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NAME : Jasdeep Singh

ROLL NO: 253/23


SEMESTER : 2nd Semester
COURSE : BCOM L.L.B HONS.
DEPT. : UILS
TOPIC – Law and Justice
SUBJECT : Business Economics
Submitted To: M
CERTIFICATE
I hereby declare that this project report entitled ‘’LAW
AND JUSTICE ‘’ , submitted to UNIVERSITY INSTITUTE
OF LEGAL STUDIES . in the fulfillment of requirements
of BCOM LLB course is Bonafide work carried by me
under the guidance of MR AJAY RANGA
I certify that this work has not been submitted to any
university or institute for the award of any degree /
diploma /certificate or published anytime before .

Jasdeep Singh
Acknownledgement

It is always a great relief when you are done with


something you have been working on for a long time. It
is the same when complete your final project. Unlike
other assignments, a project is successfully completed
with the mental and moral guidance of your mentors,
principal, family, friends, etc. While submitting a
project, you are supposed to acknowledge all those
who helped you directly or indirectly in the completion
of your project. Learn how to write an
acknowledgement for a college project in this article.
INDEX
1. WHAT IS LAW
2. WHAT IS JUSTICE
3. TYPES OF JUSTICE
4. DIFFRENCE BETWEEN LAW AND JUSTICE
5. BIBLIOGRAPHY
INTRODUCTION
We 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.

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.
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:

Both concepts regulate human behavior and aim at


creating a more just and equal environment;
Law should be based on the idea of justice and should
be implemented and interpreted in a just manner –
without discriminations; and
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.
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.
BIBLIOGRAPHY
www.google.com
www.thecolumnofcume.com
www.lawandjustice.com
‘The Idea of Justice’ – Amartya Sen

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