Free Essay

Law and Justice

In: English and Literature

Submitted By alexsempecs
Words 655
Pages 3
Law and Justice
Law and justice are two words that are both difficult and easy to understand. The word law is defined by a system of rules that is shown to help govern behavior. The word justice exact definition is behavior or treatment. It is hard to grasp the meaning of these words due to the fact that they are huge topics. These words define our government and the way we are treated. Law and justice are recognized by society because they are what run the government, without laws we would have no rules or boundaries that need to be followed. The same goes for justice, without justice, we would have complete mayhem because there would be no consequences for wrong behavior. Socrates is the one philosopher that I disagree with. His theory is that we must accept punishment unconditionally. I disagree with this due to the fact that sometimes people get wrongly convicted, we need justice to help these wrongly convicted people have what they deserve, which is freedom. When someone who is wrongly convicted goes to court they are often let go if they did not convict this crime. This may have worked in when Socrates was convicted but since his charges were exaggerated he should have had a reduced sentence. Instead Socrates believed that he must except the punishment from the state (Athens) because he had benefits that Athens provided him, he could not defy the state’s judgement because if he did he would be defying the democratic standards he had taken advantage of. This would not have worked in today’s society because if someone is convicted they go to court. If they are proven guilty during countless of court dates then they have to take the consequences of their actions- considering the fact if they actually committed the crime or not. The one philosopher I agree with is Thomas Hobbes. His theory was to create a social contract between people and the state they lived in. In Hobbes’ theory he refused to believe the concept of God, this is because he did not think it was right to think that the spiritual element resulted in the existence of the monarchy. I agree with this concept not because I don’t think that the spiritual element has anything to do with laws and justice. This idea worked because then people would really see their consequences if the did something wrong breaking their contract with the state. Thomas Hobbes thought that it was a good idea to “create laws with the intention of bettering the human state”. Laws should be created because they keep us in order and can help us feel and be safe. I think that we should create more higher punishment on more severe crimes to enforce good behavior and lower the crime rate. True justice can be found if our law enforcers spent more time trying to help innocent people have freedom when wrongly convicted. In our justice system there needs to be higher punishements for more severe crimes, such as murder and rape. I think law and justice are both corrupt because when you go to court you are appointed a judge and jury for your case, this judge and jury pretty much decide your fate. Society is overlooking right and wrong. This is because everyone is focused on “my rights” but they don’t remember that their rights mean nothing if no one else has them.
In conclusion I have decided what philosopher I agree with and what philosopher I disagree with. I disagree with Socrates for his theory of accepting the law unconditionally. I agree with Thomas Hobbes for his idea for the social contract. My philosophy differed from the philosophers I focused on. This is because I focused more on the law enforcers. The philosophers focused more on the citizens of the state. Furthermore, my philosophy focused on the laws not the citizens of the state.…...

Similar Documents

Free Essay

Justice

...influence on a criminal justice organization, be it the formal or informal organization of the governing area. The answer to this is not a black or white issue. There are factors involved as to what demographic region holds the system in place, what ethnicity this involves, and the cultures and practices of the region. Many times these systems often will exist together as part of a coalition depending on the area where they are found. If the area is more rural, often the informal system will prevail. If the area is more urban, it is decisive to say the formal system will be the one to dominate. In the area of informal systems, there are mostly morals and ethics involved and the enforcers tend to be tribal heads or clergy leaders in the community. The formal organizations, however, will have more official leaders in the governing capacity and will be responsible for making and carrying out the rules and laws set forth by the governing entities. The end, and most important, product of an informal or formal system is the ability of the law to be implemented and for the citizens to respect this law as it is carried out. This is crucial for societal homeostasis and civility. Whether the area is urban, rural, or a mixture of the two, the law must be followed and lawbreakers must be reprimanded as mandated. This will ensure stability for the rest of the society. References Informal Justice. (2004, May). Retrieved......

