- Research/Scholar Paper name – “Philosophical Underpinnings Of Law And Justice In A Globalizing World”
- Author: Khushal Gurjar
- Institution: Ph.D, Gujarat National Law University
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 29/12/2021
Justice to me is a non-public component as well as an idea worthy of taking a look at, something which is personal and which may vary from person to person. According to Louis Pojman “Justice is giving every man his dues” in simple words Justice can be defined as Giving everyone what he or she deserves based on a person’s character traits, including ability, virtues and vices. Here it can discourse that the word ‘Deserve’ has several different meanings in itself as who deserves what is a wide debatable topic depending upon the different perspectives society holds. For example, in a group of individuals, the one who deserves to be successful can be identified based on his looks, Skills, Class, Ability, virtues and Vice etc. the said categories are subjective in itself one who is deserving according to me might not be the best deserving person according to someone else. Thus, there are particular shortcomings of the proposed definitions of Law and Justice and here we will try to bridge, connect the two and try to find a relation between the same.
Here we come across a dilemma that we might not encounter an abstract conceptual encounter with Law and Justice in our lives but we will come across the situation where the Judge has to decide a case while being consistent either with Law or with Justice. This project basically delves on this moot point. And it aims to seek an answer to: ‘Why Judges ought to decide on the basis of justice and not law?’