Law and Justice Essay Sample

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LAW

AND

JUSTICE


"People would not know the name of Justice, if unjust things

did not exist"

(Heraclitus, cited by Murray, 1889)

Justice and injustice are the greatest dualism. Neither justice

nor injustice is the same for all people and all cultures. Namely,

what is justice for ones, may be punishable for others. The

hibernating human nature from the earliest times required

organization of society by canons, laws, tribal rules, written and

unspoken. The Old Testament is based on laws that prescribe

very strict norms in behavior and everyday life. To respect this

law and such a life lies in this law righteousness (eye for eye,

tooth for tooth), but in the present time we can not recognize

such justice. In many cultures, justice was sought and

sanctioned by "blood vengeance", therefore not by law. Why?

Does this mean that the justice is in the blood revenge, and

that the law is unjust? Or, it means that one are looking for

justice by blood revenge, and other the laws. If we are looking

for justice in the laws, then it is important who and how puts

these laws into effect.

The Supreme Law is a Constitution. The Constitution is a

guarantee of human freedom and a reflection of the will of the

people. The coexistence of the creation of the state and of the

law, the creation of a state-right order necessarily implies the

existence of some mandatory rules that constitute the basis

upon which both the state and the right are built; The

constitution in the formal sense is a written act of the greatest

legal force regulating the basis of state and social organization

of one country.


There is not only political power to adopt the constitution, but

the spirit of the nation, its perception of morals, customs,

habits , public opinion. There is a difference between the

constitution that brings people, and the government cannot

change, and the constitution that brings the people, and the

government can change. This is the difference between

constitutional and legislative power. It is constitutionally

constitutive and legally constituted. So the state has to give

authority to manage it, to keep it, but it is a question to who

as it would not be subject to abuse.

Plato considered that the state should be governed by

rulers-philosophers, because philosophical education has

developed their sense of reason. The ruler, can not be a

ruler before his fiftieth year of life. Plato seeks to theoretically

establish a just state. A just state would be the one in which

each would have its own place of work. This division of work

towards Plato is based on his ontology and psychology. A

just state can only be the one who in some way realizes the

idea of righteousness. A well-organized state must be as

close to the conceptual empire. It is clear from this that such

a state must be led by philosophers, for they are the only

ones capable of acquiring knowledge of the world of ideas

and knowing what is right and what is not.


Philosophers can only become those who possess the

mental part of the soul, capable of maintaining in harmony

the other two parts of the soul, feeling and rationality, and to

be governed by them. Those who have developed only a

reasonable part of the soul, who are therefore not capable of

philosophical knowledge, but are reasonable and heartfelt,

their virtue is courage and should be the guardians of the

state (Hsu, 2007).

Socrates, like Platon, elaborated the whole ideal state plan

(ideal in terms of righteousness). His ideal state would be

govern by the best people, so it would be aristocratic. Plato

points out that people and their characters are the ones that

make up the state. Even states can be: timocratic,

democratic, oligarchical, tyrannical ... "Every government,

make the laws in its favor: the democracy of the democratic,

the tyrant gives monarchical laws, and so are the other

authorities" (Plato, cited by Jowett, 2008).

References

Hsum H. (2007). The Harmony of the Soul. Humanitas

Taiwanica, 67, 139-159.

Jowett, B. (2008). The Republic. Kansas: Digireads

Publishing.

Patrick, G. T. W. (1889). The Fragments of the Work of

Heraclitus of Ephesus on Nature; Translated from the Greek

Text of Bywater, with an Introduction Historical and Critical,

Toronto: Baltimore N. Murray.

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