Words: 267 - Pages: 2

Premium Essay

Justice

...Leilani Stertz Jane Zunkel Writing 121 29 April 2013 Justice The word justice evokes passion in the people who speak it but what is Justice and where did it come from? Justice is a noun and the word has origins in Middle English, from the Anglo-French word justise, further in Latin justitia, from justus. The current definition according to the Merriam-Webster Dictionary is: 1(a) The maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishment. (b) Judge (c) the administration of law; especially the establishment or determination of rights according to the rules of Law or equity. 2 (a) the quality of being just, impartial, or fair (b) 1. The principal or ideal of just dealing or right action. 2. Conformity to this principal or ideal: righteousness. (c) The quality of conforming to law. 3. Conformity to truth, fact, or reason: correctness. Justice can only be satisfied through law, legislation, and impartial judgment. Without justice a society cannot survive. In modern society the very system who decides how to serve justice is the only system not ruled by it. (Merriam-Webster ) In 1215, a document giving birth to the English legal system, which grants rights to 'freemen' or non-serfs, was enacted. The Magna Carta limited the power of King John and provided legal securities only allowing prosecution through the 'Law of the land'. "No free man shall be seized or imprisoned,......

Words: 1320 - Pages: 6

Premium Essay

Justice

...WHAT IS THE PLACE O F CORRECTIVE JUSTICE IN CRIMINAL JUSTICE? BY SIMON CONNELL* I. WHY ASK "WHAT IS THE PLACE OF CORRECTIVE JUSTICE IN CRIMINAL JUSTICE?" Traditionally, "justice" in criminal sentencing has been concerned with allowing society to respond to the offender's criminal wrongdoing by providing punishment, deterrence and denunciation. Corrective justice, the notion that a person who wrongfully harms someone else should put that harm right, has traditionally been associated with compensation and the civil law. Compensation has. increasingly become a function of the criminal law in New Zealand, bringing with it the philosophical baggage of corrective justice. A key part of the traditional notion of "justice" in criminal sentencing is that the offender's penalty should be proportional to their wrongdoing. This is refiected in the "totality principle": that the totality of the offender's penalty should refiect the totality of their wrongdoing.' For corrective justice to be done, the offender^ must provide compensation to the victim that makes up for the harm that has been caused, not compensation that is proportional to the offender's wrongdoing. However, a morally repugnant act can result in minimal loss, while a far less blameworthy act can result in catastrophic loss. As the Royal Commission of Inquiry into Personal Injury in New Zealand' puts it: "Reprehensible conduct can be followed by feather blows, while a moment's inadvertence could call down the heavens."...

Words: 6329 - Pages: 26

Premium Essay

Justice

...|[pic] |SYLLABUS | | |College of Criminal Justice and Security | | |CJA/374 Version 3 | | |Juvenile Justice Systems and Processes | Copyright © 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This course is a general orientation to the field of juvenile justice, including causation theories and the development of system responses to delinquent behavior. The problems facing juveniles today are addressed, and adult and juvenile justice systems are compared, including initial apprehension, referral, and preventive techniques. Specific issues examined include chemical dependency, mental illness, and compulsive and habitual offenders. Special attention is given to the problems inherent in the police handling of juveniles and the function of juvenile courts. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the......

Words: 2517 - Pages: 11

Premium Essay

Law and Justice and the Rise of Civilization

...Law and Justice in the Rise of Civilization Individual city and states began to unite under common leadership. To create a perfect empire is a challenge task to those who attempting the task. To conquer and control the new empire come up with its own problems. In order to reach a perfect society , Ruler must aware that the key to the success is the code of conduct or the law to govern his or her society. Justice is essential to regulate peaceful and tranquil society. To solve this issue , most rulers from the past enacted laws with brutally consequences for the culprit. The Code of Hammurabi was written by Hammurabi , the Ruler of Babylonian Empire (1795-1750 BCE), which was a code of conduct for citizen of this empire to follow. It was carved on a large stone and clearly shown the cause and the consequences of an action led by a person. He was intend to bring the virtuous in to his land and eliminate all the iniquitous people from the land. The Writings of Master Han Fei was a writing of Master Han Fei , a Chinese Philosopher (280-233 BCE), that express his idea of Legalist thinking. Which later guided the customary of Qin Dynasty’s Shihuangdi. The basic principle is based on the equality of the people. “High and low would have no distinction”, The right is to bestow rewards and the wrong is subject to be condemn. Both sources have the similar thought of bringing an empire to a righteous state by enact a harsh law. In the Code of Hammurabi , Laws are......

