INFLUENCE OF ENGLISH LAW IN INDIA

PRINCIPLES OF JUSTICE, EQUITY AND GOOD

CONSCIENCE

JATIN GARGRoll no. 552

RGNUL,PatialaSUBMITTED TO :Ms. RACHNA SHARMA

CONTENTSINTRODUCTION TO LAWORIGIN OF LAWJUSTICEEQUITYGOOD CONSCIENCECONCLUSION

INTRODUCTIONMEANING OF LAW According to Austin "Law is the command of the sovereign and is accepted

due to fear of sanction".

Literally speaking Law has the following features: is a system of rules and regulations established in a community by some authority applicable to its people in the form of legislation or of custom and policies recognized and enforced

by judicial decision Law can shape or reflect politics, economics and society in numerous ways

and serves as a primary social mediator of relations between people.

iINDIVIDUAL COMMUNITY

ORIGIN OF LAW • Man is a social and a political being by nature

and necessity.

Cooperation and competition, concord and conflict, war and peace have been twin features of man’s social and political existence.

Thus to create a balance in the society rules emerged .

Those body of rules recognized and applied by the state in the administration of justice is called Law.

Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity along with the punishment of the breach of said ethics.

There are many ways of understanding justice:-

Justice as harmony: Justice is a proper, harmonious relationship between the warring parts of the person or city. Hence Plato's definition of justice is that justice is the having and doing of what is one's own.

Justice as natural law: The principles of natural justice are two fundamental principles widely held to be legally necessary to a fair trial or valid decision in a legal system. These are:

Nemo iudex in causa sua: "nobody shall be a judge in his own cause’” audi alteram partem: "hear the other side“ The requirement of "reasonableness", is sometimes treated as a further

principle of natural justice.

Justice as mutual agreement :According to thinkers in the social contract tradition, justice is derived from the mutual agreement of everyone concerned.

Justice as authoritative command :According to thinkers including Thomas Hobbes, justice is created by public, enforceable authoritative rules, and injustice is whatever those rules forbid, regardless of their relation to morality.

JUSTICE

EQUITY In its broadest sense, equity is fairness.

Common law refers to law developed by judges through decisions of court rather than legislative statutes. Common law represent opposing values in English legal system.

Equity is the name given to the set of legal principles, in jurisdictions following the English common law tradition, which supplement strict rules of law where their application would operate harshly.

Equity is commonly said to "mitigate the rigor of common law", allowing courts to use their discretion and apply justice in accordance with natural law.

In practice, modern equity is limited by substantive and procedural rules.

GOOD CONSCIENCEThe awareness of a moral or ethical

aspect to one's conduct together with the urge to prefer right over wrong.

Good conscience is so important that The United Nations Universal Declaration on Human Rights (UDHR) specifically refers to conscience.

CONCLUSION For a good legal system to exist it is

necessary that the principles of justice, equity and good conscience coexist.

All three concepts are closely related to each other .

Justice is based on equity and equity on good conscience.

Justice is the result of the fair and proper administration of law.

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