Does nuisance law reflect well notions of corrective, distributive and Essay

Does nuisance law reflect well notions of corrective, distributive and retributive justice - Essay Example In a more sophisticated view, nuisance in accordance with English law can  generally be separated into two kinds of torts a) private nuisance, where the dealings of a respondent are becoming a cause to obstruct the usage of land or its bounties to be enjoyed unreasonably b)  public nuisance where the respondent’s doings are becoming a cause of inconvenience to the life of Her Majesty’s subjects. In the eyes of the law of the land, the public nuisance is also considered as an offense. The tort law allows the claimant to enjoy their right to provide evidence that the respondent’s doings are causing obstruction unreasonably. In fewer situations, the intention of the respondent should be taken into consideration. The question at this point of time comes in the minds of general public that what is the difference between the public nuisance and the private nuisance. ... We may find in the books of laws more comprehensive theories on the principals of justice, which by all means are important factors to provide justice at the doorstep of a victim and aim at to create harmony and brotherhood in the civilized society. According to John Rawls statement, â€Å"Justice is the first virtue of social institutions, as truth is of systems of thought†4. Branches of Justice It ensures justice is not done but seems to be done. Introducing punishment for the violators against their crimes plays an important role in reducing the crime rate in the society. Until and unless exemplary punishment is given to the criminals, no society can claim enforcement of law and order situation in the country. Under the mentioned scenario, the justice can be segregated into following segments: Corrective Justice Corrective justice at first integrates the positions of the petitioner and the respondent. The injustice done by the respondent and suffered by the petitioner at th e hands of defendant forms a solo juridical event in which each stakeholder participates in the presence of the other. In accordance with corrective justice, liability normally relates to either of the participants, which are in isolation from the other. Take the example, of the defendant, which is being subject to economic benefits or it is possible to ensure compensation to the petitioner’s loss. However, there is another alternate for stakeholders to settle their disputes out side the court purview5. Secondly, corrective justice provides an opportunity of ratification both for the petitioner and the defendant. The responsibility of the court is to examine the case minutely before announcing the judgment