Words: 492 - Pages: 2

Premium Essay

Juvenile Justice Case Law

...Running Head: Juvenile Justice Juvenile Justice Case Law Capella University PSF5372 - History of the Juvenile Justice System Introduction Approximately 12, 8-10 year old children commit suicide every year because they are victims of bullying, whereas 1.3 million children a year bully others. Recent incidents of school violence have brought bullying to the nation’s attention in a dramatic way. Research shows that approximately 30% of teens in the United States either bully, are targets of bullying, or both (National Youth, n.d.). Some bullies attack their targets physically, which can mean anything from shoving or tripping to punching or hitting, or even sexual assault. Others use psychological control or verbal insults to put themselves in charge (Hurst, 2005). Two of the main reasons people are bullied are because of appearance and social status. Bullies pick on the people they think don't fit in, maybe because of how they look, how they act (for example, kids who are shy and withdrawn), their race or religion, or because the bullies think their target may be gay or lesbian. One of the cases associated with bullying is that of Megan Taylor Meier (November 6, 1992 – October 17, 2006) an American teenager from Dardenne Prairie, Missouri, who had committed suicide by hanging three weeks before her fourteenth birthday. Meier attended Immaculate Conception Catholic School in Dardenne Prairie, with a uniform and policy against makeup and jewelry that the......

Words: 1290 - Pages: 6

Premium Essay

The Certainty of Punishment in Law for the Pursuit of Justice in Antigone and Measure for Measure

...The Certainty of Punishment in Law for The Pursuit of Justice in Antigone and Measure for Measure The concept of justice hinges on the beliefs of any given individual, human influences must always ultimately crumble and be brought to justice in the face of what is morally correct and divine. Punishment, conflict and pursuit of justice are major themes in both Sophocles Antigone and Measure for Measure. Antigone is laden with violent imagery; countless arguments causing conflict between Antigone and Creon as well as Creon and Haemon; and the blatant violence of the various murders and suicides present in the play. Moreover in Measure for Measure, is the conflict between justice and mercy, and whether justice and punishment would be served through strictly following the law or by showing mercy. "The law is strong, we must give in to the law in this thing, and in worse. I beg the Dead To forgive me, but I am helpless: I must yield”. (49-51) Why are Punishment, disagreement and pursuit of morals such a strong theme in both of these ancient works? Both Sophocles and Measure for Measure William Shakespeare lived in more primitive times when there were weakly enforced written laws concerning justice and fair play. The common solution for most problems were along the lines of "an eye for an eye, a tooth for a tooth" which were better represented in Sophocles Antigone than in Measure for Measure, retaliation were definitely used as a method of justice. When Antigone buries her......

Words: 2123 - Pages: 9

Premium Essay

Justice

...number of players who have an integral role in the criminal justice system, such as mental health workers, probation officers, jurors, and so on. The defense attorney, prosecutor, and judge are three of the most important positions involved in this process. The roles of the prosecutor, defense attorney, judge, and other members of the court are examined. You learn about the options that judges consider when determining punishment. You also explore the premise of determinate and indeterminate sentencing and how it affects the actions of the court. The differences between the federal and the state courts and between adult and juvenile court systems are another important aspect of this week. You discuss the various steps during the pretrial process, jury selection, and trial, as well as the process of plea bargaining and its value in the criminal justice system. Discussion of a Key Point, Thread, or Objective While reading the assigned chapters, consider the rights of the accused, such as the right to a speedy trial, legal counsel, and the right to know the charges. How do these rights factor into how the accused is treated? The accused has a right against excessive bail. Those with the ability to post bail are often released from custody until they are required to appear for trial. How does this practice appear to be unfavorable to those who cannot afford bail? Consider the requirement of equal treatment under the law. Think of the challenges that the system has......

