Relationship between Law and Justice
Discuss about the Social Justice In European Contract Law.
Law and justice are often considered as the same thing by people however it is a common misconception. These two have a symbiotic relationship, and they are not the same. It is difficult to differentiate between law and justice because it means different things to different people. In general, they are defined as fairness and equality. As per the dictionary definition, it is referred as the upholding of rights and providing punishments for wrong by law. There are a number of doctrines relating to justice. Rules of natural justice provide that each party of a suit should ensure that trial is fair, and they must receive the opportunity to put their case in front of the court[1]. The rule of law provides that all people are equal in front of the law and in order to achieve justice the court must equally view all. It means that law applies similar to everyone and all people should comply with the law in order to avoid legal consequences. This essay will make arguments regarding the relationship between law and justice and evaluate their characteristics in order to understand the relationship between the two. This essay will argue that there is a strong relationship between the concept of law and justice which is necessary for maintaining a just and equal environment in the society which assist in its sustaining growth.
Justice is often used for interchange with “fairness”. Although the relationship between the two is true to certain extent, however, justice is more of a social term which is focused towards achieving fairness for the society as a whole[2]. Fairness can be considered as a subjective term because everyone has a different opinion of fairness. An action that is considered as “fair” by a person cannot be deemed as “fair” to another. Justice is referred to a concept that focuses on incorporating all personal concepts of individuals and providing solutions that are suitable for all the parties[3]. A just society is referred to the one in which all constituents are happy. Although, the subjective term of justice makes it difficult for people to define it properly. As mentioned above, the definition of justice is not similar for all individuals and others might have a different opinion about an action which a person considers as a justice. For example, a starving person steel breach from a shopkeeper and the shopkeeper catches him and turns him to the authority. The authority punishes the person for stealing. In this case, the justice is served from the perspective of the shopkeeper; however, from the perspective of the starving man, stealing of one breach loaf would not have caused a huge loss to the shopkeeper whereas he would be able to end his hunger. There is ambiguity in the definition of justice due to which people face difficulty in determining whether justice was served or not. In order to address this issue, societies created guidelines which are mandatory to be followed by everyone which are called laws.
Characteristics of Law and Justice
Law and justice are often go hand-in-hands however they are two different concepts which are differentiated based on their characteristics. Laws are referred to the rules and guidelines which are developed and imposed by social institutions for governing the behaviour of individuals. Generally, these laws are made by government officials, although there are various other sources of law as well such as legislation enactment, constitution, judicial decisions, and other sources[4]. Laws are implied over everyone equally, and people are required to comply with these laws in order to avoid legal consequences. Justice and law are not synonyms, and they are different based on their attributes. Laws are used in order to determine what are fair and appropriate actions in the society which is called justice because justice defines the way people should act within the society. With the development in law from Hammurabi and the Babylonian law to the present day, the importance and grasp on the concept of justice have changed. However, the concept of justice plays a significant role in the legal system. Although the concept of justice might have changed with time, however, the implementation of the law has remained same for people across the globe. For example, the Constitution of the United States including in its first amendment the freedom of expression, speech, assembly, religion and process[5]. Since then the law has upheld by the government of the United States and the right is available to all people equally. The implementation of law remains same for everyone, however, the government changes, deletes, amend, add and remove different laws as per the requirements.
There are a number of similarities between law and justice along with many differences. Although laws are written legislation which is mandatory to comply by everyone, however, the judiciary system has the power to interpret them and enforce in different situations. The concept of law varies from one nation to another (even from one state to another), therefore, lawyers can only operate in the country in which they pass their national exam. On the other hand, justice is considered as a broad and abstract concept which is based on fairness, dignity, ethics, moral, rights and kindness. Justice focuses on avoiding discrimination, abuses, slavery, poverty, violence and injustices in general from the society[6]. Therefore, based on this concept, all laws are based on the concept of justice, and it is the duty of the government to implement laws in a just and equal manner. The purpose of the law is to ensure that justice is maintained in the society by removing of unjust factors. Unfortunately, this is not the case because people break laws all the time. A large number of people did not respect the laws including individuals and authorities that are responsible for enforcing laws in the society. It is difficult for authorities to effectively enforce laws over people because they tend to avoid them or not follow them for personal benefit. The breach of law resulted in increasing the issue of injustice in the society. Lack of compliance with laws and non-fulfilment of legal policies resulted in creating a negative environment in the country in which it is difficult for people to receive justice[7]. In order to provide justice, it is necessary that effective legal system in implement in a country and the laws are created to provide justice to parties. Therefore, both of these factors are interdependent upon each other and non-fulfilment of one element resulted in negatively affecting the other as well.
Importance of Law and Justice in Maintaining a Just and Equal Environment
There are many similarities between law and justice, for instance, both concepts are regulated based on human behaviour. The primary aim of law and justice is to create a just and equal environment for people. Justice focuses on doing what is right in a particular situation by avoiding negative factors such as violence, abuse, discrimination and others. Similarly, laws are imposed by the government to regulating the behaviour of people; they are referred to guidelines which are mandatory to be followed by everyone[8]. These guidelines are focused towards establishing a just and equal environment in the country in which justice is served effectively. Another key similarity between law and justice is that laws are based on the idea of justice. While providing any judgement, the courts focus on implementing and interpreting the laws in a just manner. The laws are imposed without any discrimination between parties, and they are focused towards creating an equal and just environment in the country. Another key similarity between law and justice is that both the concepts are based on factors such as order, quality, morality and fairness[9]. Both law and justice are based on similar grounds, and their motive is similar as well. They are focused towards achieving common objectives which is creating a just and equal environment in the country. Due to their similarities, many people confuse between them and use them as synonyms; however, they are different concepts based on their attributes.
