Law is a means to an end

[yogesh saxena]

Law is a means to an end
Justice is the end of government just to enjoy
the peace of mind. Law is a means to an end. The essence of law is
duty. It is a result of constraint struggle; an struggle of conflict
with a view to attain peace and order. Law is the guaranty of
condition of life in society assured by the state‘s power constrain.
Thus the legal institution may provide the stability in the political
sphere ,if we start thinking in the process of rectification of the
present problem enunciated by theoretical approach and by the correct
analysis of the sociological jurisprudence to promote sociological
study in connection with the legal study is the fundamental right for
preparation of legislation , which may improve by intelligent effort
discovering the best means of furthering and directing such efforts .
Thus it is very essential to learn the basic principle of
jurisprudence and adopt a positive approach for imparting the justice
to the individual litigant in the society.
Jurisprudence means systematic knowledge of
the law .It is known as science of law Thus the jurisprudence may be
considered to be systematic arrangement of the principle of the law
the principle of the law, the principle duly recognised or enforced by
the public and legal institution in the administration of the
justice .The general rule of external human action enforced the
sovereign political authority in the common law . Jurisprudence is
concerned with fundamental conception , the sovereignty does not
reside in the legislatures or executives ,but in the total aggregate
of persons , who are members of state and are primarily represented by
the existing body of electors. The instrumentality of sovereign is
endowed with powers to be exerted with on behalf of the legislature
cannot invoke the sovereign power of the people to override their
will . Thus the sovereignty is vested in the people and not with the
government to exercise their sovereign powers . If the government
ignores the protection of social interests of the people then it has
no authority to discharge its sovereign powers. Thus one has to find
that the sovereign power is exercising its functioning in the ultimate
interest of the people , which may attribute sovereignty to that
entity .
Jurisprudence is the eye of law. It is
innovation of the legal invention for protection of Human behaviour,
which maintain intense relationship for advancement of mankind . Thus
the jurisprudence is the wisdom of law , which is the ultimate purpose
in pursuit of the advancement of Human conduct , If we are not aware
with the realities of the life and the problems of the society , we
may not be discharging the duties of sovereignty . The legal
institution may not serve its purpose if other considerations have the
over riding effect and there after the habitual obedience from bulk of
human society will completely be vanished . Thus there should be the
attempt to change the law within a reasonable living stream , but it
may not become stagnant pool of conflicting precedents. If the subject
of the law is the science of the man to the political ethics , the
legislation may perfectly regard to discharge its duty in the
strictest sense The science is not limited to the study of external
conduct. Thus the first requirement of law is to correspond with the
actual feeling and demand of community . The guardian of the law have
made no serious efforts to curb the number of cases and they could not
be worked out inspite several assurance of the Hon’ble Court.
The legal Institution of the knowledge of
jurisprudence and the social requirement of imparting justice to the
litigants requires that the exercise of the judicial precedents may
not be top harror and unconscionable as it may loss site from the very
basis for which the law is meant for we cannot confine ourselves to
the formal legal; materials ,but we have to go beyond to find out now
people actually live in the society . The centre of gravity of
legal development lies not in legislative nor jurist’s science nor in
judicial decision but in society itself . If we want the real law
regulating the people , we have to become aware with the hardships
suffered by the litigant people and for now the same is being is
ignored as what is in actual practise governing the relations of the
employer and employee , some limit has to be drawn because otherwise
jurisprudence will dissipate its energy over too widen area .
when the Hon’ble Court found the lapses and
dereliction of the duties on their part , the justice cannot be given
to the delinquent ,simultaneously for frivolous litigation should also
dealt with exemplary cost against the fraudulent litigants as fraud
and justice never dwell together and fraud and deceit defend or excuse
no man .The Hon’ble Supreme Court in the cases of S.P.Changalvaraya
Naidu (dead) by L.R Vs Jagan Nath (dead) by L.R repoted in A.I.R 1994
S.C 853 ,inre, Indian Bank Vs M/s Satyam Fibres J.T 1996 (7)S.C. 265
and in the case of Municipal Corp. of Delhi Vs Kamla Devi A.I.R 1996
S.C page 1733 has dealt with this aspect and found such proceedings by
way of sharp practice , which are designed to abuse process of law and
impose exemplary cost against the litigants . It its the need of the
time the very public office should have its accountability in respect
of discharging its legal obligations and for that purpose , there
should be the appointments of the officers and the legal experts
instead of leaving the matter to the discretion of the administration
only then the justice may be realised to the individuals from the
courts of law. Mankind must either give themselves a law and regulate
their life by it or live no better than to limit natural liberty of a
particular man such a manner as they might not hurt anyone. A herd of
wolves is quieter and more reasonable than the mob for one reason or
other.
The importance of the justice is the wisdom of
the law , as the law is without doubt a remedy for greater evils , yet
it brings with it evils of its own . The object of the criminal
justice may be referred from the angle of its implementation in the
society . The deterrent aspect ofd the punishment is to protect
society .According to Hindu Mythology penalty keeps then people under
control , penalty protects them , penalty remains awake when people
are asleep , so the vice have regarded the punishment as the source of
righteousness. The preventive aspect concentrates on the prisoners to
prevent them for offending again in future . The retributive theory is
considered to allow the victim to take the revenge . Plato was the
supporter of his theory to quote him ; “ If justice is good the health
of soul as in justice is its disease , chastisement is its own remedy”
Judicial punishment are serve as a mean ---- good for the society .
Everyone gets what is his due according to his deeds. The re-
affirmative theory with the object to bring the moral reform of
offender which unfortunately has been adopted as that of criminal
justice has assume undue prominence on the other aspects of the
criminal justice . This is the reason why the crime has now
perpetuated in every sort of walk of life.
Let us examine the actual purpose
of the legal institution in the context of providing justice to the
individual .Society has now emerged with a complete deteriorated
conditions of life. The existence of the individual citizen is on the
stake in every walk of life . If we forgot the realities and start
building the new structure on the basis of hypothetical
presumptions ,we are bound to fail in administrative of justice .