justice

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Justice

The proper administration of the law; the fair and equitable treatment of all individuals under the law. A title given to certain judges, such as federal and state supreme court judges.

justice

n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/her/its due from the system, including all rights, both natural and legal. One problem is that attorneys, judges, and legislatures often get caught up more in procedure than in achieving justice for all. Example: the adage "justice delayed is justice denied," applies to the burdensome procedures, lack of sufficient courts, clogging the system with meritless cases, and the use of the courts to settle matters which could be resolved by negotiation. The imbalance between court privileges obtained by attorneys for the wealthy and for the person of modest means, the use of delay and "blizzards" of unnecessary paper by large law firms, and judges who fail to cut through the underbrush of procedure all erode justice. 4) an appellate judge, the Chief Justice and Associate Justices of the U. S. Supreme Court, a member of a Federal Court of Appeal, and judges of any of the various state appellate courts.

justice

see NATURAL JUSTICE.

JUSTICE. The constant and perpetual disposition to render every man his due. Just. Inst. B. 1, tit. 1. Toullier defines it to be the conformity of our actions and our will to the law. Dr. Civ. Fr. tit. prel. n. 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 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.
     2. Justice is either distributive or commutative. Distributive justice is that virtue whose object 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 things, nor unequal persons things equal. Tr. of Eq. 3, and Toullier's learned note, Dr. Civ. Fr. tit. prel. n. 7, note.
     3. 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. Tr. Eq. 3.
     4. 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. Fr. tit. prel. n. 6 et 7.
     5. According to the Frederician code, part 1, book 1, tit. 2, s. 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. See, generally, Puffend. Law of Nature and Nations, B. 1, c. 7, s. 89; Elementorum Jurisprudentiae Universalis, lib. 1, definito, 17, 3, 1; Geo. Lib. 2, c. 11, s. 3; Ld. Bac. Read. Stat. Uses, 306; Treatise of Equity, B. 1, c. 1, s. 1.

References in periodicals archive ?
(24.) The three short chief justiceships of Taschereau, Cartwright and Fauteux are combined for convenience into a single composite chief justiceship.
Under Lamer's Chief Justiceship, the Court wrote fully half as many words in minority reasons as it did in decisions of the Court; looking more closely at these minority reasons, the Court wrote fully half as many words in its separate concurrences as it did in its dissents.
Some might remember the hearing during the confirmation of Clarence Thomas for Supreme Court justiceship. He said, "I arrive with a blank mind, a clean slate, an empty vessel when I approach a subject." Shades of Aristotle!
Lamer's accession to the chief justiceship, the present author described `the traditional Canadian judicial ethos' as follows:
Mocking the lord chief justiceship and, ultimately, the monarchy (though, interestingly, not the chief target of Puritan attacks, the prelacy--a point that I will ultimately address), Falstaff demonstrates the illusoriness of claims to hereditary authority and to authority bestowed by hereditary monarchs.
Kennedy hated to lose Goldberg as Secretary of Labor, but once offered the justiceship, Goldberg would not think of turning down what had been his dream since law school.
I am certainly not arguing that Mps as a class are misunderstood angels or unappreciated heroes, nor do I imagine for a moment that participation in politics can (or probably ought to) be the sort of `intellectual feast' which Robert Bork imagined his elevation to an Associate Justiceship on the US Supreme Court would encourage.
Villiers's sinecure Chief Justiceship in Eyre, north of Trent,(40) but failed like Rubinstein to add that the office had in 1810 been recommended for abolition,(41) and in 1817 scheduled for abolition.(42)
He's referring, principally, to Hutchins's political ambitions (and those of others for him), which might easily have taken him to a Supreme Court Justiceship or the Vice-Presidency, or even the Presidency, had certain compunctions and a habit of speaking his mind not got in the way.
Despite Carter's underlying argument that a single seat on the Supreme Court is not so all-fired important that the lobbies of the right and left need to put out a fatwa on nominees they don't like, an associate justiceship still counts for a good deal more than, let us say, the job of secretary of Labor.
Our data, however, reveal that the justices' treatment of petitions in this area began to shift several years earlier, just after Warren Burger was elevated to the chief justiceship.(6) The collective effects of the four Nixon appointees produced a strong disinterest in devoting the Court's resources to the area (see Woodward and Armstrong 1979).
The bitter struggle over the fitness for a justiceship of Clarence Thomas, a nominee accused of sexual misconduct, demonstrates one or more of three things: how difficult it is to get a nominee's "moral record" straight, how uninterested many senators are in this issue, or how little they can agree on standards of morality.