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    Law & Justice

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    Arindam Prakash
    Law and justice are related concepts but refer to different ideas. While laws are rules created by governments and enforced through legal systems, justice is a broader moral concept of fairness. Both aim to regulate behavior in a just, equal and ethical manner. A key difference is that laws are specific to countries and created through political processes, while justice represents universal ideals that laws should uphold but may be interpreted differently. Dharma, meaning religious or moral duty in Hinduism, has also influenced the development of laws in India to incorporate customary practices around issues like inheritance.

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    Law & Justice

    Uploaded by

    Arindam Prakash
    17 views12 pages
    Law and justice are related concepts but refer to different ideas. While laws are rules created by governments and enforced through legal systems, justice is a broader moral concept of fairness. Both aim to regulate behavior in a just, equal and ethical manner. A key difference is that laws are specific to countries and created through political processes, while justice represents universal ideals that laws should uphold but may be interpreted differently. Dharma, meaning religious or moral duty in Hinduism, has also influenced the development of laws in India to incorporate customary practices around issues like inheritance.

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    Law and justice are related concepts but refer to different ideas. While laws are rules created by governments and enforced through legal systems, justice is a broader moral concept of fairness. Both aim to regulate behavior in a just, equal and ethical manner. A key difference is that laws are specific to countries and created through political processes, while justice represents universal ideals that laws should uphold but may be interpreted differently. Dharma, meaning religious or moral duty in Hinduism, has also influenced the development of laws in India to incorporate customary practices around issues like inheritance.

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    © All Rights Reserved
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    17 views12 pages

    Law & Justice

    Uploaded by

    Arindam Prakash
    Law and justice are related concepts but refer to different ideas. While laws are rules created by governments and enforced through legal systems, justice is a broader moral concept of fairness. Both aim to regulate behavior in a just, equal and ethical manner. A key difference is that laws are specific to countries and created through political processes, while justice represents universal ideals that laws should uphold but may be interpreted differently. Dharma, meaning religious or moral duty in Hinduism, has also influenced the development of laws in India to incorporate customary practices around issues like inheritance.

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    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 Justice
    • Applies within one country & • Underlying principle- all laws based-
    to all individual under Govt’s no implementation of justice but
    laws- implemented in just & fair
    Jurisdiction. National Laws
    way by Judges / Lawyers / Govts. &
    enforced by Govt.& its bodies. International bodies.
    • Created by Politicians- process • Justice- not created- broad concept-
    of checks/ balances- approved unites universal/ethical /moral
    by country population. standards.
    Creation of law follows a • Not universally recognized- idea of
    different process depending justice based on values / principles-
    intrinsic t human nature.
    on country & can last few
    days/ months
    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.

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