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LAW AND JUSTICE INTERWINED
But, to define, justice, it is often mentioned that, it is a judgement based on law and is about law, but is it not true, that justice is very much a part of law? Again, it is often feared that, justice can only devolve in to an indeterminate subjectivity, in a Court of law, when it is in to determining the law. But, justice can in no way cause the replacement to law, since law is a conglomeration of facts. What the litigating parties before a Court of law explains to the judge is based on law, so justice cannot bring the replacement to law. Again, on the other hand, John Rawls’s (JOHN RAWLS'S THEORY OF JUSTICE NOTES FOR THEORIES OF JUSTICE, 2008), draws a thin line of distinction between justice and also fairness, and highlights that, justice is the most plausible and also possible derivation and the natural outcome of the procedure which is involved in decision making, when that is accepted as a fair one. But, the basic argument between the relationship between law and justice, rotates around the very fact that, justice cannot be achieved without the vehicle called law, and for pursuing that goal to be achieved, the state plays the crucial role (Benson, 1990). Though there are various views and perspectives, as to what the state actually does, since the state is not in to providing a mere protection to the people, but it does something more than that, and its existence is to create the conditions of justice, within which the people live in. The tools which are involved in a state pursuing justice, is the law which creates those obligations, which develops the very fact on which the acts and the omissions of every individuals depends upon, so that they can stay in accordance with the law and oblige compliance. On the other hand, Justice, solely rests on the conduct of the individual. As the best justified idea is that the state is in to pursuing justice, and in so doing the justice can only be pursued with the applicable laws, so the relationship which exists between the ethics to that of the justice, can only be achieved if the relationship continues with justice, ethics and also law. Immanuel Kant (Kant, 1999) while defining justice highlighted that, justice is in the requirement of every action which must be in accordance with a basic universal principle. Again, Jeremy Bentham propounded that, justice can only be consisting “of the greatest good for the greatest number” (Bentham, 1970).
As John Rawls (JOHN RAWLS'S THEORY OF JUSTICE NOTES FOR THEORIES OF JUSTICE, 2008), developed his theory of justice as the only realisation which can be achieved by making the normative choices which are so made behind the veil which depicts ignorance. So, the basic connotation formulated by the above stated eminent scholars are that each and every individual must get the benefit of equal treatment for the equal action so done by them and that must be based on the generally accepted principles. So, if this is negatively stated, it only depicts that, the concept of justice is the sole avoidance of injustice. But, if the private as well as the subjective sense of injustice, is considered to be an insufficient material then based on that the construction of the system to deliver justice is highly impossible. So, for the transformation of the personal recognition of injustice if can be argued as against the interpersonal or by the means of social justice it is in the basic requirement, that a minimum, of the process of interpretation followed by articulation is necessary as well as inevitable (Epstein, 1979). So, if the process starts at a person who is aggrieved, then that will reflect in the very statement of grievance and if formally placed within the allegations so made in a legal complaint. But to blame someone for their inactions, or for the actions they were not supposed to do is the very beginning in the process of obtaining the justice, which is quite distinct from seeking the revenge by doing something much more grave (Eisenstat, 2004). So, the process of seeking justice inculpates in to the next stage where the grievant or the aggrieved party submits the complaint to the person or someone who is having the authority to receive that. Normally, in a constitutional regime, this person to whom a complaint can be submitted is either a judge or any other appointed official, who is legally allowed and have the authority to accept that, like police. After the complaint is received, it becomes the duty of that particular person to respond accordingly to it, by following the legal procedures in furtherance to the achievement of justice, based on the legal standards so provided substantially. So, the path or rather the quest towards justice is the entailment which is in to encountering with the law and the legal system, so developed with the police, the judges, the lawyers, with each having a legal duty to perform to deliver the justice. Judgement is only the pronouncement of the judges so delivering the justice, but the actual process starts with the submission of the complaint by the aggrieved individual (Skolnick, 2011).
