Perfect Ideals
Perfect Ideals: In Great Expectations, Pip says that children feel injustice very strongly. He recalls the harsh treatment he received from his sister. However, adults also feel this sensitivity to unfairness. Adults also notice injustices around them and want to correct them. Amartya Sen calls attention to the limits of “transcendental justice” in his book The Idea of Justice.
Perfect Justice Concept
Transcendental justice asks what perfect justice would look like. It requires ideal standards and flawless institutions. This idea is similar to John Rawls’ “original position” and “veil of ignorance” in A Theory of Justice. In Pakistan, courts follow this concept closely. Judges focus on legal technicalities: they check if the case was filed in the right court, if parties had a chance to participate, if witnesses were cross-examined, and if the laws were applied correctly.
Judicial Challenges
Most judges in Pakistan try to be fair and follow the law. Yet, the public often distrusts the courts. Litigation is long, expensive, stressful, and full of technical hurdles. For example, Jawaharlal Nehru once described India’s 1935 law as “a machinery with strong brakes but no engine.” Pakistan’s legal system faces similar issues.
Instead of aiming for perfect justice, Sen suggests focusing on “realisation-focused comparative justice.” This approach asks which form of justice works best in practice. Delays, high costs, overly technical procedures, and lack of accountability reduce public trust in the judiciary.
Fair Trial Focus
For instance, a practical approach would relax some high ideals while still addressing clear injustices, like those Pip experiences. It is important to let everyone have a fair chance to be heard. In Pakistan, Article 10-A of the Constitution guarantees that the courts must judge each case on its own merits.
Justice Through Outcomes
In the UK, courts can issue “civil restraint orders” to stop people from repeatedly filing frivolous cases. This system may not be ideal, but it produces fair outcomes. History shows that judges like Solon, Ali ibn Abi Talib, Henry de Bracton, and Thomas Becket followed simpler procedures. People saw their decisions as just because the outcomes benefited society.
Public Trust Matters
Measuring justice is not about how many cases are filed or resolved. The real question is how much faith the public has in the courts. True justice focuses on outcomes that the people perceive as fair.
Published in Dawn, 06th February 2026
