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Law serves to ensure the proper administration of Justice-Evaluate
INTRODUCTION
Law is a system of different types of rules, regulations, and guideline which are enforced by the different types of institution of a country to control the human behavior. Law is made by the government to run the state with in a specific rules and regulations and to ensure the right of the public. Mainly the legislative part of a country makes the law to control the human behavior. From the beginning of the human civilization the law is playing a very important role to guide the civilization in a right way. Without proper law, the world could be a worst place to live where the human rights of a person is not properly taken care.
Justice is mainly the moral right of human which is based on the ethics, law, equity, or religion and the justice can ensure the human rights of every person and this justice can establish social peace and harmony in a society. Justice can ensure the equity and right of a person in a society. By born a man is free and he has different rights in the society and he must have equal rights in a society. In a society, there must be systematic rules and regulations to run the state smoothly and there must not be any inequity among any person of the society. The justice can ensure the equity in the society for each and every person.
Law is the rules and regulations to run a society which guideline will ensure the justice in a society for each and every person in the society. There are no different rules for the riche and the poor, or the man and the woman, or the different casts of religions. Law is always equal for each and everyone.
LAW
Law is a part of social science. Law does not create in a day. Law has grown and developed in a state or in a society with the development and growth of the society. The laws of a state consist of different types of rules, regulation and condition imposed by the supreme authority to maintain a peaceful environment among the people of the society. All the rules do not come from one sources, all those comes from different sources such as parliament act, customs, judges laws. The main duty of the court is to ensure the justice in a society according to the laws of the state. Though justice is a very difficult word to describe but in common sense which is fair that is justice and the laws always ensure the justice in a society. Law has changed and created with the development and growth of the society to ensure the equity.<href=”#_ftn1″ name=”_ftnref1″ title=””>[1]
There is no any universally recognized definition of law. There are some popular definitions of law introduced by different famous persons.
According to Holland, “Law is a general rule of external human action enforced by a sovereign political authority.”
Paton said that, “Law consists of a body or rules which are seen to operate as binding rules in that community by means of which sufficient compliance with the rules may be secured to enable the set of rules to be seen binding.”
Austin said that, Law is the command of sovereign which is enforced by a sanction.
According to Moulton, “law is the crystallized common sense of the community.”
PURPOSES OF LAW
According to Plato, “Mankind must either give them a law and regulate their lives by it or live no better than the wildest of the wild beast.” Law always serves some purpose and some of them are given below:
· The main purpose of law is to ensure justice and to make sure the administration of justice. Human beings use the law as an instrument to ensure the justice.
· Law always tried to ensure the law and order of a society. It prevents anarchy and promotes the peaceful coexistence.
· Good governance is another purpose of law, and good governance is totally impossible without proper justice by law.
· Another purpose is protection of rights and duties through the legal remedies.
· To ensure the freedom of a human and equity in the society.
OBJECTIVES OF LAW
Law has some specific objectives to serve in the society. The main objective of law is justice. Law always tries to ensure the justice in the society among all the people. Law always ensures justice in two different levels. Distributive justice makes sure the balance and the fairness among the members of the society. In a society there could be inequity among the members of a community and some may suffer due to this condition.<href=”#_ftn2″ name=”_ftnref2″ title=””>[2] The objective of law is to help the person who is facing such problem and ensure his justice. Another system is corrective justice which corrects the inequity in a society those are created due to wrongful act. There may be some inequity due to some different types of acts and the law will look at the situation in other way to ensure the justice among all the persons in the community.