This is an inevitable relationship, since under this mechanism only a justice can be satisfactory, if there is the enforcement of ethics through law only, since ethics will be describing which is the best conduct for an individual, and on the same momentum, law will be providing the obligation or the duties which applies to an individual who are in to engaging themselves in to certain conducts and then only the justice can be done by enforcing those laws. Justice can then be achieved with the help of those laws, for determining the outcome, based on the performance, to ascertain whether there was a duty to be performed, and if it is positive, then the law will be applied if there is any non- performance, which will then help in delivering the justice in way or punishment or in the form of any kind of award (Butler D., 2011). It is obvious and well accepted that law forbids the homicide, so it gives rise to a duty which is ethical for not ending one’s own life or the life of others. But, still it is argued that, any law made by the government cannot be a just on, since most of the laws was seen to contradict the basic principles of natural justice (Stanlis, 2017), the best example can be of the Apartheid law (Adila Hassim, 2007), which is solely in to devolution of rights of certain individuals based on the colour of their skin, which is a sharp contrast and a strong contradiction with the basic force of the natural justice (Stanlis, 2017). Furthermore, each and every law is made on certain backgrounds, which reflects the political aspects, the sociological substances and also the historical as well as the philosophical background of that society, on which the law prevails, so it is quite natural that, law cannot be uniformly providing justice to all, since a murderer can only be punished, and on the same footing the victim who suffered the fatal will get justice, through the punishment of that murderer (Eisenstat, 2004).
Adila Hassim, M. H. (2007). Health and Democracy: A guide to human rig hts, health law and policy in post-apartheid South Africa. Siberlnk.
Avineri, S. (1968). The Social and Political Thought of Karl Marx. Cambridge University Press.
Benson, B. L. (1990). Enterprise of Law: Justice Without the State. National Criminal Justice Reference Service.
Bentham, J. (1970). An Introduction to the Principles of Morals and Legislation. London; New York: Athlone Press; Methuen.
Butler D., B. G. (2011). Justice and Law Enforcement. British Political Facts.
Eisenstat, S. (2004). Revenge, Justice and Law: Recognizing the Victim's Desire for Vengeance as a Justification for Punishment.
Epstein, R. A. (1979). Nuisance Law: Corrective Justice and Its Utilitarian Constraints. The Journal of Legal Studies, 49-102.
HOBBES, THOMAS- ‘SOLITARY, POOR, NASTY, BRUTISH, AND SHORT’. (2013). ‘SOLITARY, POOR, NASTY, BRUTISH, AND SHORT’. Retrieved from https://yalebooksblog.co.uk/2013/04/05/thomas-hobbes-solitary-poor-nasty-brutish-and-short/
JOHN RAWLS'S THEORY OF JUSTICE NOTES FOR THEORIES OF JUSTICE. (2008). Retrieved from http://philosophyfaculty.ucsd.edu/faculty/rarneson/Rawlschaps1and2.pdf
Kant, I. (1999). Metaphysical Elements of Justice: Part I of The Metaphysics of Morals, Part 1. Hackett Publishing.
Skolnick, J. H. (2011). Justice Without Trial: Law Enforcement in Democratic Society. Quid Pro Books.
Social Contract Theory. (n.d.). Retrieved from https://www.iep.utm.edu/soc-cont/
Stanlis, P. (2017). Edmund Burke and the Natural Law. New York: Routledge.
The Concept of Law, by H. L. A. Hart. (1996). Retrieved from http://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1770&context=scholarly_works
The Concept of the 'Sovereign' in Thomas Hobbes' Leviathan. (2016). Retrieved from https://owlcation.com/humanities/The-Concept-of-the-Sovereign-in-Thomas-Hobbes-Leviathan
Thomas Aquinas on Natural Law. (2014). Retrieved from http://taylormarshall.com/2014/06/thomas-aquinas-natural-law-5-points.html