Introduction
Legal justice is the impartial application of laws by the state through the courts, aimed at the public interest and respect for rights. Popular justice, on the other hand, is a judgment—often spontaneous and informal—rendered by the people or a group, acting outside established procedures. It sometimes emerges to compensate for delays or inefficiencies in the formal justice system, but it risks devolving into vengeance and violence. Legal justice is institutional, based on law, whereas popular justice is extralegal, based on opinion or direct action.
Legal or State Justice
Legal justice is the formal, institutionalized system of rules and regulations established and enforced by the state or a government authority to maintain order and ensure the common good. Foundation: It is based on positive law, a set of written laws adopted through defined procedures (Constitution, codes, etc.). Neutrality and Impartiality: Decisions are rendered by competent legal bodies (judges, courts, magistrates), who are expected to be impartial and apply the law equally to all citizens. Procedure: Legal justice follows strict procedures, ensuring the right to defense, examination of evidence, and the possibility of appeal (procedural fairness). Objective: Its purpose is to correct injustice, sanction wrongdoing according to the law, prevent recidivism, and restore social order—not personal vengeance. Legitimacy: Its legitimacy derives from social consent to the authority of the state and the legal system it enforces.
Popular or Private Justice
Popular justice is a form of private justice not recognized by law, where judgment and often sanction are issued by individuals, a group, or the community outside competent legal bodies. Foundation: It is often based on customs, traditions (such as the dina in Madagascar), or a subjective sense of injustice in response to delays or dysfunctions in the formal judicial system. Partiality and Subjectivity: It is often exercised in a biased manner, influenced by collective emotion, anger, or a desire for revenge, with no guarantee of impartiality. Procedure: There is no formal procedure, and “judgments” can be hasty, violent, and arbitrary. Objective: The goal is often immediate satisfaction of the victim’s or community’s desire for punishment or revenge, rather than reintegration or the long-term common good. Legitimacy: It has no legal legitimacy and is generally considered illegal and punishable under positive law, potentially leading to violence (torture, assault, etc.).
Conclusion
In summary, legal justice is an institutionalized, objective, and procedural system, while popular justice is direct, subjective, and often violent, operating on the margins—or even in opposition—of the established legal framework. It is therefore crucial that legal justice be adapted to the realities of populations to better meet their needs.
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