Based on their similarities, the concept of law and justice are strictly linked with each other, however, both of them have a number of differences which cannot be overlooked. One of the key differences between law and justice is that the term law is referred to an established and concrete set of written principles and regulations which are developed by the government for regulating and controlling the actions and behaviour of citizens[10]. The implementation of laws is a universally recognised concept which is followed by countries across the globe. On the other hand, justice is not determined as a universally recognised idea which is implied by each nation, and it is subject to interpretations. Generally, justice is depicted as a women wearing a blindfold and holding a balance which symbolise the equality and fairness in the society. It also depicts that laws are applied equally and without discrimination against all individuals. But still, there is no common understanding of justice, and there is ambiguity regarding its definition. Another factor is that laws vary from country to country also the process of creating laws are different across the globe as well. For example, countries which apply a democratic structure follow a long debate and even longer procedure for checking the facts and balances before implementing a law. These countries take into consideration a number of factors and opinions before implementing a law over the country to ensure that it is focused towards achieving common public interest. In authoritarian nations, the laws are implemented and decided by the ruling party or the ruling person. In these countries, the ruling party or the ruler decides and implements laws without seeking support from the majority[11]. On the other hand, the concept of justice is more or less similar across all countries. The concept of justice focuses on moral values and ethics which focus on doing the right thing or achieving the interest of the society.
Differences and Similarities between Law and Justice
In conclusion, law and justice are two very similar yet different concepts. Although the concept of law goes hand-in-hand with justice, however, both the concepts are different based on their characteristics. The law is referred to a system of standards, principles, norms and regulations which are created by the government of the country. The main objective of implementation of laws is to regulate the life and action of citizens in a country. Laws are referred to written codes which are enforced by the government and related authorities, and they follow a specific procedure including police, judiciary, security forces and others to enforce the laws. On the other hand, justice is an abstract concept which is based on the idea of fairness, equality and ethics. The concept of justice focuses on removing discrimination, poverty, slavery, violence, abuse and other injustices in general. Along with differences, there are many similarities between the concept of law and justice as well. The main similarity is the both of these concepts are bases of ideas of implementing equality, fairness, morality and order in the society. Both of these concepts regulate the behaviours of human beings in order to create a just and equal environment in the society. The government creates the laws for creating justice in the society. Therefore, there is a strong relationship between law and justice, and effective compliance with both the concepts lead to creating an equal and just environment which sustain the growth and development of the society.
“Social Justice In European Contract Law: A Manifesto” (2004) 10(6) European Law Journal
Blackwell, AH, Law (Infobase Pub., 2010)
Carrier, J and Stephen Savage, “International Journal Of Law, Crime And Justice—Editorial Statement” (2008) 36(1) International Journal of Law, Crime and Justice
Crawshaw, JR, “Justice Source And Justice Content: Evaluating The Fairness Of Organisational Career Management Practices” (2006) 16(1) Human Resource Management Journal
Dordeska, M, “The Process Of International Law— Making: The Relationship Between The International Court Of Justice And The International Law Commission” (2015) 15(1) International and Comparative Law Review
Hayek, FA, Law, Legislation And Liberty: A New Statement Of The Liberal Principles Of Justice And Political Economy (Routledge, 2012)
Hesselink, MW, “Private Law, Regulation, And Justice” (2016) 22(5) European Law Journal
Kelsen, H, What Is Justice? (Lawbook Exchange, 2013)
Rondeau, A, Justice (ABDO Pub. Co., 2003)
Skolnick, JH, Justice Without Trial (Quid Pro Books, 2011)
White, EG, Law In American History (Oxford University Press, 2012)
[1] Hans Kelsen, What Is Justice? (Lawbook Exchange, 2013).
[2] Friedrich August Hayek, Law, Legislation And Liberty: A New Statement Of The Liberal Principles Of Justice And Political Economy (Routledge, 2012).
[3] Amanda Rondeau, Justice (ABDO Pub. Co., 2003).
[4] Amy Hackney Blackwell, Law (Infobase Pub., 2010).
[5] G. Edward White, Law In American History (Oxford University Press, 2012).
[6] Martijn W. Hesselink, “Private Law, Regulation, And Justice” (2016) 22(5) European Law Journal.
[7] John Carrier and Stephen Savage, “International Journal Of Law, Crime And Justice—Editorial Statement” (2008) 36(1) International Journal of Law, Crime and Justice.
[8] “Social Justice In European Contract Law: A Manifesto” (2004) 10(6) European Law Journal.
[9] Jonathan R. Crawshaw, “Justice Source And Justice Content: Evaluating The Fairness Of Organisational Career Management Practices” (2006) 16(1) Human Resource Management Journal.
[10] Marija Dordeska, “The Process Of International Law— Making: The Relationship Between The International Court Of Justice And The International Law Commission” (2015) 15(1) International and Comparative Law Review.
[11] Jerome H Skolnick, Justice Without Trial (Quid Pro Books, 2011).
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