LAW AND MORALITY
Law and morality are very closely related in our society. There are two types of wrong and those are legal wrong and moral wrong.<href=”#_ftn3″ name=”_ftnref3″ title=””>[3] Moral view is very important in a society because moral view in a society sometimes decides the law of the country. The legal wrong is a mistake in the eye of law but no one can said that a moral wrong is punishable in front of court. We can discuss all the matters to make this clear about the wrong for punishment or not. If a student do not show proper respect to his teacher and most of the time tells a lie then we can say this a moral mistake. We can not ask court to give the boy punishment due to not showing proper respect to the teacher or for telling a lie. We can actually advice him to do it in proper way but can do give him any punishment. On the other hand, if a person is not giving the promised money after taking an agricultural land from a land owner by promising him giving money after the crops are ripe, then the land owner can go to the court for the punishment and this is a legal wrong. Then the court and judges will decide the legal decision according to the law which will ensure the justice. Here, the court will look at every circumstance and will take decision on the basic of law and morality. Morality plays an important role to take a decision according to the law. That is why; there are different types of law in the different society for different community according to their norms and values as well as the morality.
JUSTICE
In this modern age the word justice is a very important word all over the world. The justice is a very broad concept to understand and the spread of the word is very large at this modern age. Mainly, we meant by the justice is the morality for equity for everyone in the society. Actually, it is not possible to find a social system where there in no discrimination and there everyone in the society is equal in everywhere. But we can not say that, a man has more right than a woman or a specific race or nation has more right than other race or nation. In the sense of law and justice everyone is equal in the eyes’ of law. This is clearly mentioned in the main concept of rules of law. The concept of law is has cleared the sense of justice.<href=”#_ftn4″ name=”_ftnref4″ title=””>[4] We can say that, justice is mainly the fairness and morality to everyone in the community or society. The famous person Aristotle has said that justice consists of righteousness, or complete virtue in relation to one’s neighbor. He also espoused the idea of justice as a state of character, a cultivated set of dispositions, attitudes and good habits. He explains justice by stating it consists of treating equals equally and unequal unequally, in proportion to their inequity.<href=”#_ftn5″ name=”_ftnref5″ title=””>[5]
MEANING OF JUSTICE
It is still very difficult to realize the meaning of justice but if we look at some important terms then we can easily realize the actual meaning of justice. All those terms are given below:
Ø Desert: Basically this gives us the idea of reward and punishment which is applicable for a person what he actually deserves. This is the system in the society that a good work will get a reward and a bad work we be punished. If a person is doing something good fore the society such as tree plantation, helping the helpless people or giving shelter to the shelter less during the flood season then he may get a reward named “Sada Moner Manus”. On the other hand, if a person is doing anything harmful for the society then he will get punishment such as if anyone is smoking in a public place then he will be fined taka 50 by the proper authority. This is the fine for his bad work which he really deserves. But in our society sometimes the poor people do not get punishment and only the poor people will be punished. This is not the justice and only those are justice which will ensure the meaning “getting what one deserves.”
Ø Fairness: This is the idea that comes from the equal right for everyone. In every place in our life the society must ensure the equal rights for everyone. In an organization, if two person have same skills and experience and doing the same job then both of them should get the same benefits from the organization. There must not be any discrimination for the gender, race, nation, language, age etc. It should be applicable in every place and for everyone. If a case is going on against a person in court then he must be getting the proper time to prepare his documents and there must be fairness in the judgment process. Actually, the fairness will ensure the justice.
Ø Equality: This is the most important meaning of justice. The equality will tell us the equal right for everyone in everywhere in the society. We can easily understand this if we look at the right for the vote in a democratic country. During the vote every person has equal right and there is no difference among man, woman, minister, service holder, rich, or poor. Every person has the same and equal right for voting. Besides this, while someone is paying the taxes according to the income then there is a single system for everyone and there is no any inequity. But it is not possible by the government to provide same facilities for housing, education, or electric facilities. Now we can say that, the equity is not possible in every place in the society but law always tries to ensure the equity and justice.
Ø Moral Righteousness: This is the concept of the moral value of the persons of the society. When a person is doing something for the society in his own wishes to do the betterment of the society then we can see the justice in the society. The person is doing his duties and responsibilities in his own courage.
