The Column Of Curae

Life & Law : Tragedies & Comedies

Relation Between Law

And Justice
By Ayan Mondal

Introduction

W
e all are the part of society. Peace Law and order are maintained in the
society by the state. Justices is the soul of every judicial system. Justices
is established in the society by the law , So administration of justices is
the essential subject matter of the law .The administration of justices is
the process by which the legal system of a government is executed. Jeremy Taylor has
well remarked –“A herd of wolves is quieter and more at one then so many man
unless they all had one reason in them of have one power over them “ the main
function of state are to protect the rights of all person and to maintain the law and
order in the society.
The concepts of law and justice are often confused and misinterpreted by many.
While the two are strictly connected, they are not the same thing. Justice is a broad
concept that is based on equality of rights, fairness and morality. Conversely, law is a
body of regulations and standards set up by governments and international bodies
and is (or should be) based on the idea of justice. Laws are written norms that
regulate the actions of the citizens and of the government itself in all aspects,
whereas justice is a principle that may or may not be universally recognized.

The terms “law” and “justice” refer to two similar yet different concepts. The ideas of
law and justice often go hand-in-hand but refer to two different ideas. Law is a
system of regulations, standards, principles and norms created by a country’s
government in order to regulate the life and the actions of the citizens. Laws are
found in written codes and are enforced by the government and its bodies, including
security forces, police, judiciary, etc. Conversely, justice is a more abstract concept
based on the idea of equality of rights, and fairness. All laws should be based on the
idea of justice and should be implemented and enforced in a just way without
discrimination of sex, gender, age, colour, race, religion, language or any other status.

What is Law?

Laws are rules and guidelines established and enforced by the government and its
entities. They vary from country to country and there is a body of international laws
that applied to all states that decide to ratify certain treaties or conventions. National
laws are principles and norms that regulate the behaviour of all citizens and of all
individuals under the government’s jurisdiction. Laws are created by the government
thorough a long and complex process, and once established they are implemented by
governmental entities and interpreted by lawyers and judges. Laws establish what
citizens, business, and governmental agencies can or cannot do. Although there is a
set of written legislations, the judiciary system has the power to interpret them and
to enforce them in all different situations. Laws vary from one country to another and
that is the reason why lawyers can only operate in the country where they passed the
national exam.

It has always been recognized that the purpose of the law is to ensure the effective
administration of justice. Several jurists have opined that a legal system may be tested
on the basis of how effectively it has administered ‘justice’ as defined by its laws. In
fact, jurists like Salmond and Roscoe Pound have defined law in terms of justice.

According to Salmond, “Law may be defined as the body of principles recognized and
applied by the State in administration of justice.” Roscoe Pound states, “Law is the
body of principles recognized or enforced by public and regular tribunals in the
administration of justice.”

What is Justice?

Salmond said that the Administration of Justice implies maintenance of rights within
a political community by means of the physical force of the state. However orderly
society may be, the element of force is always present and operative. It becomes latent
but it still exists. Roscoe Pound– He believed that it is the court who has to
administer justice in a state.

Justice is a broad and somehow abstract concept based on equality of rights, fairness,
kindness, dignity, moral and ethics. In a just world, we would not have:

Discrimination;
Violence;
Abuses;
Poverty;
Slavery; and
Injustices in general.

Therefore, all laws should be based on the idea of justice and all governments should
enforce national laws in a just and equal way. Unfortunately, this is not always the
case and laws are often broken, non-respected and/or enforced in biased and partial
ways. Furthermore, justice supersedes national legislation and applies to all
individuals without discriminations or limitations.

Being one of the central points of study in jurisprudence, several jurists and thinkers
have come up with their own ideas of justice. According to Friedmann, the ideals of
justice are formulated by all those thinkers who reject the natural philosophy. Kelsen
has attempted to reduce the various theories of justice into two types- rationalistic
and meta-physical. Rationalistic theories define ‘justice’ scientifically or quasi-
scientifically. The definition provided by the meta-physical theories, on the other
hand, can be said to be pseudo-scientific. Aristotle’s views on justice may be said to be
rationalistic whereas those of Plato may be said to be metaphysical. Different kinds of
justice may be briefly summarized as follows:

Natural Justice- Natural justice implies to the ends of natural law. The purpose of
natural law is to ensure that the natural rights, inherent in all individuals, remain
protected. When the said purpose is achieved, it can be said that there is natural
justice in society. 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.”

Economic Justice- Economic justice refers to the effective realization of the economic
rights of an individual. It is argued that, in order to effectively administer all the
other kinds of justice, economic justice has to be necessarily ensured.

Political Justice- In a State where all the individuals have an equal right to participate
in the nation’s political process, political justice can be said to prevail.

Social Justice- With the emergence and growing popularity of the idea of the welfare
state, the idea of social justice has occupied a central position amongst the various
kinds of justice. In order to ensure social justice, a State must ensure that an
individual, as a member of any social group, is not subjected to any kind of
discrimination or unfair treatment.

Legal Justice- Legal Justice refers to the ideal of justice that a legal system seeks to
achieve through the enactment of various laws and legal rules. Justice must be backed
by law. When Justice is administered within the boundaries set by law, the kind of
justice administered is known as legal justice. This kind of justice is administered by
the courts of law. It is also known as ‘Justice according to Law’.

Justice according to Law

In contemporary times, what is being administered by the State through its judicial
system is not ‘justice’ but ‘justice according to law’. The doctrine of separation of
powers mandates the judiciary to ‘administer’ the law of the land. If any legislation is
found to be defective, it cannot assume legislative functions. At most, it can issue
guidelines to aid the legislature. For instance, a murderer may have willfully
confessed his crime in front of a police officer but may not have been able to do so
before a magistrate. In such a situation, even though convicting him on the basis of
the confession may have ensured justice, it shall not be recognized by the court for it
is against the ‘law of the land’.

