What is JUSTICE, n?

In jurisprudence. The constant and perpetual disposition to render every man his due. Inst. 1, 1, pr.; 2 Inst. 56. See Borden v. State, 11 Ark. 528, 44 Am. Dec. 217; Duncan v. Magette, 25 Tex. 253; The John E. Mulford (D. C.) 18 Fed. 455. The conformity of our actions and our will to the law. Toull. Droit Civil Fr. tit. prfl. no. 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 I JUSTICE 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 contiued to things simply good or evil, and consists in a man’s taking such a proportion of them as he ought. Bouvier. Commutative justice is that which should govern contracts. It cousists in rendering to every man the exact measure of his dues, without regard to his personal worth or merits, i. e., placing all men on an equality. Distributive justice is that which should govern the distribution of rewards and punishments. It assigns to each the rewards which his personal merit or services deserve, or tlie proper punishment for his crimes. It does not consider all men as equally deserving or equally blameworthy, but discriminates between them, observing a just proportion and comparison. This distinction originated with Aristotle. (Eth. Nic. V.) See Fonbl. Eq. 3; Toull. Droit Civil Fr. tit. pr<51. no. 7. In Norman French. Amenable to justice. Kelham. In feudal law. Jurisdiction; judicial cognizance of causes or offenses. High justice was the jurisdiction or right of trying crimes of every kind, even the highest. This was a privilege claimed and exercised by the great lords or barons of the middle ages. 1 Robertson’s Car. V., appendix, note 23. Loir justice was jurisdiction of petty offenses. In common law. The title given in England to the judges of the king’s bench and tlie common pleas, and iu America to the judges of the supreme court of the United States and of the appellate courts of many of. the states. It is said that this word in its Latin form (justitia) was properly applicable only to the judges of common-law courts, while the term “judex” designated the judges of ecclesiastical and other courts. See Leg. Hen. I.

More On This Topic

Link to This Definition
Did you find this definition of JUSTICE, n helpful? You can share it by copying the code below and adding it to your blog or web page.
Written and fact checked by The Law Dictionary