Law and Justice is similar as well as different concept. The relation between both the words is so intimate and complex. They both are connected to each other but they are not the same thing.
WHAT IS LAW?
Law refers to the body of rules and regulations set up by governments and international bodies which are or should be based on the idea of justice. These laws regulate the actions of the citizens and of the government. According to many jurist like Salmond and Roscoe Pound defined law. Salmond says “Law may be defined as the body of principles recognized and applied by the State in administration of justice.”
Roscoe states that “Law is the body of principles recognized or enforced by public and regular tribunals in the administration of justice.”
In India, there are so many laws. There are two main category of law which is International law and National law. National law are of two types constitutional law and ordinary law.
FEATURES OF LAW
- Law should be appropriate to all. Everybody according to law is equivalent and nobody can escape from the eyes of the law.
- Law is uniform in nature. Force of making law lies in the hand of the state. State passes those laws which are viewed as for human government assistance.
- The state has an administration which likewise helps in making law and through which laws are upheld.
- Laws are supposed to be dependable. These are rules for each person.
- Each state needs the law as it is accepted to be the main component which assists the state with working easily.
- Law can be the danger to the individuals who will foul up in the public eye and once they submit anything incorrectly are seriously rebuffed.
- The disciplines which are given to the liable are additionally settled by the law.
- Every nation has the court which settles any issues occurring in a state as indicated by the laws planned.
- Law go about as a safeguard to each person in the state. It helps individuals coincide agreeably and shield themselves from any off-base or misdeeds.
SOURCES OF LAW
These customs , religious ,mortality ,legislations, delegated legislation , judicial decisions, equity and scientific commentaries are the source of law.
WHAT IS JUSTICE?
Justice refers to being fair and right. In layman language, justice is the representation of something which is just and right. According the schools of jurisprudence , the justice defined as-
Natural law school of jurisprudence says and believes that the justice is the implementation of the religious laws and the modern school of jurisprudence says that the justice is used for implementation of the equality and liberty.
Even according to different jurists justice is being defined-
According to Blackstone ,“Justice is a reservoir from where the concept of right, duty, and equity evolve “ and Salmond says that “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
There are five types of justice –
- NATURAL JUSTICE
Natural justice refers to the fairness which simply says that there should be sensible and reasonable decision making procedure on the cases. According to Sarkaria, J., “Rules of natural justice are not embodied rules. Being a means to an end and not an end in themselves, it is not possible to make an exhaustive catalogue of such rules.”
There are 3 rules in natural justice, first “Hearing rule” says that the person should have fair opportunity to the tell or express their side of story or opinion to defend himself. The second rule is “Bias rule” which means that everyone is equal for the law and the experts should be biased free while giving the decisions and fulfil the rule of natural justice. The third rule is “Reasoned Decision” says that the decision made by judge after considering the submission, arguments and the evidence proved.
- ECONOMIC JUSTICE
Economic justice refers to the rights to the individual economically like the person get equal pay of the equal work or the company help them to fulfil their basic needs. There are so many economic institutions which determine how the person earns for their own living, how they enter in. the contract, etc. Economic justice is divided into three essential and independent principals which are Participative justice, Distributive justice and social justice.
- LEGAL JUSTICE
Legal justice have two proportions states formulations of just laws and then justice according to it . Legal justice include that all men’s are equal before law and law should be equally applicable to all i.e., there should be no discriminations. law must be based on the public opinions and needs which contain social values and morality. The concept of the just and unjust much be considered while making a law. Legal justice refers the rule of law not a rule of person. Everyone is equal under the law, no one is rich or poor.
- POLITICAL JUSTICE
Everyone gets the equal opportunity and rights to take part in the administration of the country which means that every citizen have the right to vote without any discrimination of sex ,birth ,status ,religion ,colour.
- SOCIAL JUSTICE
Social justice is the widespread area , it refers to the fairness in the society which include housing, employment, healthcare, etc. it refers to the equal social rights to all the citizen in the society. Provide and treat everyone equally, give equal opportunities .in our Indian constitution, there are several provisions made for the social, economic and political justice.
Social justice is a drastic topic , it’s just not for society welfare it is for individual ,society members. The state must ensure that there should be discrimination and any unfair treatment between the individual or any society member.
Concepts of justice divided into two parts
- Public justice and Private justice
Public justice refers to those justice given by the state administers through courts. This justice is applicable for all citizen welfare. Private justice refers to the justice to the individuals i.e, the legal relationship between the individuals.
- Civil justice and Criminal justice
Civil justice states the private wrong. One person affects other person or their entities refers to the civil; justice. For examples- negligence , breach of contract, trespassing ,etc.
Criminal justice refers to the society, the person affects the society in general . the person who affect the society known as victim. For example- murder, rape etc.
JUSTICE ACCORDING TO LAW
What is being managed by the State through its legal framework isn’t ‘equity’ however ‘equity as per law’. The convention of detachment of forces orders the legal executive to ‘regulate’ the rule that everyone must follow. Justice ‘as per law’ will be guaranteed by the Court. It is the obligation of individuals to request change in the law from the administrators. Nonetheless, inasmuch as the rule stays unaltered, the courts need to act as per it.
SIMILARITY BETWEEN LAW AND JUSTICE
Law and justice are inter related to each other and fairly similar as well. They both regulate the human behaviour and also create more just and equality in the environment. They both connected to each other ,law should be implemented and be based on the idea of justice and it should be implemented without any discrimination. law and justice are based on the idea of equality, order ,fairness and morality.
DIFFERENCE BETWEEN LAW AND JUSTICE
There are different types of laws. Laws are made for the individual countries. Every country have different laws and regulations. Like international laws are applies to all countries and national law enforced by the governments and its bodies.
Justice is the word in which the law is based on. All the laws and norms can be implemented and enforced in fair way by the judged and the government.
In India, laws creations is the long process which is created by the politicians with all the checks and balance and also approved by the country’s population. They should be created for the nation’s welfare.
Justice is not created, it is a wider concept .it consist of morals and ethics . Justice is based on the principals , values which are intrinsic to the human nature.
Justice and Law are two different words, quite intimate and complex in nature. Justice is used for the interpretation . It stated that ‘justice according to law’, and not ‘justice’, is the end goal of law. Justice is for the own understanding and law is applicable for all . law is made or enforced with the help of justice.
- Laxmi Khawas, Law and morality-The two sides of the same coin, INDIAN INSTITUTE OF LEGAL STUDIES (Jun.24,2021, 3:02PM), https://www.iilsindia.com/blogs/law-and-morality-the-two-sides-of-the-same-coin/.
- Swadeshi Cotton Mills v. Union of India, AIR SC 818 (1981).
This article has been written by Aakriti Gupta, from Amity Law School, Noida.