Wednesday 29 April 2015

Justice



What is Justice. 
Is it a term describing something which can be defined and identified or is it a philosophical term defining a sense of the wish in a society to conceptualise good from bad, right from wrong, is it in other words a moral term.

When a judge wrestles with a case trying to determine who is guilty of breaking some law he is merely referring the act of an individual to a set of common law experience. If it fits a previous case law testimony of a misdemeanour, he pronounces the person guilty. But is justice achieved.
Is Justice set in stone or does it change with both the passage of time and the evolution of the society it is attempting to judge.
Is Justice merely a concept adapted and passed down to control people since it seems to vary depending on who is being tried. Of course it may be that the mechanism of the law and the performance of the trial do not reflect the philosophical meaning of Justice. The trial has two components, the Prosecution and the Defence, each striving for different ends and each interpreting justice for their client differently.
Do the "Ten Commandments" give us a template for justice. "Thou shalt not" is a direct instruction from God and therefore carries weight at least for the believer and interestingly, for the non -believer also. Most law abiding citizens would agree (a)'thou shalt not kill, (b) thou shalt not steal, (c) thou shall not covert, maybe even (d) thou shalt not bear false witness, but (e) honour your mother and father (particularly in a single parent arrangement or the surrogate parent or the genetically adapted parent, and heaven knows where we go from here) ? (f) You shall have no other God but me is a no no in this agnostic society, (g) you shall not make idols (is money and assets included), (h) you shall not take the Lords name in vain (ditto agnostic) and finally, (i) remember the Sabbath (Tesco put paid to that concept)
No the concept of Justice goes deeper than that, it lies at the very essence of what we value as human beings. It's an attempt to describe how we interrelate as human beings and emotionally provides us with an image of how we should behave towards each other.
"Do as you would be done by" is the essence of it, a set of rules that give us guidance in our affairs with others.
Is this concept universal or do we value others differently in other societies. If that's the case then our concept of justice is bound by our concept of others which as we know differs in other societies. Therefore do our judgements on justice have to be weighed against a whole range of considerations and the surety we have to judge anyone has a serious flaw.
The specific case law is peculiar to the society it was compiled in, can it be used as a totem for other people who have different values 'intrinseque' to their society.
So we are back to the question does Justice have a definition that is good for all societies ?Plato's concept of "The Theory of Forms, that real mind independent entities exist, things like Justice, Good, Beauty, the Triangle, Blue they exist, they are timeless, stable, perfect, unchanging, intelligible things. "Forms" or hooks to hang our knowledge on. We build our everyday commerce both business and social on these fundamentals but other than we believe there is such a thing as Justice how can we define its root.

Answers in a no more than 500 word email please !!

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