28 April 2013

Day 218: Justice and Human Rights

Within this Blog I will be exploring different concepts of Justice and investigate what Justice would be in the context of upholding Constitutional Equality as What is Best for All in an Equal Money Capitalistic system. This will probably turn out to be a series rather than one blog-post. So - walk with me.

The word 'Justice' has been applied in different contexts, which can be laid out as follows:

1. Legal Justice
    a. Procedural Justice
    b. Substantive Justice
2. Moral Justice
    a. Distributive/Social Justice
        I. Justice as Entitlement
        II. Justice as Fairness

Legal Justice vs. Moral Justice

Legal justice refers to adherence to the law as a set of rules that determines part of how humans are to behave towards each other and towards the environment. Legal justice, then, as to do with the content of these laws as well as how these rules are established, applied and enforced.

Moral justice has to do with moral values of what is fair, right and correct. Moral justice then has to to with prescribing how humans ought to interact with each other and who ought to get what.

Looking at the relationship between moral justice and legal justice - it is obvious that legal justice attempts to specify moral justice in relation to specific circumstances and situations - where legal justice is the 'concretization' of moral justice. Now, what is fascinating - is that 'moral justice' is often seen as a 'fuzzy' concept, or having to do with 'fuzzy concepts' such as 'rightness' and 'goodness' - where it seems it is hard to define what those words actually entail - and yet, it is those words that serve as the basis for legal justice - where legal justice - where legal justice is the justice that is applied unto a population and is supposed to yield just results - and where it is trusted that this is what the legal system intends to do. But if we are not clear on what moral justice exactly is - then how can we assess that the legal system is in fact just?

We have in all countries and even between countries a complex legal system in place - but when the question is asked: 'but what is morally just?' - then we have to scratch our heads and we refer to the law - saying that 'well, whatever the law says'. So - we're running in circles where we are attempting to establish just and good societies, where we all have an opinion about what rules should be in place, and where each one thinks their proposed rule is the right one - but where no-one has ever stopped to sit and discuss what 'rightness' is - and where the time has not been taken to come to a definition of 'justice' that all can agree on.

Many parts of the legal system are, for instance, determined by customary law - and all that means is that legal status has been given to customs and 'how things are usually done' - this ultimately proving that we cannot trust that the legal system in any way has the purpose of justice at heart - but rather attempts to merely control transactions, interactions and individual behavior.

To be continued.
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