Meaning and definition of Justice
Justice is a complex concept and touches almost every aspect of human life. The word Justice has been derived from the Latin word Justitia meaning ‘to bind or to tie together’. The word ‘Jus’ also means ‘Tie’ or ‘Bond’. In this way Justice can be defined as a system in which men are tied or joined in a close relationship. Justice seeks to harmonise different values and to organise upon it all human relations. As such, Justice means bonding or joining or organising people together into a right or fair order of relationships.
Justice is the most important and most discussed objective of the State, and Society. It is the basis of orderly human living. Justice demands the regulation of selfish actions of people for securing a fair distribution, equal treatment of equals, and proportionate and just rewards for all. It stands for harmony between individual interests and the interests of society.
Justice stands for rule of law, absence of arbitrariness and a system of equal rights, freedoms and opportunities for all in society. In fact, Justice stands recognized as the first virtue or ideal or objective to be secured. In its Preamble, the Constitution of India gives first priority to the securing of social, economic and political justice for all its people. In contemporary times Justice stands conceptualized basically as Social Justice.
“Justice means to distribute the due share to everybody.” –Salmond
“Justice protects the rights of the individual as well as the order of society.” –Dr. Raphael
In conclusion, Justice means securing and protecting of rights of all in a fair way. It stands for harmony among all the people, orderly living and securing of rights of all in a just and fair way. Aim of Justice is to provide equal rights, opportunities and facilities to all in a fair way. Justice is the principle of balancing or reconciling human relations in society in such a way as enables each one to get his due rights, towards and punishments.
Principles of Natural Justice
1. Nemo Judex in Causa Sua : The first principle of impartiality roughly translated into English means nobody shall be a judge in his own cause or in a cause in which he is interested. This principle is more popularly known as the Doctrine of Bias. That is the authority sitting in judgment should be impartial and act without bias. To instill confidence in the system, justice should not merely be done but seen to be done.
2. Audi alterem partam : The second principle of natural justice literally means ―to hear the other side. This is necessary for providing a fair hearing and no doubt the rule against bias would also be a part of the procedure. A corollary has been deduced from the above two rules and particularly the audi alteram partem rule, namely qui aliquid statuerit parte inaudita alteram actquam licet dixerit, haud acquum facerit‘ that is, he who shall decide anything without the other side having been heard, although he may have said what is right, will not have been what is right‘ or in other words, as it is now expressed, justice should not only be done but should manifestly be seen to be done‘.
Types of Justice
There are various types of Justice but the following types of Justice is necessary for the course.
1. Distributive Justice : Distributive Justice is a type of Justice which is associated with the fair distribution of the available means and resources among the individual. It can be defined as the social justice for the allocation of the resources. Distribution of available resources can be done in the grounds of equality, equity, needs based approach etc. For example, distribution of madheshi, females, economic incapables in public services, federal parliaments and in BALLB Entrance Examination etc are the example of distributive justice.
2. Corrective Justice : The distinction between distributive and corrective justice was first carried out by the ancient Greek scholar Aristotle, in his work Nicomachean Ethics. Corrective Justice is a type of Justice which deals with maintenance of status quo by protecting the things wrongfully taken and resorting the goods to individuals so wronged. Corrective Justice is also know as remedial justice. It is primarily concerned with the reversal of the wrong which have been done.
Read this also : Rights and Duties