Justice

Justice in United States

Justice Definition

The constant and perpetual disposition to render every man his due. Inst. bk. 1, tit. 1; 2 Inst. 56. The conformJUSTICE ity of our actions and our will to the law. TouUier, Dr. Civ. tit. prel. note 5. In the most extensive sense of the word, it differs little from virtue; for it includes within itself the whole circle of virtues. Yet the common distinction between them is that which considered positively and in itself is called virtue, when considered relatively and with respect to others has the name of justice. But justice, being in itself a part of virtue, is confined to things simply good or evil, and consists in a man’s taking such a proportion of them as he ought. Toullier exposes the want of utility and exactness in this division of distributive and commutative justice, adopted in the compendium or abridgments of the ancient doctors, and prefers the division of internal and external justice, the first being a conformity of our will, and the latter a conformity of our actions, to the law, their union making perfect justice. Exterior justice is the object of jurisprudence; interior justice is the object of morality. Dr. Civ. tit. prel. notes 6, 7. According to the Frederician Code (part 1, bk. 1, tit. 2, § 27) , justice consists simply in letting every one enjoy the rights which he has acquired in virtue of the laws. And, as this definition includes all the other rules of right, there is properly but one single general rule of right, namely, give every one his own. Commutative justice is that virtue whose object it is to render to every one what belongs to him, as nearly as may be, or that which governs contracts. To render commutative justice, the judge must make an equality between the parties, that no one may be a gainer by another’s loss. Distributive justice is that virtue whose object it is to distribute rewards and punishments to each one according to his merits, observing a just proportion by comparing one person or fact with another, so that neither equal persons have unequal rights, nor unequal persons things equal. ToulHer’s learned note, Droit Civ. tit. prel. n. 7. note. In Norman French. Amenable to justice. Kelham. In Feudal Law. Feudal jurisdiction, divided into high (alta justitia), and low (simplex, inferior justitia) , the former being a jurisdiction over matters of life and limb ; the latter over smaller causes. Leg. Edw. Conf. c. 26; Du Cange. Sometimes high, low, and middle justice or jurisdiction were distinguished. An assessment. Du Cange. Also, a judicial fine. Du Cange. In Practice. A title given in England and. America to judges of common-law courts, being a translation of justitia, which was anciently applied to common-law judges, while judex was applied to ecclesiastical judges and others; e. g., judex fisealis. Leg. Hen. I. §§ 24, 63; Anc. Inst. Eng. Index; Co. Litt. 71b. The judges of king’s bench and common pleas, and the judges of almost all the supreme courts in the United States, are properly styled justices. The term justice is also applied to the lowest judicial officers; e. g., a trial justice; a justice of the peace.

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The constant and perpetual disposition to render every man his due. Inst. bk. 1, tit. 1; 2 Inst. 56. The conformJUSTICE ity of our actions and our will to the law. TouUier, Dr. Civ. tit. prel. note 5. In the most extensive sense of the word, it differs little from virtue; for it includes within itself the whole circle of virtues. Yet the common distinction between them is that which considered positively and in itself is called virtue, when considered relatively and with respect to others has the name of justice. But justice, being in itself a part of virtue, is confined to things simply good or evil, and consists in a man’s taking such a proportion of them as he ought. Toullier exposes the want of utility and exactness in this division of distributive and commutative justice, adopted in the compendium or abridgments of the ancient doctors, and prefers the division of internal and external justice, the first being a conformity of our will, and the latter a conformity of our actions, to the law, their union making perfect justice. Exterior justice is the o
bject of jurisprudence; interior justice is the object of morality. Dr. Civ. tit. prel. notes 6, 7. According to the Frederician Code (part 1, bk. 1, tit. 2, § 27) , justice consists simply in letting every one enjoy the rights which he has acquired in virtue of the laws. And, as this definition includes all the other rules of right, there is properly but one single general rule of right, namely, give every one his own. Commutative justice is that virtue whose object it is to render to every one what belongs to him, as nearly as may be, or that which governs contracts. To render commutative justice, the judge must make an equality between the parties, that no one may be a gainer by another’s loss. Distributive justice is that virtue whose object it is to distribute rewards and punishments to each one according to his merits, observing a just proportion by comparing one person or fact with another, so that neither equal persons have unequal rights, nor unequal persons things equal. ToulHer’s learned note, Droit Civ. tit. prel. n. 7. note. In Norman French. Amenable to justice. Kelham. In Feudal Law. Feudal jurisdiction, divided into high (alta justitia), and low (simplex, inferior justitia) , the former being a jurisdiction over matters of life and limb ; the latter over smaller causes. Leg. Edw. Conf. c. 26; Du Cange. Sometimes high, low, and middle justice or jurisdiction were distinguished. An assessment. Du Cange. Also, a judicial fine. Du Cange. In Practice. A title given in England and. America to judges of common-law courts, being a translation of justitia, which was anciently applied to common-law judges, while judex was applied to ecclesiastical judges and others; e. g., judex fisealis. Leg. Hen. I. §§ 24, 63; Anc. Inst. Eng. Index; Co. Litt. 71b. The judges of king’s bench and common pleas, and the judges of almost all the supreme courts in the United States, are properly styled justices. The term justice is also applied to the lowest judicial officers; e. g., a trial justice; a justice of the peace.

