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Justice connotes a moral idea that the law seeks to uphold in the
protection of rights and punishment of wrongs. Justice is not synonymous
with law – it is possible for a law to be called unjust. The basic value
underlying a system of law, or the objective which that system seeks to
attain. It also means the impartial resolution of disputes arising from
conflicting claims.
“Justice is the correct application of a law, as opposed to
arbitrariness”. [Roscoe Pound]
“The virtue which results in each person receiving his due”.
[Justinian]
Justice is the dictate of right, according to the conscience of mankind
generally, or the ideas of those who may be governed by the same principles
or morals, or the consent of that portion of mankind who may be associated
in one goal, that is, the members of the community. [Singhal’s
Jurisprudence]
Justice should not only be done but it should manifestly be seen to have
been done-Even if no objection was taken before the appellate judge who
dealt with the suit and passed an order as the trial Court, he should not
have heard the appeal. ….. [Sree Satya Narayan Misra vs. Md. Shamsuzzaman
and another, 4BLD (AD)1]
What is justice–
What is justice? How is justice related to law? According to Lucas (1980:
3), justice “differs from benevolence, generosity, gratitude, friendship,
and compassion”. It is not something for which we should feel grateful,
but rather, something upon which we have a right to insist. According to
Plato, Justice consists of maintaining the societal status quo. Justice is
one of four civic virtues, the others being wisdom, temperance, and
courage. In an ordered state, everyone performs his or her role and, does
not interfere with others. Each person’s role is the one for which the
individual is best fitted by nature; thus, natural law is upheld. Aristotle
believed that Justice exists in the law and that the law is “the
unwritten custom of all or the majority of men which draws a distinction
between what is honourable and what is base”. The concept of impartiality
is at the core of our system of criminal justice. (Per S. K. Sinha, J)
...Major Md. Bazlul Huda(Artillery)=VS=The State(Banga Bandhu Murder Case),
(Criminal), 2020 [9 LM (AD) 386] ....View Full Judgment
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