Justice and morality are commonly used in law. Although they are all a part of the same system and have many common factors, it cannot be ignored that they imply different meanings in the legal term. Before understanding the inter-relationship of law justice and morality, it is necessary to understand their personal meaning. Show Morals as an end of the law and thus there is a relationship between law, justice and morality. Most jurists say that the end of the law is to secure ‘justice’. Justice has more or less been defined in the terms of ‘morals’. Thus the law is used to give an idea of both morals and justice. What is Law?Meaning of Law: – The law is legislation created and enforced through social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. Law is a rule made by a government that states how people may and may not behave in society and in business, and that often orders particular punishments if they do not obey, or a system of such rulesIt has been variously described as a science and the art of justice. Until now, there is no definition that is universally accepted. Jurists have tried to define it on the basis of ‘source’, ‘effect’, ‘purpose’, ‘nature’ and other factors. Law are the rules which are enforced by society. Violations may bring a loss of or reduction in freedom and possessions. Society is one of the major factors in explaining the law. The law tells people what they should and should not do. For example, the law tells people that they should not hurt people and that they will be punished if they do so. In the same way, even society tells us what to do, for example, respect elders. Law is a social science and in order to keep up with change in society it has to change because there can be no right definition of law due to ever changing society. To give the definition of law, various legal concepts should be analyzed such as sociology, political science, history, psychology, economics, with an element of logic and practicality to meet the ends of justice. Various Definitions of LawThere are broadly five definitions of Law such as: –
As per the above law definitions, human behavior in the society is controlled with the help of law. It aids in the cooperation between members of a society. Law also helps to avoid any potential conflict of interest and also helps to resolve them. What is Justice?Meaning of Justice: – The term justice has been derived from the Latin word ‘Jungere’ which means to bind or tie together, thus in this way it can be stated as justice is the key element which ties the individuals in the society together and harmonizes a balance between them and enhances human relation. Justice means following of norms (customs). Justice stands for just conduct, fairness or exercise of authority in maintenance or right. Therefore, justice generally means the recognition, application and enforcement of laws by courts. Justice is ideally representing something that is just and right. It basically means being just, impartial, fair and right. What is just may depend on the context, but its requirement is essential to the idea of justice. For example, the natural law school of jurisprudence believes that justice means the implementation of religious laws. On the other hand, modern jurisprudence says justice means the implementation of concepts like equality and liberty. However, in both these examples, justice means enforcement of what the law perceives to be right. Society demands that people should live in peace in the society. While in society we experience a conflict of interest and expect other people to behave rightly in the society. But on the contrary, people are very selfish by nature, and may not be fair to others. Thus it is necessary that there should be some external power which is necessary to maintain the society. Salmond and Roscoe Pound made more emphasis on the importance of justice in their definition of law. For salmond without justice, an orderly society is unimaginable. Blackstone: – Justice is a reservoir from which the concept of rights, duties and equity develops. The essence of legal justice lies in ensuring uniformity and certainty of law as well as ensuring that rights and duties are duly respected by the people. Justice ensures fairness. One should not be just for themselves but towards all members of society as well. Kinds of JusticeThe concept of justice and its administration can be of the following types: –
What is Morality?Meaning of Morality: – Tort Law started just from the morality of the society and has some moral values as its underpinnings. In its most basic terms, the source of tort law is to shield society from chaos and pandemonium by establishing a court in which one individual can bring a claim against another, without resorting to private revenge.Like the morals of society construes that no person should do anything wrong with anyone and if he has done anything wrong, then he must be punished, just to get the victim back to a decent position. In ancient times, there was no difference between law, justice and morality. In Hindu law, there was Smriti and Vedas. In the name of ‘natural rights’ the Greeks laid the theoretical moral foundation of the law. The recognition of moral laws is done by Romans on the basis of ‘natural law’. In the middle Ages, churches came to power and Christian morality was considered the basis of law. Bentham said “Law has just the same centre as morals but it has by no means the same circumference.” The modern trend in morality: –
Law and Justice in Modern Society“Justice by law” is the modern view of justice in society. Dicey called this theory “the rule of law”. This includes that everyone is equal before the law and there should be no arbitrariness and the law should be equally applicable to all without any discrimination. ‘No one is above the law’.
What is the difference between law and morality?The difference between law and morality is as follows: –
What is the relationship between Law and Morality?Although there are many differences between law and morality, it should not be assumed that there is no similarity between law and morality. They have the same center but different circumferences. They are very closely related. It depends on the definition of law whether they will incorporate morality or not. Different definition of law is given by different schools. The relationship between Law and Moral can be studied with 3 viewpoints: –
Explanation: –
Case law under Law, Justice and Morality
Facts of the case: – Defendant, Thomas Dudley (Mr. Dudley) and Edwin Stephens (Mr. Stephens) (Defendant), and two other gentlemen, Mr. Brooks and the victim, Richard Parker (Mr. Parker), sat on the boat for several days. When it was revealed that everyone would die of thirst and starvation, the defendants decided to sacrifice Mr. Parker for the good of the rest. A man who, in order to avoid starvation death, kills another to eat his flesh, is guilty of murder; However at the time of the act he is in such circumstances that he believes and has reasonable grounds to believe that it gives him the only chance to preserve his life. Judgment of the case: – In this case, the court applied the principle of ‘Ratio Decidendi’ which means one person cannot sacrifice another person’s life to save his or her own. And on these facts, there was no evidence of any necessity that could justify the prisoners in killing the boy and they were guilty of murder. |