JUSTICE. The constant and perpetual disposition to render every man his due. Jus tinian, Inst. b. 1, tit. 1 ; Coke, 2d Inst. 56. The conformity of our actions and our will to the law. Toullier, Droit Civ. Fr. tit. prbl. n. 5.
Commutative justice is that virtue whose object it is to render to every one what be longs to him, as nearly as may be, or that which governs contracts. To render com mutative 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 punish ments 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 un equal persons things equal. Tr. of Eq. 3 ; and Toullier's learned note, Droit Civ. Fr. tit. prel. 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 distinc tion between them is, that that which considered positively and in itself is called virtue, when con sidered 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 snob a propor tion of them as he ought.
Toullier exposes the want of utility and exart_ ness in this division of distributive and commuta tive justice, adopted in the compendium or abridg mente of the ancient doctors, and prefers the divi sion of internal and external justice,—the first being a conformity of our will, and the latter a conform ity 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. Droit Civ. Fr. tit. pre. a. 6 et 7.
According to the Frederioian Code, part 1, book 1, tit. 2, s. 27, justice consists simply in letting every one enjoy the rights which he has acquired in virtue of the laws. And, as this definition in cludes all the other rules of right, there is properly but one single general rule of right, namely : Give every one hie own.
In Norman French. Amenable to jus tice. Kellm, Diet.
In Feudal Law. Feudal jurisdiction, divided into high (alto justitia), and low, (simplex, inferior justitia), the former being a jurisdiction over matters of life and limb, the latter over smaller causes. Leg. Edw. Cunf. c. 26; DuCange. Sometimes high, low, and middle justice or jurisdiction were dis tinguished.
An assessment, DuCange ; also, a judicial fine. DuCange.
At Common Law. A title given in Eng land 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 fiscalis. Leges Hen. I. N 24, 63 ; Anc. Laws & Inst. of Eng. Index ; Coke, Litt. 71 b.
The judges of king's bench and common pleas, and the judges of almost all the su preme courts in the United States, are pro perly styled "justices." The term justice is also applied to the low est judicial officers : e.g. a trial justice ; a jus tice of the peace.