Law is as far removed from Justice as Bread is from Butter. Two separate things but tasty when blended or taken together. A legal purpose or situation is not necessarily a just situation or purpose. Law is arbitrary and primarily defined by Man, Justice on the other hand is a natural conception and knows no man-made boundaries. Almost anything can be legitimised or legalised, all we have to do is pass a law that allows it or decriminalise it. Justice on the other hand cannot be re-invented or redefined by human actions. The basis of Justice is morality and fairness, the basis of Law is order and orderliness.
The fact that something is legal does not always make it just, and conversely, what is seen as just may not necessarily be legal. For instance, it is perfectly legal for the government to levy excessive taxes on the people, but is it just? Justice is done when a villain is arrested and convicted by the courts of law but it is illegal to try the villain again for the same offence in countries where the double-jeopardy-rule is in operation if he somehow beats the rap in the first instance!
The question then is this, which is more desirable, Justice or Law? I would say both in equal measure. Bread without butter is crusty and dry, plain and tasteless, serving only to defy hunger. Butter too on its own could be rancid and acidic. However, when you take bread together with butter, you could make for yourself a tasty toast! Justice therefore ought to be the purpose of Law.
Sunday, 10 July 2011
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