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INTRODUCTION

The idea of justice refers to the balance in the relations between men; it
implies proportion and stability. Justice is the fact of correcting an inequality, of
filling a handicap, of sanctioning a fault. It is felt in the tension that separates
the unjust from the just, and in the act by which justice is rendered. In the
Middle Ages, it was defined as the art of the good and the equal. In this
presentation, our remarks will focus on justice in general but in particular on
the different types of justice in society.
I. TRADITIONAL JUSTICE
First, customary law is defined as all the rules of law that are based on
custom and usage. Thus, customary law is a legal system based on a set of
customs. It still constitutes today a source of law to which the judge can refer
provided that it is not contrary to the law.

1 - the traditional judicial institution

In general, the chief of the group, the chief of the village and the notables or
heads of families are the actors in the settlement of conflicts in the customary
justice systems. They are chosen in accordance with local custom and must
present certain guarantees of ancestral wisdom and moral probity to be
recognized as such. In other words, they must have both knowledge of the
custom and irreproachable behavior, appreciated by the community.

2. SOME CHARACTERISTICS OF TRADITIONAL JUSTICE

Customary law is based on custom which has three main characteristics:

• It is unwritten that is to say it is natural (innate)

• It is repeated and constant application of the rule

• It is based on the conviction of the population regarding the mandatory


nature of the rule
II- NATURE AND THE FOMERS OF JUSTICE
1. justice as a virtue

It is true, as we have seen, that it is difficult to speak of justice without


political incarnation, that is to say in a city where its application and its effects
are more perceptible. The fact remains that justice is above all a virtue of the
individual. It is a disposition of the soul which keeps each one in its place
according to the proportion thus preserving the hierarchical harmony of the
whole. Justice is in us as it is in the city; it is what maintains its place in an order
governed by the idea of Good. In the man in the city, justice consists in the
balance of the parts, each fulfilling its duty.

2. Equality before the law

A . the principles of equality before the law

It was first affirmed in the law of August 16 and 24, 1790. An article specifies
that all citizens are equal before justice, in the law it says that all citizens
without distinction will plead in the same form and before the same judges, in
the same cases. This principle is an extension of the principle of equality which
appears in Article 1. This article states that “men are born and remain free and
equal in rights”.
III. - First degree courts

First degree courts are divided into two types: civil courts and criminal courts,
each dealing with a particular type of case.
The civil court decides in cases which concern, for example, real estate
disputes, consumer-related disputes or family disputes such as inheritance
disputes. The civil court does not pronounce sentences and it is made up of
several courts such as the district court, the high court, the commercial court,
the social security court, the juvenile court, etc.
The criminal jurisdiction of the first degree is responsible for sanctioning
attacks against individuals and property. It includes the Assize Court, the Police
Court and the Criminal Court.
IV. Conclusion
At the end of our analysis, it should be noted that justice must be
rendered for the genocide, for the political assassinations and for the other
violations of fundamental rights. The culprits must be punished and prevented
from repeating their actions. The innocent must be exonerated from the
erroneous presumptions of guilt that weigh on them and must be released if
incarcerated.

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