Thursday, November 7, 2019
What evidence is there of the pursuit of justice essays
What evidence is there of the pursuit of justice essays Justice is something that we all want from a Law and believe should be an integral part in any legal system. However, the meaning of Justice is very difficult to define. There are many aspects of justice that we may question about; i.e. is a particular law just? Is the legal system just? Much of the issue of justice is very controversial and raises questions such as whether the combination of Law and system produce a just result? Justice has a definition as follows: The quality of being just or fair, the act of determining rights and assigning rewards or punishments Websters dictionary. This definition of Justice is vague and will be discussed further. One must take into account that the issue of justice also has other elements drawn into it: i.e. morality and justice. This illustrates that the law has been attributed with many objectives. These objectives are culminated from theoretical perspectives such as Positivism v Natural Law, Utilitarianism, Marx and Rawls. Other objectives associated with the Law and Weber, Durkheim, Llewellyn and Devlin debate justice. These theorists bring greater depth of explaining the significance of the objectives of Law in the English legal system, and also emphasises on how justice is expressed. For example, justice can be inherently linked to moral obligations in which the theorist Devlin lays down this view. We can further discuss the significance of the objectives; the theory of Natural Law. It is based on the idea that there is a divine source of Law, which is superior and based on moral rules, and that therefore Law and morality should absolutely reflect each other. The logical extension of this view is that the Legal rules of a country can be broken if they do not conform to moral Laws, a view that was favoured by St. Thomas Aquinas. This theory of Natural Law can be contrasted with Positivism. Natural lawyers conflict with positivist thinkers who believe that if the Law is ...
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.