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Notice

This definition of Justice Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

Broadly speaking, the maintenance or administration of that which is just, or the administration of law according to the rules of law or equity (in U.S. law). See also judge (in U.S. law).

(Revised by Ann De Vries)

What is Justice?

For a meaning of it, read Justice in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Justice.

Concept of Justice in Political Science

The following is a very basic definition of Justice in relation to the election system and the U.S Congress: Fair and equal treatment under the law; the use of authority to uphold what is right and lawful

Concept of Department of Justice

In relation to immigration and citizenship, Department of Justice is defined as: Department of the executive branch of the U.S. government with the primary responsibilities to enforce the law and defend the interests of the U.S. according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

Finding the law: Justice in the U.S. Code

A collection of general and permanent laws relating to justice, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines justice topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

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See Also

  • Legal Topics.
  • the articles listed underLAW.

    Democracy; Egalitarianism; Equality; Justice, Distributive; Locke, John; Rawls, John; Social Contract; Utilitarianism

    Lawgiving.

    ASSASSINATION, INFANTICIDE, MURDER, PATRICIDE.

    Further Reading (Books)

    For a discussion of the Bible, see Finkelstein 1949, Volume 2, especially Chapter 15 by Mordecai M. Kaplan. For an exposition of Plato’s thought, see Cairns 1949, Chapter 2, and references supplied there. For a discussion of the paradigms, see Cahn 1955, Chapter 9, and Aristotle’s Rhetoric. For an explanation of the requirements of justice, see Frank 1949; Cahn 1961, Chapter 7. For Aristotle’s thought, see his Ethicsand Politics, as well as the often neglected Rhetoric. For Thomas Aquinas’ treatment of justice, see his Summa theologica i-n, 2, 94_96. For the Kantian concept, see Kant’s Philosophy of Law, summarized in Cairns 1949, Chapter 12; Stammler 1911; Malinowski 1926; Jouvenel 1955, Chapter 9; Radbruch 1914;and Kelsen 1945 and 1958. For the English utilitarians, see Hume’s Enquiry Concerning the Principles of Morals, Chapter 3, Appendix 3; Bentham’s The Limits of Jurisprudence Denned; Austin’s The Province of Jurisprudence Determined, Lecture 2; and Mill’s Utilitarianism, Chapter 5. For references to Marx and Engels, see Tucker 1963, Chapter 15; and for the ideas of E. B. Pashukanis see 1927; for later Soviet theorists, see

    Soviet 1951. For an analysis of justice as an active process, see Cahn 1949, 1955, and 1961.

    Cahn, Edmond 1949 The Sense of Injustice. New York Univ. Press. _ A paperback edition was published in 1964.

    Cahn, Edmond 1955 The Moral Decision. Bloomington: Indiana Univ. Press.

    Cahn, Edmond 1961 The Predicament of Democraticc Man. New York: Macmillan.

