Implied & applied dimensions of law, judge, judgement & justice

'L'is the  Twelfth letter of the English  Alphabets and the 'Eleventh'letter in the 'Latin'. 'L'as symbol, is used in Roman numerals for: 50'L';  'L is abbreviation for Law as well as Lord.  In the world  the  first Law exams was conducted by 'Lagem Laureus Bacca'an  Italian in the 18th Century.  Based on his contribution and  memory some of the Universities awarded 'LLB'Degrees for qualified Law graduates. Some Universities awarded 'BL'Degrees for qualified Law graduates. There is no difference between either 'LLB'or BL. Both degrees are same as well as equal status in Indian Legal education Environment.

LAW : (Concept)

In the real and practical world of legal environment we can understand the word 'Law'in two dimensions:

A) Implied Dimension
B) Applied Dimension.

A) IMPLIED  DIMENSION:

'Law'includes any Enactment, Ordinance, Regulation, Order,  By-law,

Rule, Scheme, Notification, or any other Instrument having the force of law.

Law  is a command of the sovereign enforceable by sanctions. Body of rules which must be obeyed and conformed to, by citizens on peril of sanctions and legal consequences. A principal of conduct observed habitually by an individual or a class.  

Jurisprudence is concerned only with positive law, that is, commands or set of rules imposed by or with the authority of the sovereign. The term embraces all acts of parliament, of state Legislatures, the rules and regulations promulgated under the authority of such acts municipal bye laws and also, the judicial precedent or law as declared by courts by Judicial Decisions.

The Phrase 'Law and Order'is to be understood with reference to two other expressions namely 1) Public Order  2) Security of the State and they have been conceived as three Concentric Circles. One has to imagine three concentric circles, the largest representing 'Law and Order' the next representing 'Public Order' and the smallest representing 'Security of the state'. Thus any act my effect, 'Law and Order' but not 'Public Order', just as an act may affect 'Public Order' but not 'Security of the State'.

B) APPLIED  DIMENSION:

When men are pure, law are useless, when men are corrupt, laws are broken.

In University, they don't tell you that the greater part of the law is learning to tolerate fools. Law grind the poor, and the rich men rule the law. Necessity Knows no law. There is no worse torture than the torture of laws. In law nothing is certain but the expense. There  is no better way of exercising the imagination than the study of law. No poet interpreted nature as freely as a lawyer interprets truths. If you like the laws and sausages, you should never watch either one being made. Ignorance of the law excuses no man; not that all men know the law, but because ‘this an excuse every man will plead, and no man can tell how to confute him. Possession is nine tenth of the law.  A law which affects injuriously and unjustly even one human being is bad and must be changed. It cannot be helped, it is as it should be, that the law is behind the time. Finally the purpose of law is to prevent the strong from always having their ways.

'JUDGE', JUDGMENT : (Concept)

In the real and practical world of legal environment we can understand the word 'JUDGE' in two dimensions:

1) Implied Dimension
2) Applied Dimension.

1) IMPLIED DIMENSION :

 A  Presiding Officer of Court of Law is called 'Judge' The term 'Judge' denotes not only every person who is officially designated as a Judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive Judgment or a Judgment which,  if not appealed against would be definitive, or a judgment which if confirmed by some other authority

Would be definitive, or who is one of the body of persons, which body of persons is empowered by law to give such a judgment.  A Judge may be

'de-Jure' as when he has been duly elected or appointed and exercises the office of judge as a matter of right. A judge 'de facto' as where he occupies a judicial office under some color of right and for the time being performs its duties with public acquiescence though having no right in fact.  Pro tempore 'that is for the time being as where a member of the Bar acts by consent of the parties ass a judge. Finally a Judge is an officer who presides over a court or tribunal organized for the purpose of administering justice. His function is to determine controversies between litigants. Judge advocate an officer or a court martial, who combines the character of advisor to the court with that of public prosecutor. Judge means a Judge of High Court, or Supreme Court includes the chief justice of High Court, or Supreme Court, or an acting Judge, an additional judge of High Court, an acting chief justice of Supreme Court.

Judgment means the act of determining as in court what is comfortable to law and Justice.  The statement given by the Judge of the grounds of a decree or Order. A Judgment is the Judicial determination, the decision of a court upon the respective claims and rights to an action therein litigated and submitted for its determination . In Criminal cases, the term means adjudication by trial court that defendant is guilty or not guilty and, if adjudication is guilty, it includes sentence pronounced by the court.

2. APPLIED DIMENSION;

Judges, like people, may be divided roughly into four classes;

"Judges with neither head not heart- they are to be avoided at all costs; Judges with head but no heart – they are to be avoided at all costs; Judges – they are almost as bad; than Judges with heart but no head – risky but better than the first two ; and finally, those rare judges who possesses both head and a heart - thanks to blind luck, that's our judge.  Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. Above all things, integrity is their portion and proper virtue. We judge ourselves by what we feel capable of doing other judge us by what we have done. Four things belong to a Judge; to hear courteously, to answer wisely, to consider soberly, and to decide impartially. Never be a judge between thy friends in any matter where both set their hearts upon the victory. If strangers or enemies be litigants, whatever side thou favorest, thou gettest a friend; but when friends are the parties, thou losest one. The Judgment is like a pair of scales and evidences like the weights, but the will holds the balance in its hand, and even a slight jerk will be sufficient, and in many cases, to make the lighter scale appear the heavier.

JUSTICE; (Concept )

In the real and practical world of legal environment we can understand the word 'Justice' in two dimensions:

1. Implied Dimension
2. Applied Dimension

1. IMPLIED DIMENSION

The term 'Justice' means Upholding rights, enforcing duties and punishing wrongful acts. To achieve justice is the ultimate aim of the law. Justice, equity and good conscience is an important formula in context of Justice. The origin of this formula lie in Roman Law. The scheme was evolved out of practice of medieval cities of Italy, France, and Germany.  Even Mr. Aristotle took pains to explain the needs of this formula. In course of time these ideas were developed in England, and incorporated into her legal system. Thus the preamble to the act of succession, 1925, contains the words Equity, reasons and good conscience. These do not the source of law, other than Common law and statute law. The East India Company carried these concepts to India.

2. APPLIED DIMENSION:

Justice means life for life, Eye for Eye, tooth for tooth . Justice Delayed is Justice denied. It is better that ten guilty persons escape than one innocent suffer. Injustice anywhere is a threat to justice everywhere. No man can justly censure or condemn another. Because indeed no man truly knows another.

You shall judge of man by his foes as well as by his friends. Justice without force is powerless; force without justice is tyrannical. The law is made to protect the innocent by punishing the guilty. Do you know that 'No, No said the Queen. Sentence first – verdict afterwards. Justice is the only just man enjoys peace of mind. That is better hundred guilty persons should escape than that one innocent person should suffer, is a Maxim that has been long and generally approved. Judging from the main portion of the history of the world, so far justice is always, in jeopardy. Injustice is relatively easy to bear, what stings is justice. We do not ask any favours, we only want justice. He who decides a case without hearing the other side, though he decides justly, cannot be considered just. Justice discards party, friendship, and kindered; and is therefore represented as blind. Justice is a machine that when someone  has given it a starting push, rolls on of itself.  Justice is itself the great standing policy of civil society and any departure from it, under any circumstance, lies under the suspicious of being no policy at all. Justice must not only be done, it must be seen to be believed. Finally, Justice is truth in action.

 

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