~l4~ Ideal (=Model) Beauty (Splendor or Prettiness) [=Hammer) Chisel (=Shape) Tool (=instrument) Pursuit (=Search) Thus justice is a model like truth just as a sculptor tries to achieve prettiness with his hammer and a ‘shape $0 law ig the instrument of a judge in the search of justice. Philosophy is the battle against bewitchment of inteligence by means of language. (Wittgen Stein) Lecture Zero A What are the kinds of justice? ‘Justice is of following two kinds: (1) Natural justice (2) Legal justice Natural justice deals with the enforcement of rights and punishments of wrongs according to moral standards as ‘appeal to the mind of human being. It stands independent of recognition by state. Legal justice denotes justice according to what the law declares to be just (=right). Legal justice may be divided ina the following two kinds: (a) Private justice & (b) Public justice Private or personal justice is what the person whose right is violated wants from the counter party. Public or community justice is what a plaintiff demands and receives from the community through court if his counter parties have denied him personal justice. Private Justice is the object for which the public justice exists. Kinds of public justic Following are the two kinds of public justice: (a) Chiljustice (b) Criminal justice The two kinds can be well understood by understanding their following points of difference: Points of difference between civil justice and criminal justice: Points of Difference Givil Justice Griminal Justics Nature of Wrong Civil justice is dispensed for Criminal justice is dispensed for Wrong (=breach of one's legal private wrongs. public wrongs. duty) Private wrong (=breach of right Public wrong (=breach of right of Nature (=character) of individual) community) Dispense (=to give out) Dispense (=to give out) Purpose ‘The purpose of civil justice is to The purpose of criminal justice is compensate the aggrieved party. to punish the offenders ‘Compensate (=reimburse) Offenders (=wrong doers) Punish (= penalize) Procedure For civil justice eivil procedure is For criminal justice_erimina adopted. procedure is adopted. Nature of Court Civil justice is administered by Criminal justice is administered by Givil Cours. Criminal Courts. Degree of Harmfulness Civil wrongs are relatively less Criminal wrongs are relatively harmful for the society. more harmful for the society Style of Titling Civil cases are titled as Bashier Criminal cases are titled as State Hussan versus Nazier Akhtar. versus Bashier Hussain. Relevant Procedural Code ‘The relevant procedural Code is The relevant procedural code is “The Civil Procedure Code, 1908.’ ‘The Criminal Procedure Code, 1898. In civil justice, government does In criminal justice, govemment not prosecute the case. prosecutes the case. In civil cases in determining the Criminal liability is measured by liability, the following factors are keeping the following in view: (1) irrelevant: (1) Motive (2) Intention Motive (2) Intention (3) Magnitude (3) Magnitude of the offense (4) of the offense (4) Character of the Character of the offender. offender. Prosecution ‘Measuring the liability , Laws are made by super human wisdom. In modem poltical state they are made by Parliament of a state.What is Parliament? The supreme legislative body of a country. The parliament of Pakistan consists of : National Assembly, Senate and the President. Supreme advantage of law: The supreme advantage of law is peace and harmony. Law governs both the ruler and the ruled. What is justice? Justice means given every man his legal rights. It is said that justice is the daughter of law. What law is considered effective lav? Law that has the following characteristics is known as effective law: >» Issued by the un-commanded commander—the sovereign; * The commands are backed by threats of sanctions; and ¢ The sovereign is habitually obeyed. Some important quotations relating law: (1) United states is the greatest law making factory the world has ever known. (2) Laws are imperative in nature. (3) Law helps the vigilante not the indolent; it means law comes to the assistance of the vigilant, not of sleepy. (4) Violence is inimical to law. Inimical (=against) It means law does not like violence but peace. (5) People follow truth; truth makes public opinion; public opinion makes law. Advantages of law (1) Uniformity and certainty (2) Equality & impartiality (3) Protection from errors Uniformity and certainty The first of the advantages is that the law imparts uniformity and certainty to the administration of justice Uniformity (=evenness; sameness) Certainty (=sureness) This advantage enable the people to know what the law is what would be the decision of the court. Equality and impartiality The law is made for no particular person or for no individual case and so admits no respect of person which is incompatible with justice. None can escape from the clutches of law. Protection from errors: The law serves to protect the administration of justice from the errors of individual judgment. The establishment of the law is the substitution of the opinion and conscience of the society at large for those of the individual to whom judicial functions are entrusted. Aristotle observes: “ to seek to be wiser than the laws is the very thing forbidden by good law itself. Disadvantages of law The law is without doubt a remedy for greater evils, yet it brings with it the evils of its own”. The evils are discussed as under: Rigidity: The first disadvantage of law is its rigidity. Because of its rigidity it applies without any allowance for special circumstances and without turning to the right hand or to the left. In other words rigidity is the failure of law to conform itself to the requirements of special circumstances. Conservatism is laws failure to conform itself to those changes in circumstances and in men’s views of truth and justice. Progressive societies are in advance of law. The existing body of rules may be found in-applicable to such changed circumstances. Formalism: Another vice of the law is the formalism. By this is meant the tendency to attribute more importance to technical requirements than to substantive rights and wrongs. In modern time registration and attestation are examples of formalities. Needless complexities: The fourth defect of law is undue and needless complexity. The law becomes more and more complex due to the excessive development of legal system and it becomes too difficult to understand the law. Terminologies used in askin: lestions: Questions in exam cannot be answered unless the students learn the meanings of the following terminologies: 99 Lectures on Business Law (2 Edition) by: Rehan Aziz Shervani