JUSTICE: PART OF THE LAW
Law is basically based on different types of rules, regulation, norms and values of a society.<href=”#_ftn6″ name=”_ftnref6″ title=””>[6] Law always tries to ensure equity and fairness while dealing with a specific case or issue between two groups of persons. Justice is an integral part of law and the purpose of law is justice. Law is made by different types of authority on different situation and we actually find the application of this law to solve the problem between two groups.<href=”#_ftn7″ name=”_ftnref7″ title=””>[7] We can easily understand the condition of the law and the way of providing the justice by law. Many days ago in England there was a law that if a father could not record anything in the name of the sons and daughter then only the elder son of that person will get the properly of that person. There was a conflict about this between two brothers that the younger brother has claimed in the court that before dying his father has asked to the elder brother to look after his brother but the elder brother do not listen to the order of his father and never give any money to the younger brother. The judge has tried to come to a decision that will not violate the law and also will ensure the justice. The judge has given a decision that the owner of the properly will be the elder brother and the portion of the income which will come from the properly will be distributed between the elder and younger brother.<href=”#_ftn8″ name=”_ftnref8″ title=””>[8] From this equity case we can easily find that the main goal of law is to ensure the justice by not changing the laws and orders. Justice is a basic part of law.
LAW, JUSTICE AND ETHICS
The all three word law, justice and ethics are very closely related to each other. In a modern state the three word law, justice and ethics are very closely related and all those are very important to their citizens.<href=”#_ftn9″ name=”_ftnref9″ title=””>[9] There is a very important relationship among law, justice and ethics and justice is satisfied when the law enforces ethics. Ethics describe the best conducts of an individual in some situation, law enshrines the duty of the individual to engage in such conducts and justice is done when the law is enforced. Ethics are very much important concern while taking a decision on the basis of law. Such as, we can say that the stealing is a crime and this is unethical but we can not say that every types of stealing is equal. So, in this case we have to find out the motive of the theft. Here, we apply our ethical knowledge. Basically, the sense of ethics and values will help us to decide how serious the unethical work was and how to give punishment according to this. In the very past era, the decision makers in a society while solving a problem between two persons then they will judge this problem according the ethical sense of the society. Now, we can say that the ethics will decide the law in many cases and the when will combine these two we will find that law always leads to justice.
LAW FOR JUSTICE
From the history we can find that from the beginning to today in the human society there was many conflict and war among different society of country. All the big conflicts and wars raise a question in our mind that to save the human being there must be some standard rules and regulations to save the human society. If there will be some specific rules and regulations then it may be possible to solve the conflicts between two groups very easily.<href=”#_ftn10″ name=”_ftnref10″ title=””>[10]
The main purpose of this is to ensure equity, fairness among all the persons. Law has made in different types situation by depending on different types of situation and all this laws are not fixed. The law is changeable and according to the situation the society will change the law.<href=”#_ftn11″ name=”_ftnref11″ title=””>[11] With the development of the society the law may be changed. The law has changed in a society due to ensure the equity and fairness at any cost. If any past law is not perfect in this present era then the supreme authority will change this law according to the need which will ensure the justice in a society. So, now we can easily say that “the law has made for people and people are not made for the law.” The law will be changed in a society due to the need of the people of the society to achieve justice and ensure equity, fairness etc. Law always tried to ensure the justice in a society or a state.
CONCLUSION
Law is basically the rules and regulations of a state which is very much important for the state to maintain a peaceful situation of the country. Law is very much important for a society as well as for the country to run all the system very smoothly. Law is not fixed and due to the need this has been changed and there are different reasons behind the change in this law. We actually use all this law to achieve the rules of law which will ensure the equity and fineness for everyone in the society. The rules of law is very important in a modern country because the rules of law ensure there is no any differences between rich or poor, black or white, man or woman. Due to ensure this law has been changing and this will lead to justice. Justice is the collection of equity, fairness etc which is ensured by the law. Law always serves the purpose of justice and there is no other alternative than the law to achieve the justice.
