Justice

The constant and perpetual ity of our actions and our will to the law. Tou Uier, Dr. Civ. tit. prel. note 5. In the most extensive sense of the word, it differs little from "virtue"; for it includes within itself the whole circle of virtues. Yet the common distinction between them is that which considered positively and in itself is called "virtue," when considered relatively and with respect to others has the name of "justice." But justice, being in itself a part of virtue, is confined to things simply good or evil, and consists in a man's taking such a proportion of them as he ought. Toullier exposes the want of utility and exactness in this division of distributive and commutative justice, adopted in the compendium or abridgments of the ancient doctors, and prefers the division of internal and external justice,— the first being a conformity of our will, and the latter a conformity of our actions, to the law, their union making perfect justice. Exterior justice is the object of jurisprudence; interior justice is the object of morality. Dr. Civ. tit. prel. notes 6, 7. According to the Frederician Code (part 1, bk. 1, tit. 2, § 27), justice consists simply in letting every one enjoy the rights which he has acquired in virtue of the laws. And, as this definition includes all the other rules of right, there is properly but one single general rule of right, namely, give every one his own. Commutative justice is that virtue whose object it is to render to every one what belongs to him, as nearly as may be, or that which governs contracts. To render commutative justice, the judge must make an equality between the parties, that no one may be a gainer by another's loss. Distributive justice is that virtue whose object it is to distribute rewards and punishments to each one according to his merits, observing a just proportion by comparing one person or fact with another, so that neither equal persons have unequal rights, nor unequal persons things equal. Toul- Her's learned note, Droit Civ. tit. prel. n. 7. note. In Norman French. Amenable to justice. Kelham. In Feudal Law. Feudal jurisdiction, divided into high (alta justitia), and low (simplex, inferior justitia), the former being a jurisdiction over matters of life and limb; the latter over smaller causes. Leg. Edw. Conf. c. 26; Du Cange. Sometimes high, low, and middle justice or jurisdiction were distinguished. An assessment. Du Cange. Also, a judicial fine. Du Cange. In Practice. A title given in England and. America to judges of common-law courts, being a translation of justitia, which was anciently applied to common-law judges, while judex was applied to ecclesiastical judges and others; e. g., judex fisealis. Leg. The judges of king's bench and common pleas, and the judges of almost all the supreme courts in the United States, are properly styled "justices." "The term "justice" is also applied to the lowest judicial officers; e. g., a trial justice; a justice of the peace.

