Written by:Adv. Pooja Gupta

Law and Justice : objective and definition

Introduction of the Law and Justice: – Law is a set of laws, guidelines, principles, & values established by a nation’s government to control individuals’ lives and acts. Laws are codified in specific provisions and are regulated by the government and its authorities, such as the paramilitary forces, police, & judiciary. Justice, on the other side, it is a more abstract term based on the concepts of equality of rights & justice.

Law

Law is generally described as a system of rules established & implemented by social or governmental authorities to follow certain procedures. It is described as both a science as well as an art of justice. Historically, law and order were enforced by religion and faith. However, after further debate among philosophers & legal scholars, it was concluded that there should be human-made rules to govern human relations. The laws are constantly formed by the strong to favor themselves; they are not always just in nature.

The laws contain sanctions recognized by the state and implemented by state-authorized authorities. They differ from one country to another. There is also an international legal body that applies solely to governments that have signed treaties & conventions. Because each nation has its own rules & regulations, national laws are a set of regulations made by the govt or legislative authority that are executed by the govt body & interpreted by the judges.

The objective of the Law

Laws are necessary for civilization to progress. It keeps an eye on all three branches of government. No, one is superior to the other. A society without the law will be chaotic, with conflicts between distinct communities and groups. It established norms for how society should act. It adjusts to the changing society. It acts as a catalyst for social transformation and modernization. it has served as a tool for societal reform, abolishing numerous age-old traditions like caste discrimination, sati pratha, child marriage, casteism, etc.

Law has undoubtedly served as a catalyst in the procedure of personal and community transformation, with illustrious examples such as the abolition of caste inequality and injustice, preventative measures for the weak & vulnerable categories, and the provision of a dignified existence for those living in unwholesome economic circumstances. Furthermore, after independence, the Indian Constitution established broad guidelines for transformation. Its guiding principle suggested a framework for a new nation.

The primary goal of the law is to establish law and order in society. The government will impose penalties on anyone who violates the legislation. It is not a law if it cannot be enforced.

justice

Justice comes from the Latin phrase ‘Jungere’, which signifies ‘to bind together’. Justice is the primary ailment that unites or binds persons in society together. Justice is a value that has existed since the beginning of human civilization. Justice must be generally viewed in a wider context; it is fundamentally similar to the concept of morality.

Definition of justice

Numerous scholars have tried to define the term justice: “Justice is a reservoir from which the notion of right, responsibility, and equity develops,” says Blackstone.

Plato defined justice as what was fair & right in both individuals as well as state acts in his Republic of Justice.

Aristotle defined justice as what was fair as well as equitable. As a result, Plato supported distributive justice rather than the corrective justice proposed by Aristotle.

The fundamental structure of the Indian Constitution contains a preamble that addresses: –

  1. Liberty
  2. Equality
  3. Integrity
  4. Justice
  5. Dignity

The concept of justice

The notion of justice depends on how the Constitution is interpreted.

The Constitution primarily addresses three types of justice:

  • Economic Equality,
  • Legal Justice &
  • Social Justice

First, there should be an equitable distribution of rights, duties, & responsibilities in regard to resources & materials.

Second, the concept of justice is one that has an impact on both the governed and the ruled.

The objective of Justice

When considering issues of social & economic policy, the Justice is to direct citizen contemplation. According to Amartya Sen’s theory of political economy, which is outlined in his book The Principle of Justice, the public good must be interpreted in terms of a sense of justice.

The Law and Justice Relationship

According to HLA Hart, justice is significantly more intricate due to the shifting standard of meaningful similarities between different situations inherent in it, which also fluctuates depending on the type of subject to which it is applied.

To attain justice is the goal of the law. Law is an instrument of society, according to SALMOND, and justice is what the law aims to accomplish. All moral notions cannot be recognized as just unless they are justified by the law.

“The real relation between Government & Law is ensured by making the law sovereign and the govt. its servant,”,  Aristotle.

According to Aristotle, the goal of justice is to give each person his just due by ensuring equal opportunity as well as fair and equal treatment. It also seeks to punish criminals and provide justice and remedies for civil wrongs. Thus, jurisprudence provides the connection between “Natural Justice“, which refers to what is based on human behavior at all times, and “Legal Justice“, which refers to what the state provides to its citizens.

Justice is a fundamental value that represents the moral ambition to make things fair. We believe the situation is out of balance without it. Of course, our perceptions of justice may differ from those of others in a given circumstance. We experienced tyrants who imposed many oppressive laws; these rules are the Law, but that does not imply they are good for anyone; they are structures that people are expected to obey in order to become good citizens. When this is exploited, they become extremely restricted and attempt to make people fully submissive; at that point, people would seek justice.

It does not follow that a law is just because it has been declared or implemented by a government. And there are many laws that are contrary to justice & natural law. As an illustration, apartheid law granted privileges based on a person’s skin color, which violated the natural law. The laws of nature and justice were completely violated.

Conclusion of the Law and Justice

Consequently, “law” and “justice” refer to two related but dissimilar ideas. Though they frequently go hand in hand, the concepts of justice and law refer to two distinct concepts. A country’s government creates a system of laws to control the lives and conduct of its population. Laws include rules, guidelines, principles, & norms. The government and its authorities, such as the security forces, officers, judiciary, etc., enforce laws that are found in written codes. On the other hand, justice is a more ethereal term built on the notions of fairness and equality of rights.

All laws shall be based upon the idea of justice and enacted and enforced in a just manner, without any discrimination.

Read more: –

7 Most important constitutional doctrines

Legislation as a Source of Law in Jurisprudence

Obiter Dicta and Ratio Decidendi with Case Laws

Share this Article:

Leave a Comment