What is justice? Is there a way to measure it, or is it only a sentiment?
Justice means different things to different people. For one client justice could be to simply have the opportunity to be heard by a third party for another they want the other side to be completely destroyed.
It is fairness in resolving conflict, and redressing wrongs.
It is a subjective value preference, dependent entirely on individual actors in the transaction
I believe in the great tradition of natural law. It can't be reduced to sentiment, or to poliltics. On the other hand, it does not pre-decide all difficult questions. Where law becomes only sentiment (or only politics), all our rights are in danger.
What an esoteric question! Judges and lawyers strive every day to find out the truth, and from there deliver a fair, just result.
Justice is a process; not a result. (That's not original). Life is not fair. Bad things happen to good people, like cancer, accidents, tragedies. The same thing happens to careers, to businesses, to institutions.
An ideal system of justice levels the playing field so that disputes are resolved based upon their merits, and not upon someone's ignorant prejudices.
But justice does not guarantee a "just result," because that's just not how life works.
One of the reasons that I am backing out of the profession is that, in our society today, justice is a contextual sentiment. Contextual in that what is "justice" depends entirely on a given situation or even who is speaking. We lack fundamental truth in our socio-legal-political system and, because of this, our system lacks the ability to dispense actual justice.
justice cannot be measured. however, it can be brought and given
Justice is what we have, not perfect but it works to maintain some order and social life in relative peace.
Justice is what right thinking members of society think is right and fair. It sits above the law, as not all laws are just, and should be the objective of every court to dispense. The late Lord Denning was a great believer in delivering judgments that gave just results, although crticis believed that it created uncertainty in precedent.
There is no way to measure justice. Sometimes something can be just that is to say lawful in the eyes of the law but can seem injust from an ethical point of view.
Justice is the process of the legal system. Going through that process is lengthy ordeal.
Justice is an emotive sentiment but it can be measured when a decision is passed down as it should be balanced and all the facts considered. Failure to consider all the facts would not give a fair balance and therefore the belief that justice has not been done
Justice is in my opinion about undoing a wrong and for Claimant's in employment law cases it is about clearing their reputation so they can progress with their career.
I am not sure whether there is any accurate way of measuring it.
It truly is a sentiment. Justice is a perspective. I often encounter cases where both sides feel they were dealt with "unjustly". If justice were pure, that would never occur...you would always have a winner and a loser. The notion of justice is really a figment. Fairness is what the system provides...a forum for resolution. While it may be flawed and inconsistent among states, federal circuit, judges, and municipalities, it does provide finality. That is what is just...the system allows persons the opportunity to be heard, to have their day in court, thus that is the sentiment, were you heard? If so, that is justice. |
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