    Cairns, Huntington 1949 Legal Philosophy From Plato to Hegel. Baltimore: Johns Hopkins Press. FINKELSTEIN, Louis (editor) (1949) 1960 The Jews: Their History, Culture and Religion. 2 vols., 3d ed. New York: Harper.

    Frank, Jerome 1949 Courts on Trial. Princeton (NJ.) Univ. Press _ A paperback edition was published in 1963.

    Friedmann, Wolfgang (1945)1960 Legal Theory. 4th ed. London: Stevens.

    Gilby, Thomas 1958 Principality and Polity: Aquinas and the Rise of State Theory in the West. London: Longmans.

    Jouvenel, Bertrand De (1955) 1957 Sovereignty: An Inquiry Into the Political Good. Univ. of Chicago Press. _ First published in French asDe la souverainete: A la recherche du bien politique.

    Further Reading (Books 2)

    Kelsen, Hans (1945) 1961 A General Theory of Law and State. New York: Russell.-* The author’s reformulation of ideas previously expressed in works published in German and French between 1925 and 1934. KELSEN, HANS 1958 Letters.New York University Law Review ’33:1056_1058.

    Malinowski, Bronislaw (1926) 1961 Crime and Custom in Savage Society. New York: Harcourt. _ A paperback edition was published in 1959 by Littlefield. PASHUKANIS, E. B. 1927 Obshchaia teoria prava i Marksizm (General Theory of Law and Marxism). Moscow: Izdatel’stvo Kommunisticheskoi Akademii. _ For a partial English translation, see Soviet Legal Philosophy 1951.

    Pound, Roscoe 1951 Justice According to Law. New Haven: Yale Univ. Press.

    Radbruch, Gustav (1914) 1950 Gustav Radbruch: Legal Philosophy. Pages 43_224 in The Legal Philosophies of Lask, Radbruch, and Dabin. Translated by Kurt Wilk. 20th Century Legal Philosophy Series, Vol. 4. Cambridge, Mass.: Harvard Univ. Press. _ First published in German. The 1950 edition was translated from the revised and rewritten edition of 1932. A sixth German edition, edited by Erik Wolf, was published in 1963. Soviet Legal Philosophy. 1951 Cambridge, Mass.: Harvard Univ. Press; Oxford Univ. Press. _ A collection of major classics by V. I. Lenin and others, translated by Hugh W. Babb and published under the auspices of the Association of American Law Schools. STAMMLER, RUDOLF (1911) 1925 The Theory of Justice. New York: Macmillan. _ First published in German. TUCKER, ROBERT C. 1963 Marx and Distributive Justice. In Carl J. Friedrich and John W. Chapman (editors), Justice. Nomos 6. New York: Atherton.

    Vecchio, Giorgio Del 1952 Justice: An Historical and Philosophical Essay. Edited by A. H. Campbell. Edinburgh Univ. Press. _ First published in Italian; also translated into German and French.

    Aristotle. 1985. Nicomachean Ethics. Trans. Terence Irwin. Indianapolis, IN: Hackett.

    Hobbes, Thomas. [1651] 1962. Leviathan, or the Matter, Form, and Power of a Commonwealth Ecclesiastical and Civil, ed. Michael Oakeshott. New York: Collier.

    Locke, John. [1690] 1980. Second Treatise of Government, ed. C. B. Macpher
    son. Indianapolis, IN: Hackett.

    Mill, John Stuart. [1863] 2002. Utilitarianism, 2nd ed., ed. George Sher. Indianapolis, IN: Hackett.

    Rawls, John. [1971] 1999. A Theory of Justice, rev. ed. Cambridge, MA: Belknap.

    Rawls, John. 1993. Political Liberalism. New York: Columbia University Press.

    Rawls, John. 2001. Justice as Fairness: A Restatement, ed. Erin Kelly. Cambridge, MA: Belknap.

