Title: Concept of Justice
Headings: Concept of Justice
Concept of Justice
Concept of Justice | Overview
Introduction
Definition
Types of Justice
Social Justice
Economic Justice
Political Justice
Legal Justice
Administration of Justice
Origin
Concept
Classification
Civil justice
2. Criminal Justice
Theories of Punishment
Deterrent theory
2. Retributive theory
3. Preventive theory
4. Expiatory theory
5. Reformative theory
Rhythm Twinkle
Sources
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Content: The essence of legal justice lies in ensuring uniformity and certainty of law and at the same time ensuring the rights and duties duly respected by all. The notion of justice is the impartiality imbibed in it. The violation of justice which is enforced by the law results in state sanction as ‘punishment’. In the words of Chief Justice Coke it has been rightly said that ‘wisdom of law and justice is wiser than man’s wisdom,’ thereby legal justice represents the collective wisdom of the community which Rousseau called as ‘General Will’ of the people. Definition
The term justice has been derived from the Latin word ‘Jungere’ which means to bind or tie together, thus in this way it can be stated as justice is the key ailment which ties the individuals in the society together and harmonizes a balance between them and enhances human relation. In the words of jurists-
Blackstone- “Justice is a reservoir from where the concept of right, duty, and equity evolves.” Salmond- “Though every man wants to be righteous and just towards him, he himself being ‘selfish’ by nature may not be reciprocal in responding justly.” According to him, some kind of external force is necessary for maintaining an orderly society, and without justice it is unthinkable. Types of Justice
Justice represents itself in kinds mainly:-
Social Justice
In the words of Chief Justice, P.B.Gajendragadkar-social justice means ending all kinds of social inequalities and then provide equal opportunities to all. Commenting on social justice Mr. M.C. Chagla, the former Chief Justice of the Bombay High court observed in the case of Prakash Cotton Mills v. State of Bombay, 1957 II LLJ 490 (Bom) that “ we are no longer living in the laissez-faire….. it is true that social justice is imponderable and we asked not to introduce the principles of social justice in constructing legislation that comes for interpretation before us.