REFERENCE
Amato, A. (1993). On the Connection Between Law and Justice, Retrieved from http://anthonydamato.law.northwestern.edu/Papers-1/A93b.html [Accessed July 16, 2012]
Bastiat, F., (1998). The Law. Irvington-on-Hudson, New York.
Bentham & Jeremy, (1789/1970). An Introduction to the Principles of Morals and Legislation (ed. Burns, J. H.& Hart, H. L. A.) (Oxford: Oxford University Press).
Bentham & Jeremy, (1806-9). Principles of International Law, Works, vol. 2
Twining & William, (1997). Law in Context: Enlarging a Discipline (Oxford: Oxford University Press).
Tamanaha & Brian, (2001). A General Jurisprudence of Law and Society (Oxford: Oxford University Press, 2001)
Twining & William, (2003). “The Province of Jurisprudence Re-examined: in Jurisprudence in an Interconnected Globe), Ch.2
Maitland, F. W., (1936). Equity. 2nd ed., Cambridge University Press,
Snell, E., (2000). Principles of Equity, 30th ed., Sweet & Maxwell.
Ferree, W. J. & Kurland, N.G. (1997). INTRODUCTION TO SOCIAL JUSTICE, Paulist Press, New York
Parmentier, S. & Van Houtte, J. (2004), LAW, JUSTICE AND SOCIAL CHANGE IN THE 21ST CENTURY:THE CASE OF BELGIUM, King Baunduin Foundation.
Gordlry, J. (2006). Foundation of Private Law. (Oxford: Oxford University Press).
<href=”#_ftnref1″ name=”_ftn1″ title=””>[1] Bentham & Jeremy, (1789/1970). An Introduction to the Principles of Morals and Legislation (ed. Burns, J. H.& Hart, H. L. A.) (Oxford: Oxford University Press).
<href=”#_ftnref2″ name=”_ftn2″ title=””>[2] Twining & William, (2003). “The Province of Jurisprudence Re-examined: in Jurisprudence in an Interconnected Globe), Ch.2
<href=”#_ftnref3″ name=”_ftn3″ title=””>[3] Snell, E., (2000). Principles of Equity, 30th ed., Sweet & Maxwell.
<href=”#_ftnref4″ name=”_ftn4″ title=””>[4] Bastiat, F., (1998). The Law. Irvington-on-Hudson, New York.
<href=”#_ftnref5″ name=”_ftn5″ title=””>[5] Ferree, W. J. & Kurland, N.G. (1997). INTRODUCTION TO SOCIAL JUSTICE, Paulist Press, New York
<href=”#_ftnref6″ name=”_ftn6″ title=””>[6] Gordlry, J. (2006). Foundation of Private Law. (Oxford: Oxford University Press).
<href=”#_ftnref7″ name=”_ftn7″ title=””>[7] Parmentier, S. & Van Houtte, J. (2004), LAW, JUSTICE AND SOCIAL CHANGE:IN THE 21ST CENTURY:THE CASE OF BELGIUM, King Baunduin Foundation.
<href=”#_ftnref8″ name=”_ftn8″ title=””>[8] Ferree, W. J. & Kurland, N.G. (1997). INTRODUCTION TO SOCIAL JUSTICE, Paulist Press, New York
<href=”#_ftnref9″ name=”_ftn9″ title=””>[9] Twining & William, (1997). Law in Context: Enlarging a Discipline (Oxford: Oxford University Press).
<href=”#_ftnref10″ name=”_ftn10″ title=””>[10] Twining & William, (2003). “The Province of Jurisprudence Re-examined: in Jurisprudence in an Interconnected Globe), Ch.2
<href=”#_ftnref11″ name=”_ftn11″ title=””>[11] Snell, E., (2000). Principles of Equity, 30th ed., Sweet & Maxwell.