Is Law the Same as Justice?

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Is Law the Same as Justice?

Introduction

A system of regulations and rules meant to enforce governing of behavior through social institutions is referred to as law. Laws are made by legislators according to the legislation statutes, executives in a decree form and judiciary representatives in binding precedents presented as jurisdictions. Laws are particularly influenced by the constitution of a particular nation. Justice refers to the attainment of fairness in any circumstances according to what is right or wrong. Justice is a broad concept, which requires moral correctness on equity, religion, rationality, ethics and law. Application of law determines the procedural justice while social justice is based on theology, philosophy, and religion. Law is not the same as justice.

Discussion

From the onset, man is made equal as any other human. Man is meant to thrive under the same condition as any other. All people are born with different abilities, mindset, and capabilities. In the natural state, freedom is a guarantee to all life forms. In a state of equality, all jurisdiction and power are reciprocal towards species of similar nature (Locke 1). Thus, all humans have the same advantages and disadvantages without subordination and subjection. The master in charge of declaration through manifestation of his will have right to the sovereignty and dominion in clear and evident appointment. In such contexts, this created the necessity to put in place modalities that check on the rightful balance for equitable survival and harmonious living.

            All men have to observe the law of nature, in that they are restrained from invading the freedoms and rights of another illegally or unlawfully. Under this observance, preservation of humanity and humankind as well as maintenance of peace is vital. The law of nature would be in vain under any circumstances and setting if it did not have authority in its execution (Hobbes 2). There has to be a distinction between the oppressed and the oppressors or the innocent and the guilty. The culpable individuals who violate the right and freedoms of other have to be punished for their actions. In the nature of law, jurisdiction or superiority of one individual over another could not exist under the perfect equality. Changes had to be made.

            In the society, all individuals had to live together in harmony without conflicts. This was impossible as every human had different goals and objectives towards life. Hence, the paths of each individual could interfere with that of another. Hobbes (3) argues that in this sense, a system had to be put in place to ensure there was equitable living without interference over another’s space, rights, and freedom. Empowerment of a system of rules and regulations was put into place and known as the law. The individuals selected or mandated with the execution of the laws, maintenance of order and judging of cases were distinguished from the rest of the society. They had to administer justice in any matters of disputes and concern on the societal setting.

            Justice embodies and is part of the natural law. It states that the consequences in nature are derived from choice or action of an individual. In such a concept, it shows that justice is an absolute concept, which is universal. Natural law through its administration of justice looks to serve in quelling of quarrels. Quarrels originate from competition, diffidence, and glory. Competition drives man into invasion for personal gain. Diffidence is responsible for man’s look for safety and equal measures. Glory manifests all actions of man towards requirements of reputation. Without a common power, which enables all three dimensions to be kept in check, the society is bound to have endless disagreements, conflicts, and divisions.

            Both the law and justice have to work in tandem for the same purpose of harmonious co-existence of all humans. Law acts as a system of guidelines enforced through the commonly accepted and empowered institutions (Locke 4). Justice on the other hand is relevant for adjudging the necessary measures taken especially concerning what is right and wrong. However, justice in its broad context is valued under all circumstances depending on the aggregate consequences of the action taken. The responsible justice heads have to look on the needs of the offended in a fair manner, while not violating the rights of the offender. Laws reflect the needs of the society and expectations while justice administers decisions of equitable living in the society.

Conclusion

Law and justice are related in every aspect. Laws are the clear guidelines that govern behavior of all members of a society through the social institutions put in place. Justice on the other hand refers to a broad concept responsible for ethics, righteousness, morality, and equality in the society. Laws are enforced by legislators who are put in power by either election into office the people or appointments. Justice is administered by empowered individuals from the constitutional process of governance and maintenance of the laws and regulations. In this sense, law is not the same as justice. However, failure of one dimension jeopardizes the other according to the respective people, culture, or background.

Works Cited

Hobbes, Thomas. “Of Man, Being the First Part f Levithian.” The Harvard Classics. 2014. Microsoft Word File.

Locke, John. “Of the State of Nature.” Locke: Political Writings. 2003. Microsoft Word File.