Skip to main content

Concept of Justice

 What is Justice?
Disclaimer: The following content is the sole opinion of the author.


Justice in dictionary terms mean just and fair treatment for anybody and everybody.  It's a virtue bestowed upon by GOD to us (a few of us).  Justice is the very foundation of the legal system. The society seizes to exist without Justice. Justice means to do what is correct in respect of the prevailing circumstances.

According to me, Justice is the incarnation of honesty, fairness & rightness combined. Justice means to ensure that the person gets what he/she deserves, not a little less not a little more. The Justice in one case can be injustice in another. What Justice is, depends on the circumstances and varies from situation to situation.

Killing someone is punishable but killing in self-defence is not. So, the implication of Justice is different for both cases. Doing Justice does not mean to browbeat, but doing what a reasonable mind would have done with all due prudence. Justice doesn’t means being vengeful, but logical and rational.

Justice means to judge someone on a given situation and nothing else. Justice is not equality as every person is not the same in all settings. Though the common law principle favours equality, Justice is somewhat an exception to it. If equality is the only principle followed, Justice loses its magnitude. A murderer and a normal citizen can’t be treated equally.

Lastly, Justice must only be done after knowing all the important aspects to the related case. Even if there’s an iota of doubt, it must be cleared before pronouncing any decision, as someone’s life and career are at stake. Justice must be done as soon as possible and at the earliest without unnecessary delay but not in a haste.

Justice is the core of the Judicature and must be held up high without any prejudice.
Labels:

Comments

Post a Comment

Popular posts from this blog

Doctrines under Art. 13 of the Indian Constitution

  Doctrines under Art. 13 of the Indian Constitution Art. 13(1) of the Indian constitution constitutes two doctrines so as to protect the existence of Fundamental Rights. Fundamental rights are the most precious gifts that our constitution offers to its citizens. They are above every other law(though with reasonable restrictions). To protect the existence and subsistence of these fundamental rights, two doctrines are originated under Art 13(1) of the Constitution. Art. 13(1) of the Constitution reads as : ‘ All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.’   Thus, art. 13 (1) talks about pre-constitutional laws. As per Art. 13 (1), all the laws before the enactment of the constitution (pre-constitution laws) that are not in consistence with the Fundamental Rights shall be adjudicated void. ...
6 comments
Read more

Concept of Crime and Law and Emergence of Criminal Law

I Crime and Law  Crime and Law are two very common yet too technical terms. Both exist in the society simultaneously but exist in contradiction to one another and lose their meaning in absence of other. Before heading forward into details and technicalities, let's first start with the definitions of the two: 1. Crime:  The Merriam-Webster dictionary defines crime as'   an illegal act for which someone can be punished by the government especially: a gross violation of law '   According to Blackstone Crime is,"  “an act committed or omitted in violation of public law forbidding or commanding it" According to Stephen Crime is  " an act forbidden by law and which is at the same time revolting to the moral sentiments of the society”   2. Law:   The Merriam-Webster dictionary defines law as,  ' a binding custom or practice of a community :  a rule of conduct or action prescribed  or formally recognized as binding or enforced by ...
18 comments
Read more