The consta nt and perpetual disposition to render to every man his due. Justinian, Inst. b. 1, tit. 1: Co. 2d Inst. 56. The conformity of our actions and our will to the law. Toullier, Droit Civ. Fr. tit. pr Cd. n. 6. Commutative justice is that virtue whose object it is to render to every one what belongs to him, as nearly as may be, or that which governs contracts. To render commutative justice, the judge must make an equality between the parties, that no one may be a gainer by another’s los.s. Distributive justice is that virtue whose object it is to distribute rewards and punishments to each one according to his merits, observing a just proportion by comparing one person or fact with another, so that neither equal persons have unequal things nor unequal persons things equal. Tr. Eq. 3; and Toullier’s learned note, Droit Civ. Fr. tit pr61. n. 7, note. In the most extensive sense of the word It differs little from virtue; for it Includes within Itself the whole circle of virtues. Yet the common distinction between them is, that that which considered posllively and in itself is called virtue, when considered relatively and with respect to others, has the name of Justice. But justice, being In itself a part of virtue, is confined lo things simply good or evil, and consists in a man's taking such a proportion of them as he ought. Toullier exposes the want of utility and exactnesir in this division of distributive and commutative Justice, adopted in the compendium or abridgments of the ancient doctors, and prefers the divisione of internal and external Justice,— the first being a conprudence; Interior Justice Is tbe object of morality. Droit Civ. Fr. tit. prdl. n. «, 7. According to the Frederician Code, part 1. book 1, tit. 3, s. 37, Justice consists simply in letting every one enjoy the rights which ho has acquired in virtue of the laws. And, as this definition includes all the other rules of right, there is properly but one single general rule of right, namely: due every one Me ovm. Justice, In the language of Webster, “Is the greatest Interest of man on earth. It Is the ligament which holds civilized nations together. Wherever her temple stands, and as long as It Is duly honored, there Is a' foundation for social security, general happiness, and the improvement and the progress of'our race. And whoever labors on this edifice with usefulness and distinction, whoever clears Its foundations, strengthens its pillars, adorns Its entablatures, or contributes to raise Its august dome still higher in the skies, connects himself in name, and fame, and character, with that which is, and must be, as durable as the frame of human society.” In Norman French. Amenable to justice. Kelham, Diet In Feudal Law. Feudal jurisdiction, divided into high (alia jmtitia), and low (simple® inferior jmtitia), the former being a jurisdiction over matters of life and limb, the latter over smaller causes. Leg. Edw. Conf. c. 26; Du Gauge. Sometimes high, low, and middle Justice or jurisdiction were distinguished. An assessment; Du Cange; also, a judicial ^e. Du Cange. At Common Law. A title given In England and America to judges of common-law courts, being a translation of justitia, which was anciently applied to common-law judges, while judecB was applied to ecclesiastical judges and others; e. g. judex flsca Ua. Leges Hen. I. §§ 24, 63; Anc. Laws & lust, of Eng. Index; Co. Lltt. 71 b. The judges of the federal and state supreme courts are properly styled “justices.” “Justice of the High Court” is the title of ^judges of the High Court of Justice in the King’s Bench and Probate, Divorce and Admiralty Divisions. The term justice is also applied to the lowest judicial officers: e. p. a trial justice; a justice of the peace.

n.

In jurisprudence. The constant and perpetual disposition to render every man his due. Inst. 1, 1, pr.; 2 Inst56. See Borden v. State, 11 Ark. 528, 44 Am. Dec. 217; Duncan v. Magette, 25 Tex. 253; The John E. Mulford (D. C.) 18 Fed. 455. The conformity of our actions and onr wlll to the law. Toull. Droit Civil Fr. tit. prCl. no. 5. In the most extensive sense of the word it differs little from "virtue;" for it includes within itself the whole circle of virtues. Yet the common distinction between them is that that which, considered positively and in itself, is called "virtue," when considered relatively and with respect to others has the name of "justice." But "justice," being in itself a part of "virtue," is confined to things simply good or evil, and consists in a man's taking such a proportion of them as he ought Bouvier. Commutative justice is that which should govern contracts. It consists in rendering to every man the exact measure of his dues, without regard to his personal worth or merits, i. e., placing all men on an equality. Distributive justice is that which should govern the distribution of rewards and punishments? It assigns to each the rewards which his personal merit or services deserve, or the proper punishment for his crimes. It does not consider all men as equally deserving or equally blameworthy, but discriminates between them, observing a just proportion and comparison. This distinction originated with Aristotle. (Eth. Nic. V.) See Fonbl. Eq. 3; Toull. Droit Civil Fr. tit. prCl. no. 7. In Norman French. Amenable to justice. Kelham.

In feudal law. Jurisdiction; judicial cognizance of causes or offenses. High justice was the jurisdiction or right of trying crimes of every kind, even the highest. This was a privilege claimed and exercised by the great lords or barons of the middle ages. 1 Robertson's Car. V., appendix, note 23. Low jfustice was jurisdiction of petty offenses.

In common law. The title given in England to the judges of the king's bench and the common pleas, and in America to the judges of the supreme court of the United States and of the appellate courts of many of the states. It is said that this word in its Latin form (justitia) was properly applicable only to the judges of common-law courts, while the term "judex" designated the judges of ecclesiastical and other courts. See Leg. Hen. I. §§ 24, 63; Co. Litt. 71b. The same title is also applied to some of the judicial officers of the lowest rank and jurisdiction, such as police justices and justices of the peace.
—Justice ayres, (or aires.)