Thus, justice ‘according to law’ shall be ensured by the Court. It is the duty of the
people to demand change in the law from the legislators. However, so long as the
statute remains unaltered, the courts have to act according to it. Law is blind and, as a
result, justice may also become blind.

Similarities between Law and Justice  

The concepts of law and justice are fairly similar as most laws are thought to be just
and fair. Some of the main similarities between the two include:

1. Both concepts regulate human behavior and aim at creating a more just and
equal environment;
2. Law should be based on the idea of justice and should be implemented and
interpreted in a just manner – without discriminations; and
3. Both are based on the ideas of morality, equality, order and fairness.

Difference between Law and Justice

Although the two concepts are strictly linked, there are key differences that cannot be
overlooked:

1. The term law refers to an existing and concrete set of written regulations
established by the government in order to regulate and control the actions of the
citizens. Conversely, justice is not a universally recognised concept and is subject to
interpretations. Justice is often depicted a woman wearing a blindfold– representing
equality and fairness, and applying laws and regulations to all individuals without
discrimination. Yet, there is no common understanding of justice and there is no
unique book or text to refer to; and

2. Laws can vary from country to country and the process with which they are created
can change as well. For instance, in democratic countries, laws are adopted following
a long debate and an even longer process of checks and balances; conversely, in
authoritarian countries, laws are decided and established by the ruling party (or by
the ruling person) without seeking the support of the majority. Conversely, the idea
of justice is more or less consistent across all countries: moral values and ethics tend
to supersede borders and geographic divisions.
Difference in terms of Implementation

Laws apply within one country and to all individual under the government’s
jurisdiction. Furthermore, international law applies to all countries that ratify certain
covenants or treaties. National laws are enforced by the government and its bodies
(police, judiciary, etc.) while international law is enforced by international
organizations and tribunals. On the other hand Justice is the underlying principle
upon which all laws should be based. Yet, there is no implementation of justice as
such, but laws and norms can be implemented and enforced in a just and fair way by
judges, governments, lawyers and international bodies.

Difference in terms of Creation

Laws are created by politicians through a long process of checks and balances and can
be approved (or not) by the country’s population. The creation of a law follows a
different process depending on the country, and can last few days or even months
whereas Justice is not created; it is a broad concept that unites universal ethical and
moral standards. Although it is not universally recognised, the idea of justice is based
on values and principles that are intrinsic to the human nature.

Origin of Administration of Justice

It is the social nature of men that inspires him to live in a community. This social
nature of men demands that he must reside in a society. However, living in a society
leads to conflict of interests and gives rise to the need for Administration of Justice.
This is considered to be the historical basis for the growth of administration of
justice. Once the need for Administration of Justice was recognized, the State came
into being. Initially, the so called State was not strong enough to regulate crime and
impart punishment to the criminals. During that point of time, the law was one of
Private Vengeance and Self-Help. In the next phase of the development of
Administration of Justice, the State came into full-fledged existence. With the growth
in the power of the state, the state began to act like a judge to assess liability and
impose penalty on the individuals. The concept of Public Enquiry and Punishment
became a reality. Thus, the modern Administration of Justice is a natural corollary to
the growth in the power of the political state.

Advantages of Legal Justice

1. Uniformity and Certainty– Legal Justice made sure that there is no scope of
arbitrary action and even the judges had to decide according to the declared law of
the State. As law is certain, people could shape their conduct accordingly.
2. Legal Justice also made sure that the law is not for the convenience of a particular
special class. Judges must act according to the law. It is through this that impartiality
has been secured in the Administration of Justice. Sir Edward Coke said that the
wisdom of law is wiser than any man’s wisdom and Justice represents wisdom of the
community.

Disadvantages of Legal Justice

1. It is rigid. The rate of change in the society is always more rapid than the rate of
change in the Legal Justice.

2. Legal Justice is full of technicalities and formalities.

3. Legal Justice is complex. Our society is complex too. Thus, to meet the needs of the
society, we need complex laws.

Types of administration of justice

1. Civil administration of justice

2. Criminal administration of justice

Civil administration of justice

Adjudication of civil disputes by the civil courts is known as administration of civil

justice.

Those offences which are dealt with by civil courts through civil proceeding are called
civil offences. The rights enforced by civil proceeding are two kinds. They are either
primary rights or sanctioning rights. A sectioning rights is that which arises out of
the violation of another rights. All other are primary, they are the rights which have
their source somewhere else then wrongs. A primary right generally arises out of
conduct or jus in rem.

Criminal administration of justice

Adjudication of Criminal cases by the criminal court is known as administration of

criminal justices, those offence which are dealt with by criminal court through
criminal proceeding are called criminal offences Punishment is one of the chief
purpose of administration of criminal justice .it may roughly be defined as the
authoritative infliction of suffering for an offence. the notation of punishment
involves three major elements. The first of these elements is that punishment is
imposed by someone in authority over the person punished. the second element is
that punishment involves the infliction of something unpleasant on the victim,
whether consisting of positive physical pain or deprivation of something which the
victim desires such as his liberty. Thirdly the most important notion of punishment
entails the actual or supposed commission of an offence.

Conclusion

The relation between law and justice is quite intimate and complex. ‘Justice’ is a term
which is capable of multiple interpretations and definitions. It is incapable of being
confined within a definite scope. Thus, a legal system shall only administer ‘justice’
according to its own understanding of the term. In conclusion, it can be stated that
‘justice according to law’, and not ‘justice’, is the end goal of law.

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The Column Of Curae , Life & Law : Tragedies & Comedies

29th Sep 2021
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