Sunday, 25 August 2013

Justice is based on certain well defined and long understood values across the globe and by and large not always dependent on law.
Law shows the roadmap  as to what is the expectation of state in a given circumstance or frame of time, place or person.
Since law is always having its origin from state justice takes this care of this
peculiarity and makes sure that the law is strictly followed and nothing but law is followed. It ensures fair play and curtails the possibilities of arbitrariness at the hands of state.
Justice leans in favour of weak if possible as per judicial value within the permissible limits of law.
Justice is fair play and law is a command . The justice delivery system acts in between these two ends and ensures a balance.
Judges have to be sensitised about their role, the law, justice and expectations of individual , society and state.
State is kingly and law coming through state/king may have state compulsions.
Unless those compulsions are honoured as far as possible theinstitution of state may not survive.
On the other hand law must have a construction /reconstruction value. Utility is the essence of law and its acceptability. Law without utility or ultimate constrictive social value are resisted by people and sometimes by judges . Judges reflect the popular view and the legal view. Judges try to locate wisdom, rational behind law and explain the same to people. Similarly judges explain to the state where the law is pinching unfairly.
Judges are fair-play activists and try to chisel out law  and iron out the friction in between law and competing expectation. Judges warn the state if the heat generated is really high. They educate the people to change their attitude as per change in law.
Judges are social teachers speaking through their judgements. Judges are confidence builders.

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