieve economic justice without any violent conflict. The ideal of a welfare state postulates unceasing pursuit of the doctrine of social justice. That is the significance and importance of the concept of social justice in the context of today. The idea of welfare state is that the claims of social justice must be treated as cardinal and paramount. Social justice is not a blind concept or a preposterous dogma. It seeks to do justice to all the citizen of the state.

Democracy, therefore, must not show excess of valour by imposing unnecessary legislative regulations and prohibitions, in the same way as they must not show timidity in attacking the problem of inequality by refusing the past the necessary and reasonable regulatory measures at all. Constant endeavour has to be made to sustain individual freedom and liberty and subject them to reasonable regulation and control as to achieve socio-economic justice. Social justice must be achieved by adopting necessary and reasonable measures.

That, shortly stated, is the concept of social justice and its implications. Citizens zealous of their individual freedom and liberty must co-operate with democracy which seeks to regulate freedom and liberty in the interest of  social good, but they must be able to resist the imposition of any restraints on individual liberty and freedom which are not rationally and reasonably required in the interests of public good, in a democratic way. It is in the light of these difficult times that the rule of law comes into operation and the judges have to play their role without fear or favour, uninfluenced by any considerations of dogma or isms. The term social justice is a blanket term so as to include both social justice and economic justice.

The Problem Of The Poor In Sierra Leone
This vice of social inequality assumes a particularly reprehensible form in relation to the backward classes and communities which are treated as untouchables; and so the problem of social justice is as urgent and important in Sierra Leone as is the problem of economic justice. Equality of opportunity to all the citizens to develop their individual personalities and to participate in the pleasures and happiness of life is the goal of economic justice.

The concept of social justice thus takes within its sweep the objectives of removing all inequalities and affording equal opportunities to all citizens in social affairs as well as economic activities. The problem of poverty and unequal distribution of wealth may be confined to the bigger cities and towns in the country, but the problem accentuated by the vice of social inequality existing in a gross form prevails in all villages.

For instance, poor people are vulnerable to injustice. Poverty fosters frustration, ill feeling and a brooding sense of injustice. Democracy realizes that this problem which concerns a large number of citizens cannot be successfully met unless law is used wisely to restore balance to the economic structure and to remove the causes of economic inequality.

 The Constitution of Sierra Leone and Social Justice
The Constitution of Sierra Leone has solemnly promised to all its citizens justices-social, economic and political; liberty of thought expression, belief, faith and worship; equality of status and of opportunity; and to promote among the all fraternity assuring the dignity of the individual and the unity of the nation. The Constitution has attempted to attune the apparently conflicting claims of socio-economic justice and of individual liberty and fundamental rights by putting some relevant provisions. The social problem presented by the existence of a very large number of citizens who are treated as untouchables has received the attention of the Constitution that prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

Where Does The Solution Lie?
The solution to social injustice lies within us only. We should be aware of the expressions - the poor, the backwards, social justice which are being used to undermine standards, to flout norms and to put institutions to work. We should subject every claim whether it is made in the name of the poor, the backward, whosoever to rational examination.

 After it has been in effect for a while, subject every concession to empirical evidence. We should shift from equality of outcomes to equality of opportunities. And in striving towards that, politicians to move away from the easy option of just decreeing some reservations to doing the detailed and continuous work that positive help requires, the assistance that the disadvantaged need for availing of equal opportunities. We must bear in mind that if the majority disregards smaller sections in the community, it drives them to rebellion. We should try to refashion the policies of state on truly secular and liberal principles.

The individual and not the group should be the unit of state policy. Since no society is static, and social processes are constantly changing, a good legal system is one which ensures that laws adapt to the changing situations and ensure social good. Any legal system aiming to ensure good should ensure the basic dignity of the human being and the inherent need of every individual to grow into the fullness of life. The hope of the masses does not lie in the legal system alone, but in their conscious awakening and fight for social and economic justice. Knowledge of their legal rights however, can be an important motivating force in this direction.

Many NGO's and individuals are emerging in different parts of the country to take up the cause of social change and change for a more just Sierra Leone, where justice will not merely be talked about in intellectual discussions on the intricacies of law, or written about in books, which the masses can't read, or exchanged for good old money, but actually lived and experienced by the majority of the people. The Supreme Court must be in a position to emphasize that "the concept of social justice is the yardstick to the justice administration system or the legal justice and it would be an obligation for the law Courts to apply the law depending upon the situation in a manner whichever is beneficial for the society." The Supreme Court must always be in the position to step in to protect the interest of the Sierra Leonean citizens, using the medium of social justice as an umbrella to deliver justice.