    Paulette Kidder

    Further Reading (Articles)

    Justices of the U.S. Supreme Court.(Table), The Handy Supreme Court Answer Book; January 1, 2008; Hudson, David L., Jr

    Justices are chummy even in death.(Front), The Virginian-Pilot (Norfolk, VA); August 3, 2010

    “Justice Delayed, Justice Denied”: The Fastest Gun in the East (or at Least on the Supreme Court), Constitutional Commentary; June 22, 1999; Schultz, David

    JUSTICES SCALIA AND THOMAS TO ATTEND FEDERALIST SOCIETY FUNDRAISING DINNER, DEMONSTRATING ONGOING LACK OF RESPECT FOR JUDICIAL ETHICS. States News Service; November 9, 2011

    Justices of the Peace in Massachusetts Confront Dilemmas on Gay Marriage. Knight Ridder/Tribune Business News; April 18, 2004

    Revisiting Informal Justice: Restorative Justice and Democratic Professionalism, Law & Society Review; March 1, 2004; Olson, Susan M. Dzur, Albert W.

    JUSTICES’TEACHING SIDELINE PAYS WELL, The Columbian (Vancouver, WA); August 26, 2002; ANNE GEARAN, Associated Press writer

    Justices Discuss A Changing Court; Interviews With C-SPAN Reveal Tight Bonds Despite Deep Divisions, The Washington Post; September 4, 2009; Robert Barnes

    Justice Javed Iqbals Parents Laid to Rest, The Nation (Karachi, Pakistan); January 12, 2011

    Justices All Democratic Appointees, The Washington Times (Washington, DC); November 18, 2000; Price, Joyce Howard

    Justice, Encyclopaedia Judaica; January 1, 2007; Schwarzschild, Steven

    Justices Diverging from Old Alliances; in 15 Lower-Profile Cases, Decisions Expected to Be 5-4 Came Back with 6-3 votes.(PAGE ONE), The Washington Times (Washington, DC); June 30, 2002

    Justices hear free speech case focused on dogfights; Justices hear case focused on limits of free speech ; Supreme Court debates ban selling ‘depictions of animal cruelty’, International Herald Tribune; October 8, 2009; ADAM LIPTAK

    Justices Okay Manila Declaration on Effective Courts, Manila Bulletin; December 1, 2005

    Justice K M Hasan made Chief Justice, THE INDEPENDENT, The Independent (Bangladesh); June 23, 2003

    Justice John Paul Stevens, Originalist, Northwestern University Law Review; April 1, 2012; Amann, Diane Marie

    Justices Elect First Black to Lead court.(METROPOLITAN), The Washington Times (Washington, DC); August 28, 2002

    Justices Play Bullies in Court Drama, The Washington Times (Washington, DC); December 12, 2000; Murray, Frank J.

    Courting Justice Kennedy’s ‘Swing’ Vote (Dp), NPR All Things Considered; October 1, 2007; ROBERT SIEGEL

    Restoring Justice. Canadian Journal of Criminology; July 1, 1998; LaPrairie, Daniel

    Latino Justice PRLDEF in relation to Crime and Race

    Latino Justice PRLDEF is included in the Encyclopedia of Race and Crime (1), beginning with: Latino Justice PRLDEF (formerly the Puerto Rican Legal Defense and Education Fund) is an organization that supports the Latina/o community to create an equal society among all. Latinojustice PRLDEF creates opportunities for Latinos by using the legal system, education, policy, support, and sponsorship. Latinojustice PRLDEF wants these citizens to garner success at work, school, and home and to fulfill their dreams. This section reviews the history of Latinojustice PRLDEF, the details of the first case litigated by the organization, a more recent illustration of Latinojustice PRLDEF litigation, and some closing thoughts on the organization and its role in society. After World War II, Puerto Ricans began migrating to the United States in an effort to attain a better life. These immigrants endured many hardships, including trouble finding employment and not receiving the proper education at school.

    Concept of Justice in Political Science

    The following is a very basic definition of Justice in relation to the election system and the U.S Congress: Fair and equal treatment under the law; the use of authority to uphold what is right and lawful

    Concept of Department of Justice

    In relation to immigration and citizenship, Department of Justice is defined as: Department of the executive branch of the U.S. government with the primary responsibilities to enforce the law and defend the interests of the U.S. according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

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    Notes and References

    1. Entry about Latino Justice PRLDEF in the Encyclopedia of Race and Crime

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