Words: 682 - Pages: 3

Premium Essay

Justice

...We Want Justice Right Now CJUS1403B-13 Andrew Crowther August 24,2014 When possible most Americans like Crime Scene Investigators (CSI) it has become a favorite past time on T.V. The actors tendency to seduce our minds. Later people say, “Wonder what was he thinking about?” .The criminal justice system is now considered a sexy career choice. The academic purpose of the paper will be to examine topics like; Justice, how you must interrelate with others, and how court systems differ . To give a definition to justice personally is the art of all things being equal for everyone. To speak of a word used so universally. Justice is a word with many meanings depending on who you are. According to Collins, a writer of an English Digital Dictionary, He believes it can be called, “ Righteousness, equitableness, or moral rightness.” To go on and speak with others, there are even some definitions of what justice really is. My son is an inmate of the justice system. Do not why he use words like corrupt and bad attitudes. I am not sure of what happens as to why so many young men do not have any positive ways to describe what about justice. Ebony Magazine July,2014, talks about an article titled Injustice for all. They write,” New book reveals harsh penalties and racial inequities in America’s juvenille ...

Words: 889 - Pages: 4

Premium Essay

Justice

...The three stages of Justice Justice is where the good reap rewards, the bad reap punishment. Justice can be split into three major categories: political, personal, and supernatural. Social justice includes the legal system, personal justice is where a ones own ethics, and supernatural justice is like karma. Webster's dictionary describes justice as "The administration of law; especially : the establishment or determination of rights according to the rules of law or equity." There are two influential people who argue opposite ideas and opinions on this. Sandel who believes justice is more “distributive” than punishing. While Immanuel Kant, proposed a different approach he stated that human beings should be respected because they can reason with others. Sandel does not believe there should be a political decision on justice because when there is free economic practice where both the buyer and the seller benefit this would allow for prostitution, buying of votes, and immigration. “First, individual rights cannot be sacrificed for the sake of the general good, and second, the principles of justice that specify these rights cannot be premised on any particular vision of the good life. What justifies the rights is not that they maximize the general welfare or otherwise promote the good, but rather that they comprise a fair framework within which individuals and groups can choose their own values and ends, consistent with a similar liberty for others.”(sandel) Kant concluded......

Words: 574 - Pages: 3

Free Essay

Justice

...“Justice that love gives is surrender; justice that law gives is punishment” - M.K. Gandhi It is said that Justice is truth in action. Justice should always be for both the parties. But how is it possible to satisfy this notion, when justice changes its definition with different perceptions. As Mahatma Gandhi points out, that the perceived justice will alter with the changing reasons and the events inducing it. First of all, the idea of fairness and justice will vary with situations, because of the individualism prevailing in this world. No one will accept and react to it, in the same way. For this purpose, we need to dwell into the idea of willingness and trust. In a country like India, where majority of people believe in Karmic justice, the phenomena of getting tangible compensation, in return of intangible loss, is hard to digest. The victim is of love or law, their faith in the judgement will decide the verdict. If there is no trust, no punishment to the charged, will satisfy them and for them injustice will prevail. It is believed that there are three truth of every situation - one that „you‟ perceive, one truth that „I‟ believe and the truth that is visible to the world i.e. the „Universal Truth‟. It is important for the latter to be fiercely visible to all and then justice is given. When a person is in love, he willingly trusts the judgement or rather to say the cause. And once there is readiness and acceptance, nothing else matters. Many......

Words: 601 - Pages: 3

Premium Essay

Discuss the Meaning of Justice. Discuss Whether the Law Achieves Justice and Whether It Should Seek to Do so.

