Skip to main content

Justitia (Justice Lady

                                Justitia (Lady Justice)

The Lady Justice, the symbol akin to the Legal System, its significance is deliberated in this article with an overview on justice, nyaya and Mother and Child symbol of Supreme Court of India.

        The origin may be Themis, a Greek mythological goddess, who advised Zeus after his purge of the old pantheon. A daughter of Themis and Zeus, Dike, known as a goddess of justice but not divine justice, presided over the apportionment of things among mortals, the protection of individuals and the social and political order. At times, Dike is said to be the same as Astraea. Astraea is also a daughter of Themis and Zeus and and is known as a goddess of justice. In western tradition, Lady Justice sometimes wears and carries a sword and scales. She symbolises the fair and equal administration of the law, without corruption, avarice, prejudice, or favour.

What Does She Look Like?

The Lady Justice statue is usually in the form of a woman who is standing or sitting. She is typically dressed in a toga-like robe, maybe barefoot, and her hair is either flowing over her shoulders or braided in a bun or around her head. She holds a balance, or two-tray scale in one hand and a sword in the other; usually the scales are in the left hand and the sword in the right, but this is not always so. Sometimes, she also wears a blindfold over her eyes.


The Symbols of Justice

Balance Scales: These represent impartiality and the obligation of the law (through its representatives) to weigh the evidence presented to the court. Each side of a legal case needs to be looked at and comparisons made as justice is done.

Sword: This item symbolizes enforcement and respect, and means that justice stands by its decision and ruling, and is able to take action. The fact that the sword is unsheathed and very visible is a sign that justice is transparent and is not an implement of fear. A double-edged blade signifies that justice can rule against either of the parties once the evidence has been perused, and it is bound to enforce the ruling as well as protect or defend the innocent party.

 Blindfold: This first appeared on a Lady Justice statue in the 16th century, and has been used intermittently since then. Apparently, its original significance was that the judicial system was tolerating abuse or ignorance of aspects of the law. However, in modern times, the blindfold represents the impartiality and objectivity of the law and that it doesn’t let outside factors, such as politics, wealth or fame, influence its decisions.

                 Because the meanings in each token are unstable – having the capability to change when juxtaposed with one another, creating a combined effect or exhibiting an interaction – it is important to understand how metonymic tokens work. The metonymic token can advance the critic’s reading of a polysemic text in that each whole artifact constructed of parts will consist of multiple meanings within those parts that can distinctively stand alone. Each part in itself also expands hermeneutic depth. For example, after analyzing the metonymic tokens above, notice how this approach adds precision, texture, and cultural insight to our understanding of the blindfold, appealing to the impartiality of justice to some, but also stoicism and the need for a rational society to others. We have seen also how the scales are used as a grand metaphor for an empirically driven tool that combats skepticism and the sword that forms a “double-edged” meaning that indicates a dual requirement for justice in society. These readings apart from each other – but also integrated in Justitia – show the usefulness of the metonymic token, a concept that helps us to make sense of an artifact or message that we are confronted with in our daily lives. By also expanding to the hermeneutics of MTI, we were able to make sense of interacting metonymic tokens, which have opened doors to new ways of parsing visual rhetoric.



Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree