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Snr software engg. Law and Justice HOW FAR WOULD YOU AGREE THAT THE PRINCIPAL
OBJECT OF THE LAW IS THE PURSUIT OF JUSTICE? To determine ...
Submitted by mhombal on May 30, 2006
Category: English
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Law and Justice
HOW FAR WOULD YOU AGREE THAT THE PRINCIPAL OBJECT OF THE LAW IS THE PURSUIT OF JUSTICE? To determine the significance of justice in any legal system it is necessary to identify the two central issues, which have to be taken into consideration when discussing law and justice. The first is the theoretical differences on the definition of justice and secondly; the law has been lined with many other objectives. Certainly there is a connection between the ideas of law and justice. For instance, we talk of courts, judges dispensing justice, civil and criminal justice, and the miscarriages of justice which have arisen. We expect the legal system to promote justice yet we do not have a clear understanding of what the term justice means. Like many concepts in legal and political philosophy, it is capable of being used in many different ways. It can refer to simple vengeance as for instance the Old Testament rule of an eye for an eye or it can be termed as being something more complex. This has been done by various theorists, one being Aristotle the philosopher. His view was that justice may be equated with fairness which takes on two forms, Distributive and Corrective justice. Distributive justice as the name suggests is concerned with the equal distribution of goods in society and ensures that all imbalances are corrected. It is concerned with the fairness in the content of the law. A legal system, may be fair in the sense that the laws are applied in accordance with the rules, but it may not be a just system if the rules themselves are unfair. For example, a legal system supporting slavery may be meticulous in treating slaves alike but we would not call it just because the idea of slavery is considered to be unjust. Communicative justice is concerned with the fair application of rules. (This can be associated with the concept of natural justice, which will be discussed further later.) This is illustrated in the case Ridge v Baldwin (1904)...
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