...This essay shall discuss initial the meaning of justice then I shall discuss whether the law achieves justice and whether it should seek to do so. Justice has been traditionally defined through its reference to the Latin maxim suum cuique tribuere its means to allocate each to their own. Many theories have been formed to try to define their own personal form of justice, an example being Aristotle who was a Greek philosopher who made the original distinction between distributive and corrective justice which remains relevant to this day. Distributive Justice concerns the correct distribution of wealth and privilege between the members of society. Aristotle argued that there should be a proportionate distribution of such goods and burdens but he did not mean by this that there should not be an equal distribution of goods and burdens. Also stating that some people of limited capacity were unable to obtain or appreciate the good life, and therefore argued that those people should act as slaves to support others in society. In today’s issues a distributive justice issue would be known as a matter of politics. It could be said that the current law system incorporates Aristotle’s theory through section 18 and section 20 Grievous Bodily Harm (GBH). To be guilty of section 20, one must either be ‘reckless’ or ‘intend’ some harm, in some cases this poses a possible 5 year sentence. In great contrast to this is section 18, where a defendant must have ‘intended’ really serious harm and......

Words: 454 - Pages: 2

Free Essay

Law and Justice

...Law and Justice THEORIES OF JUSTICE Plato In Plato’s major work, The Republic, he used Socrates as a mouth piece to develop his on view of justice. Socrates outlines his, i.e Plato’s view of justice both for the individual and for society. Dealing with the man first; a man’s soul has 3 elements: 1. Reason 2. Spirt 3. Appetite or desire A man is just when each of these three elements fulfils its appropriate function and there is a harmonious relationship between them. Within society there are three groups society is just hen each class fulfils its appropriate function and there is a harmonious relationship between them. Therefore Plato viewed justice as harmony between the warring elements. Distributive Justice This is concerned with fairly shaking the benefits such as money, property, family, takes and civic duties of life within an organisation. Aristotle Aristotle stressed the need for proportionality and achieving the middle ay and a proper balance between extremes. He said a ‘just state’ ill distribute its wealth on the basis of worth (merit) therefore giving to each according to their virtue and contribution to society. He stated there was a need for corrective justice to ensure that individuals can keep what they are entitled to. The role of the court is making sure the offender does not benefit from his crime ad victim does not suffer loss. In this sense, the balance or ‘middle way’ is achieved. Thomas Aquinas Illustrated his view......

Words: 1497 - Pages: 6

Premium Essay

Justice

...1. Social justice and equity is more important than economic justice and equity. Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being Defining Social Justice Social justice encompasses economic justice. Social justice is the virtue which guides us in creating those organized human interactions we call institutions. In turn, social institutions, when justly organized, provide us with access to what is good for the person, both individually and in our associations with others. Social justice also imposes on each of us a personal responsibility to work with others to design and continually perfect our institutions as tools for personal and social development. Defining Economic Justice Economic justice, which touches the individual person as well as the social order, encompasses the moral principles which guide us in designing our economic institutions. These institutions determine how each person earns a living, enters into contracts, exchanges goods and services with others and otherwise produces an independent material foundation for his or her economic sustenance. The ultimate purpose of economic justice is to free each person to engage creatively in the unlimited work beyond economics, that of the mind and the spirit. Social justice based on the values of fairness, equality and respect...

Words: 3417 - Pages: 14

Premium Essay

Justice

...Justice The dictionary defines justice as “1. the quality of being just; righteousness, equitableness, or moral rightness: to uphold the justice of a cause. 2. rightfulness or lawfulness, as of a claim or title; justness of ground or reason: to complain with justice. 3. the moral principle determining just conduct. 4. conformity to this principle, as manifested in conduct; just conduct, dealing, or treatment. 5. the administering of deserved punishment or reward.” Justice is primarily the call for a fair and even response to wrong behavior. Although it calls for fairness in all things, as a concept it most often applied to punitive measures against sinful or criminal acts rather than rewards for virtuous behavior. Justice is not simply punishment, however. It is the entire process by which guilt is determined and an appropriate response measured. Many religions base their concept of the afterlife on justice. The powers that be weigh the sins a person has committed in their life against their virtues and determine a just fate. In some cases justice places the soul in a permanent afterlife like heaven or hell. In other faiths the soul is believed to reincarnate in a new body that will teach the soul lessons it need for spiritual growth beyond the vices it engaged in in its last life. This a concept called karma, a kind of cosmic justice carried out by the universe itself. Some religions have rules and laws that are meant to be enforced by humans, like the laws in the book......

Words: 592 - Pages: 3