SlideShare a Scribd company logo
1 of 1
Download to read offline
Essay on Justice
Essay on Justice
'Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to
achieve it'.
Justice is something that we all want from a Law and believe should be an integral part in any legal
system. However, the meaning of Justice is very difficult to define. There are many aspects of justice
that we may question about; i.e. is a particular law just? Is the legal system just? Much of the issue
of justice is very controversial and raises questions such as whether the combination of Law and
system produce a just result? Justice has a definition as follows: 'The quality of being just or fair,
the act of determining rights and assigning rewards or...show more content...
The logical extension of this view is that the Legal rules of a country can be broken if they do not
conform to moral Laws, a view that was favoured by St. Thomas Aquinas. This theory of Natural
Law can be contrasted with Positivism. Natural lawyers conflict with positivist thinkers who
believe that if the Law is made according to correct procedure, then it should be followed however
much it conflicts with morality. Positivists like Kelsen argue that Law and morality are entirely
separate concepts, and believes that justice is abstract, therefore it is has no concept in Law.
Kelsen also argued that the concept of justice is too vague to be defined and that even if law is
immoral, it still should be followed. Austin's view stems from the positivist argument that Law is
Law because of sovereignty and procedures. Professor Hart also considers law and morality to be
separate. He believed that Law should be based on logical ideas that produce correct decisions
from the rules. Durkheim, a sociologist, took the view that society is held together 'a cohesion' and
that the Law is an integral part of making these structures work. Kelsen's theory can be contrasted
to LL Fuller who favours the natural Law theory. Fuller took the example of the Nazi Law and
condemned with their Legal system. He argued that Nazi Law was not Law at all as it was so
fundamentally unjust.
Get more content on HelpWriting.net

More Related Content

Similar to Essay On Justice

Law_Bentham_Austin
Law_Bentham_AustinLaw_Bentham_Austin
Law_Bentham_AustinMOTASIM BILLAH
 
American realism- Legal Theory
American realism- Legal TheoryAmerican realism- Legal Theory
American realism- Legal TheoryVaishnavi Kanduri
 
Hart fuller debate cont
Hart fuller debate contHart fuller debate cont
Hart fuller debate contTrisom Sahu
 
Law according to the john austin vaibhav goyal
Law according to the john austin vaibhav goyalLaw according to the john austin vaibhav goyal
Law according to the john austin vaibhav goyalVaibhav Goyal
 
Jurisprudence - What is law
Jurisprudence - What is lawJurisprudence - What is law
Jurisprudence - What is lawFAROUQ
 
Key concepts-and-theories-class-12th-ncert
Key concepts-and-theories-class-12th-ncertKey concepts-and-theories-class-12th-ncert
Key concepts-and-theories-class-12th-ncertSaurabh Singh Negi
 
Jurisprudence 1.pptx
Jurisprudence 1.pptxJurisprudence 1.pptx
Jurisprudence 1.pptxChinJoy1
 
Nature of Legal Doctrine: Empirical Discipline
Nature of Legal Doctrine: Empirical Discipline Nature of Legal Doctrine: Empirical Discipline
Nature of Legal Doctrine: Empirical Discipline Preeti Sikder
 
Analytical Positivism And H. L. A. Hart S Concept Of Law
Analytical Positivism And H. L. A. Hart S Concept Of LawAnalytical Positivism And H. L. A. Hart S Concept Of Law
Analytical Positivism And H. L. A. Hart S Concept Of LawJennifer Daniel
 

Similar to Essay On Justice (11)

School jurisprudence
School jurisprudenceSchool jurisprudence
School jurisprudence
 
The Hart v Fuller debate
The Hart v Fuller debateThe Hart v Fuller debate
The Hart v Fuller debate
 
Law_Bentham_Austin
Law_Bentham_AustinLaw_Bentham_Austin
Law_Bentham_Austin
 
American realism- Legal Theory
American realism- Legal TheoryAmerican realism- Legal Theory
American realism- Legal Theory
 
Hart fuller debate cont
Hart fuller debate contHart fuller debate cont
Hart fuller debate cont
 
Law according to the john austin vaibhav goyal
Law according to the john austin vaibhav goyalLaw according to the john austin vaibhav goyal
Law according to the john austin vaibhav goyal
 
Jurisprudence - What is law
Jurisprudence - What is lawJurisprudence - What is law
Jurisprudence - What is law
 
Key concepts-and-theories-class-12th-ncert
Key concepts-and-theories-class-12th-ncertKey concepts-and-theories-class-12th-ncert
Key concepts-and-theories-class-12th-ncert
 
Jurisprudence 1.pptx
Jurisprudence 1.pptxJurisprudence 1.pptx
Jurisprudence 1.pptx
 
Nature of Legal Doctrine: Empirical Discipline
Nature of Legal Doctrine: Empirical Discipline Nature of Legal Doctrine: Empirical Discipline
Nature of Legal Doctrine: Empirical Discipline
 
Analytical Positivism And H. L. A. Hart S Concept Of Law
Analytical Positivism And H. L. A. Hart S Concept Of LawAnalytical Positivism And H. L. A. Hart S Concept Of Law
Analytical Positivism And H. L. A. Hart S Concept Of Law
 

More from Write My Philosophy Paper Waxahachie (6)

