Essay on Justice

Essay on Justice

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Essay on Justice

‘Justice is such an elusive concept that it hardly seems worthwhile
for a legal system to strive to achieve it’.



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’ Webster’s 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, wh...


... middle of paper ...


.... The Discrimination Law could also prove to be
a problem as it only protects certain categories. For example, other
religions apart from Christianity are not approved within the Legal
system.

Although the Law seems to adopt some positivist aspects such as
parliamentary sovereignty and separation of powers, we should look up
to the legal system in a optimistic way as justice is clearly an
aspiration of the Law as evidenced by the symbol of the ‘weighing
scales’. It is also evident that the Law is adhering to the natural
law as the European Convention of Human Rights have been implemented
so this shows that there is a shift from strands of positivism to
principles of the natural law. This helps society to enforce their
views as a whole and also helps elevate justice as one of the
principle object of practical Law.

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