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Advantages and Disadvantages of Legal Justice

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HomeBrud.gifJurisprudenceBrud.gifLawBrud.gifAdvantages and Disadvantages of Legal Justice

Administration of Justice is a function of the State. Law is the instrument of justice. Court generally deal in accordance to the legal justice of justice according to law.

Legal Justice has both advantages and disadvantages.

Advantages of Legal Justice

Sir John Salmond said that administering justice according to fixed legal principles has three advantages:

  • Ensures uniformity and certainty in the administration of justice
    • A body of law is a normal requirement for any society.
    • Judges know what rules are and hence can enforce them uniformly.
    • Citizens of the society will know the rules and shape their conduct accordingly.
  • Guarantees / Secures impartiality in administration of justice
    • Judges could get influenced by improper motive if they are left to adjudicate matters according to what they feel.
    • Pre-determined legal provisions will force judges not to go for improper motives
    • Law is not made keeping in mind any specific case or to suit the convenience of any particular person.
  • Rules of Law represent collective wisdom of the community
    • Rules of law are formulated after thought-out opinion.
    • By applying the rules, Judges are applying the collective wisdom of the community.
    • Lord Coke: The wisdom of the law is wiser than any man's wisdom.

Disadvantages of Legal Justice

  • Being rigid is the usual defect of any legal system because law fails to conform itself to the requirements of unforeseen classes of cases.
  • Complex conditions of the society does not allow law to be framed to conform to all the sections all the times.

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