JUSTICE

justice.

1. The fair and proper administration of laws.

commutative justice (k[schwa]-myoo-t[schwa]-tiv orkom-y[schwa]-tay-tiv). Justice concerned with the relations between persons and esp. with fairness in the exchange of goods and the fulfillment of contractual obligations.

distributive justice. Justice owed by a community to its members, including the fair allocation of common advantages and sharing of common burdens.

Jedburgh justice (jed-b[schwa]r-[schwa]). A brand of justice involving punishment (esp. execution) first and trial afterwards. • The term alludes to Jedburgh, a Scottish border town where in the 17th century raiders were said to have been hanged without the formality of a trial. Jedburgh justice differs from lynch law in that the former was administered by an established court (albeit after the fact).

— Also termed Jeddart justice; Jedwood justice. Cf. LIDFORD LAW; LYNCH LAW.

justice in personam. See personal justice.

justice in rem. See social justice.

natural justice. Justice as defined in a moral, as opposed to a legal, sense.

— Also termed justitia naturalis. Cf. NATURAL LAW.

“Although the judges have frequently asserted that a foreign judgment which contravenes the principles of natural justice cannot be enforced in England, it is extremely difficult to fix with precision the exact cases in which the contravention is sufficiently serious to justify a refusal of enforcement. Shadwell V.-C. once said that ‘whenever it is manifest that justice has been disregarded, the court is bound to treat the decision as a matter of no value and no substance.’ [Price v. Dewhurst, 8 Sim 279, 302 (1837).] But this goes too far…. The expression ‘contrary to natural justice’ has, however, figured so prominently in judicial statements that it is essential to fix, if possible, its exact scope. The only statement that can be made with any approach to accuracy is that in the present context, the expression is confined to something glaringly defective in the procedural rules of the foreign law…. In other words, what the courts are vigilant to watch is that the defendant has not been deprived of an opportunity to present his side of the case.” G.C. Cheshire, Private International Law 675 (6th ed. 1961).

personal justice. Justice between parties to a dispute, regardless of any larger principles that might be involved.

— Also termed justice in personam.

popular justice. Demotic justice, which is usu. considered less than fully fair and proper even though it satisfies prevailing public opinion in a particular case. Cf. social justice.

“Nothing is more treacherous than popular justice in many of its manifestations, subject as it is to passion, to fallacy, and to the inability to grasp general notions or to distinguish the essential from the inessential.” Carleton K. Allen, Law in the Making 387 (7th ed. 1964).

positive justice. Justice as it is conceived, recognized, and incompletely expressed by the civil law or some other form of human law. Cf. POSITIVE LAW.

preventive justice. Justice intended to protect against probable future misbehavior. • Specific types of preventive justice include appointing a receiver or administrator, issuing a restraining order or injunction, and binding over to keep the peace.

social justice. Justice that conforms to a moral principle, such as that all people are equal.

— Also termed justice in rem. Cf. personal justice.

substantial justice. Justice fairly administered according to rules of substantive law, regardless of any procedural errors not affecting the litigant’s substantive rights; a fair trial on the merits.

2. A judge, esp. of an appellate court or a court of last resort. — Abbr. J. (and, in plural, JJ.). [Cases: Judges

1. C.J.S. Judges §§ 2–7.]

associate justice. An appellate-court justice other than the chief justice.

chief justice. The presiding justice of an appellate court, usu. the highest appellate court in a jurisdiction and esp. the U.S. Supreme Court. — Abbr. C.J.

circuit justice.

1. A justice who sits on a circuit court.

2. A U.S. Supreme Court justice who has jurisdiction over one or more of the federal circuits, with power to issue injunctions, grant bail, or stay execution in those circuits. [Cases: Federal Courts 446.]

circuit-riding justice. Hist. A U.S. Supreme Court justice who, under the Judiciary Act of 1789, was required to travel within a circuit to preside over trials. • In each of three circuits that then existed, two justices sat with one district judge. See CIRCUIT-RIDING.

3. Hist. Judicial cognizance of causes or offenses; jurisdiction.

high justice. Hist. Jurisdiction over crimes of every kind, including high crimes.

low justice. Hist. Jurisdiction over petty offenses.