In Scotch law. Circuits made by the judges of the justiciary courts through the country, for the distribution of justice. Bell

— Justice in eyre. From the old French u ord "eire," i. e., a journey. Those justices who in ancient times were sent by commission into various counties, to hear more especially such causes as were termed "pleas of the crown," were calied "justices in eyre. They differed from justices in oyer and terminer, inasmuch as the latter were sent to one place, and for the purpose of trying only a limited number of special causes; whereas the justices in eyre were sent through the various counties, with a more indefinite and general commission. In some respects they resembled our present justices of assize, although their authority and manner of proceeding differed much from them. Brown.

— Justice seat. In English law. The principal court of the forest, held before the chief justice in eyre, or chief itinerant judge, or his deputy; to hear and determine all trespasses within the forest, and all claims of franchises, liberties, and privileges. and all pleas and causes whatsoever therein arising. 3 Bl. Comm. 72; 4 Inst. 291; 3 Steph. Comm. 440

— Justices of appeal. The title given to the ordinary j'udges of the English court of appeal. The first of such ordinary judges are the two former lords justices of appeal in chancery, and one other judge appointed by the crown by letters patent. Jud. Act 1875, § 4

— Justices of assize. These justices, or, as they are sometimes calied, "justices of nisi prius," are judges of the superior English courts, who go on circuit into the various counties of England and Wales for the purpose of disposing of such causes as are ready for trial at the assizes. See Assize.

— Justices of gaol delivery. Those justices who are sent with a commission to hear and determine ali causes appertaining to persons, who, for any offense, have been cast into gaol. Part of their authority was to punish those who let to mainprise those prisoners who were not bailable by law, and they seem formerly to have been sent into the country upon this exclusive occasion, but afterwards had the same authority given them as the justices of assize. Brown.

— Justices of laborers. In old English law. Justices appointed to redress the finwardness of laboring men, who would either be idle or have unreasonable wages. Blount.

— Justices of nisi prius. In English law. This title is now usually coupled with that of justices of assize; the judges of the superior courts acting on their circuits in both these capacities. 3 Bl. Comm. 58, 59.

— Justices of oyer and terminer. Certain persons appointed by the king's commission, among whom were usually two judges of the courts at Westminster, and who went twice in every year to every county of the kingdom, (except London and Middlesex.) and, at what was usually called the "assizes," heard and determined all treasons, felonies, and misdemeanors. Brown.

— Justices of the bench. The justices of the court of common bench or common pleas.

— Justices of the forest. In old English law. Officers who had jurisdiction over all offenses committed within the forest against vert or venison. The court wherein these justices sat and determined such causes was called the "justice seat of the forest." They were also sometimes called the "justices in evre of the forest." Brown.

— Jnstices of the hundred. Hun-dredors ; lords of the hundreds ; they who had the jurisdiction of hundreds and held the hundred courts.

— Jnstices of the Jews. Justices appointed by Richard I. to carry into effect the laws and orders which he had made for regulating the money contracts of the Jews. Brown.

— Jnstices of the pavilion. In old English law. Judges of a pyepowder court, of a most transcendant jurisdiction, anciently authorized by the bishop of Winchester, at a fair held on St. Giles' hills near that city. Cowell-Blount.

— Justices of the quorum. See Quorum.

— Jnstices of trail-baston. In old English law. A kind of justices appointed by King Edward I. upon occasion of great disorders in the realm, during his absence in the Scotch and French wars. They were a kind of justices in eyre, with great powers adapted to the emergency, and which they exercised in a summary manner. Cowell; Blount.

v. In old English practice. To do justice; to see justice done; to summon one to do justice.

In old English law. To do justice to see justice done.

A of law court. Justices of assize: appointed sent twice every year to try causes Justices of the Bench: justices tices in Eyre: v. Eyre. Justice to hold the court Oii justice-seat the Peace: county magistrates jurisdiction; v. Quorum, Court, Delivery, Assize, Nisi Prius, titles; V. Assize, Commission.