Explain about “justice” approached by legal perspective?

by (VZY)
“Justice” is the idea that every human being has equality before the right and equal protection before the law. However, justice is divided into two different levels when we approach justice by the concept of legal perspective; specifically, they are distributive justice and corrective justice.

First, distributive justice distributes equality of social benefits and burdens among the members of a community and serves to secure a balance or equilibrium among the members of society. For example, every person among the members of a community should have the same opportunity such as fair treatment and services by the state.

Second, corrective justice is corrected the injustice that the wrong doer has done to the victim. For example, Mr.A has responsibility to compensate for wrongfully harming Ms.B when Mr.A wrongfully takes Ms.B’s property. Additionally, only the court can correct the disequilibrium when someone breaks the other distributive justice because the function of the court is to apply justice in its corrective sense. Also, the court must be a fair trial, independent, competent, and impartial. However, the courts can’t be perfect into correct the disequilibrium after the balance is upset among the members of society but the court must try to be the best for each party.

In general, justice directly relates to all the members of a community. However, I am explaining difference between public justice and private justice.

First, private justice is distinguished as being justice between individuals and a relation between individuals. For example, ‘A’ has to pay back money to ‘B’ if ‘A’ borrows money from ‘B’ because private justice demands for ‘B’.

Second, public justice is administered by the state through its own tribunals and its relation between the courts on the one hand and individuals on the other. Additionally, public justice deals with the way that laws are made, applied and enforced by the court. Therefore the law does not allow the private person to take the law into their hand even they have done a wrong themselves. For example, if ‘A’ does not pay back money to ‘B’ then ‘B’ has the right to go to a court of law to compel ‘A’ to pay back money at the same amount.

Public justice is directly related between the individual and the courts. The court has two different types of justice systems, criminal and civil. In the criminal justice system, the court can try legal case for crimes. Crimes are public wrongs because the act of doer is harmful to society in general. Therefore, the state proceeds against when a person commits a crime and the state can punish a criminal by the law for violation of rules. For example, the state proceeds against Ma Su and punished her by the law when Ma Su killed someone.

The purpose of criminal justice is to deliver justice for every one by convicting and punishing the wrongdoer when wrongdoer is found guilty. The purpose of punishment theory may be divided into two classes. First, the end of criminal justice is to protect the welfare of the state and society. Second, the wrongdoers must suffer the retribution for committing a crime. The aim of punishment is not revenge but its terror. There are five purposes of punishment in justice;
(1) Retribution: Criminal should have the punishment. Its must be proportional and must fit the crime. For instance, a murderer should have the death penalty.
(2) Deterrence: the aim of punishment is divided into two parts: especial deterrence and general deterrence,
First, especial deterrence is to discourage the criminal from committing more crimes in the future because the punishment is fear.
Second, general deterrence is to dissuade the general public from committing a similar crime.
(3) Incapacitation: The punishment aims to keep criminals away from the public, usually in prison, so that the public is protected because the criminal is unable to commit another crime.
(4) Rehabilitation: The punishment aims to transform the behavior of the criminal into a better person to help society. This will prevent crimes in community when they leave prison.
(5) Re-integrative shaming: A criminal is publicly shamed over his/her crime, to reintroduce the offender to the community and to show the community that every one abides by the law.

In the criminal justice, there are also divided into three types of Penalties or punishment; especially, they are imprisonment, community service and fines.

In the civil justice system, the court doses not attempts to determine the innocence or guilt of a wrongdoer. Wrongdoers are also not put in prison. The court only attempts to right a wrong between individuals for civil wrongs. Civil wrongs are private wrongs. Civil wrongs are when a dispute exists between individuals such as a breach of contract, trespass to land and/or someone is owed something. This entire act isn’t harmful to society in general. Therefore, the law leaves civil wrong up to the victim to take legal action for compensation in court.

Some cases directly against the state such as a refusal to pay taxes which are harmful to society in general but the law considers it a civil wrong because this action is similar to a person who lent money to someone that refuses to pay back the money. However, the state must recover a debt from a person who refuses to pay taxes through the civil justice system. Sometimes the same case can be both a civil injury and a crime. For instance, if a car hits someone, the victim can charge the driver for injury sustained in an accident and the state also can punish the driver by the law for violation of rules.

Finally, the difference between criminal justice and civil justice cannot be considered in terms of natural acts or the physical consequences of the act. They are distinct in the legal consequences. The court of justice can only consider on question of law and question fact when the court corrects the disequilibrium and judgment. In the public justice, the result of criminal proceedings are that punish the wrongdoer and the result of civil proceedings are that make judgment for damages. When the court corrects the injustice between the individuals, the court must be established by the law, judges also must be competent to know the procedures and judges are being as a blinding person to indicate impartiality of justice.