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Values and Justice - A new Perspective
159
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political: LIBERTY of thought, expression, belief, faith and worship:
EQUALITY of status and of Opportunity: and to promote among them all:
FRATERNITY assuring the dignity of the individual and the unityand integrity of the Nation: The Nature of Judicial Process: (legal, lawful and just)
On the nature of judicial process, there is an excellent book "The Nature of Judicial Process” (1921) by Justice Benjamin Cardozo. In fact, the clarity of individual's rights, the awareness of the citizens - students', consumers', employees', tax payers', tenants’, and landlords', etc. has made everyone talk about justice and injustice. Courts, to seek justice, have become an inevitable place and in the light of this phenomena of our present day routine life, let us know what is judicial process and let us see the terms “legal”, “Lawful” and “Just”. What should a judge do when he decides a case ? Cardozo in his book, shows the circumstances in which a judge ought to continue. He considers the limit to which the judge should sack logical consistency and symmetry of legal structure. He points out the directive forces of law, philosophy (logic), history, tradition, sociology and morals and how they influence the decision. He points out the importance of social welfare in reaching the decision. He maintains that everyone of us has an underlying philosophy of life, which gives coherence and direction to thought and action. Judges can not escape that current any more than other mortals. Mr. Cardozo says that the total push and presence of Cosmos, which says that the total push and presence
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