Law & Justice

• Go hand in hand.
• Words- confuse- who believe- refer same
thing-but- not true.
• Law- set of rules- What is right & wrong.
• Justice- consider- circumstances- surround-
right & wrong at that time.
• Law- system, Justice- concept that is basis of
this particular system.
 Law
• Rules/ guidelines- set up- social institution- govern behavior.
• Things- a person can & can’t do.
• Enforced by Govt. officials- police officers/ agents /Judges.
• Ideas- process of checks/balances & votes- to become Law.
• Enactment of Law varies- based on type of Govt. like
Autocratic, Democratic.
• Law- obeyed by all- Pvt. Citizens/groups/companies/ Public
figures/Organization/Institutions.
• Enforceable by Judicial System- prosecuted in Court.
• Types of Law- Criminal/Civil & International.
• Breaking Law- Punishable Crime- drastic consequences- hefty
fines/ Jail time & Community service time.
 Justice
• Moral/Political concepts.
• Latin Word ‘Jus’- right/law.
• Means- “He who does what is morally right”.
• John Rawls- American Philosopher- 20th Centaury- given theory of “justice“
as “fairness” says- equal basic rights, equality of opportunity & promoting
interest of least advantaged members of society.
• Definition- “The administration of Law, especially: the establishment or
determination of rights according to the rules of Law or equity”.
• Concept- Based on equality/righteousness/ethics/morality.
• Concept- all individual must be treated equally.
• Huge part of law- all aspects of law based on it.
• Suggests- Law- right & equal for everyone- irrespective of caste/creed/
religion. Everyone- same rights.
• In many countries- Justice- represented using a blindfolded lady with a set
of scales in her hand. In U.S- sword in her hand.
 Types of Justice
• Aristotle- Ancient Greek Philosopher.
• Father of western Philosophy.
• Acc- justice is of 2 types.

Universal Particular
Obedience of laws that
that one should distributive Remedial/corrective
be virtuous having
high moral standards. Civil Law Criminal Law

dealing with Voluntary Transactions

Involuntary Transactions
 Distributive Justice
• Distributive- fair division- social benefits/
burdens- among members of society.
• Material resources- distributed equally- to
achieve common good & welfare of people.
• Equal pay for equal work- men & women.
• Imp. Objective- law- treat persons- equally
placed.
• A.14- equal treatment for all persons.
 Corrective Justice
• Means- rectificatory function of Law.
• Known as administration of Justice.
• Wrong done by one party to another- other party- provided
with remedy.
• Injustice- corrected- removes feeling of injustice. Function
is performed by Courts.
• Court aims – correct injustice done by one person to other.
Remedy responds- to injustice- possible to correct it.
Connection b/w remedy & wrong.
• Objective- restore what an individual has lost- injustice of
society.
• Aims at virtue & moral excellence of character.
 Social Justice
• Securing min. life necessaries- every individual in
society.
• Constitution- aims to secure social justice to everyone.
• Democratic country- india- Govt.- believe- welfare
State.
• Works for people benefit.
• Main concern- provide minimal basic amenities to
secure goal of social Justice.
• Ex- FRs & DPSP- social Justice.
Similarities between Law & Justice
• Regulate human behavior & aim at creating a
more just & equal environment.
• Law- based on idea of justice &
implemented/interpreted in a just manner
without discrimination.
• Both- based on the ideas of morality, equality,
order & fairness.
 Difference between Law & Justice
Law
• Applies within one country &
to all individual under Govt’s
Jurisdiction. National Laws
enforced by Govt.& its bodies.
• Created by Politicians- process
of checks/ balances- approved
by country population.
Creation of law follows a
different process depending
on country & can last few
days/ months
Justice
• Underlying principle- all laws based-
no implementation of justice but
laws- implemented in just & fair
way by Judges / Lawyers / Govts. &
International bodies.
• Justice- not created- broad concept-
unites universal/ethical /moral
standards.
• Not universally recognized- idea of
justice based on values / principles-
intrinsic t human nature.
 Conclusion
• Terms- law & justice- two similar yet different
concepts
• Ideas- law & justice- go hand in hand but refer
to two different ideas.
• All laws- based- idea of justice & implemented
& enforced in a just way without
discrimination of sex, gender, age, color, race,
religion, language or any other status.
 Law and Dharma
• Word ‘Dharma’- latin word ‘dhr’- to support/sustain & hold together.
• Interpreted- morality/obligation/ religion/ law.
• Indian society- since time immemorial- governed by Dharma till date.
• Dharma- key role- day to day activities of individuals.
• Based on dharma- laws/legislations- enacted- under rule of British
India/ Independent India.
• Ex- British codified customary practices of Hindu- derive their source
from Dharma- dealt- personal laws- inheritance /succession/other
property related matters.
• After Independence- making-The Constitution- Hindu Law (dharma)
codified- according to changes-outlook/ lifestyles.
 Law and Dharma
Continues….
• Principles of Natural Law- way into const.- in way of FRs like right
to equality/ Freedom of movement/ right to life- based on
Dharma.
• Dharma- integral part of law. Laws framed- background of
Dharma.
• Laws regulating- personal matters of individuals- marriage/
inheritance/ succession – auth. from Dharma.
• Ex- the Hindu Succession Act, 1956- provides guidelines- regarding
succession of family property- framed on rules & customs followed
by Hindu’s since time immemorial.
• Talks – Karta of Hindu undivided family & his role- customary
practice followed by Hindu’s for centuaries.