Religion Vs. Secularism
Religion Vs. SecularismReligion Vs. Secularism
Religion Vs. Secularism
 
Health Care Essay
Health Care EssayHealth Care Essay
Health Care Essay
 
Importance Of Differentiated Instruction
Importance Of Differentiated InstructionImportance Of Differentiated Instruction
Importance Of Differentiated Instruction
 
The Heart And Blood Circulation Essay
The Heart And Blood Circulation EssayThe Heart And Blood Circulation Essay
The Heart And Blood Circulation Essay
 
Machiavelli The Prince
Machiavelli The PrinceMachiavelli The Prince
Machiavelli The Prince
 
What Is Etiquette Essay
What Is Etiquette EssayWhat Is Etiquette Essay
What Is Etiquette Essay
 

Recently uploaded

18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdfssuser54595a
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...Marc Dusseiller Dusjagr
 
Software Engineering Methodologies (overview)
Software Engineering Methodologies (overview)Software Engineering Methodologies (overview)
Software Engineering Methodologies (overview)eniolaolutunde
 
How to Make a Pirate ship Primary Education.pptx
How to Make a Pirate ship Primary Education.pptxHow to Make a Pirate ship Primary Education.pptx
How to Make a Pirate ship Primary Education.pptxmanuelaromero2013
 
1029-Danh muc Sach Giao Khoa khoi 6.pdf
1029-Danh muc Sach Giao Khoa khoi  6.pdf1029-Danh muc Sach Giao Khoa khoi  6.pdf
1029-Danh muc Sach Giao Khoa khoi 6.pdfQucHHunhnh
 
Student login on Anyboli platform.helpin
Student login on Anyboli platform.helpinStudent login on Anyboli platform.helpin
Student login on Anyboli platform.helpinRaunakKeshri1
 
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions  for the students and aspirants of Chemistry12th.pptxOrganic Name Reactions  for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions for the students and aspirants of Chemistry12th.pptxVS Mahajan Coaching Centre
 
URLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website AppURLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website AppCeline George
 
Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104misteraugie
 
Accessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impactAccessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impactdawncurless
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionSafetyChain Software
 
Web & Social Media Analytics Previous Year Question Paper.pdf
Web & Social Media Analytics Previous Year Question Paper.pdfWeb & Social Media Analytics Previous Year Question Paper.pdf
Web & Social Media Analytics Previous Year Question Paper.pdfJayanti Pande
 
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptxPOINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptxSayali Powar
 
Q4-W6-Restating Informational Text Grade 3
Q4-W6-Restating Informational Text Grade 3Q4-W6-Restating Informational Text Grade 3
Q4-W6-Restating Informational Text Grade 3JemimahLaneBuaron
 
Activity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdfActivity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdfciinovamais
 
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxSOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxiammrhaywood
 
Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17Celine George
 

Recently uploaded (20)

18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
18-04-UA_REPORT_MEDIALITERAСY_INDEX-DM_23-1-final-eng.pdf
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
 
Software Engineering Methodologies (overview)
Software Engineering Methodologies (overview)Software Engineering Methodologies (overview)
Software Engineering Methodologies (overview)
 
How to Make a Pirate ship Primary Education.pptx
How to Make a Pirate ship Primary Education.pptxHow to Make a Pirate ship Primary Education.pptx
How to Make a Pirate ship Primary Education.pptx
 
1029-Danh muc Sach Giao Khoa khoi 6.pdf
1029-Danh muc Sach Giao Khoa khoi  6.pdf1029-Danh muc Sach Giao Khoa khoi  6.pdf
1029-Danh muc Sach Giao Khoa khoi 6.pdf
 
Student login on Anyboli platform.helpin
Student login on Anyboli platform.helpinStudent login on Anyboli platform.helpin
Student login on Anyboli platform.helpin
 
Código Creativo y Arte de Software | Unidad 1
Código Creativo y Arte de Software | Unidad 1Código Creativo y Arte de Software | Unidad 1
Código Creativo y Arte de Software | Unidad 1
 
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions  for the students and aspirants of Chemistry12th.pptxOrganic Name Reactions  for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
 
URLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website AppURLs and Routing in the Odoo 17 Website App
URLs and Routing in the Odoo 17 Website App
 
Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104
 
Accessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impactAccessible design: Minimum effort, maximum impact
Accessible design: Minimum effort, maximum impact
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory Inspection
 
Web & Social Media Analytics Previous Year Question Paper.pdf
Web & Social Media Analytics Previous Year Question Paper.pdfWeb & Social Media Analytics Previous Year Question Paper.pdf
Web & Social Media Analytics Previous Year Question Paper.pdf
 
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptxPOINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
 
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdfTataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
 
Q4-W6-Restating Informational Text Grade 3
Q4-W6-Restating Informational Text Grade 3Q4-W6-Restating Informational Text Grade 3
Q4-W6-Restating Informational Text Grade 3
 
Activity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdfActivity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdf
 
Mattingly "AI & Prompt Design: Structured Data, Assistants, & RAG"
Mattingly "AI & Prompt Design: Structured Data, Assistants, & RAG"Mattingly "AI & Prompt Design: Structured Data, Assistants, & RAG"
Mattingly "AI & Prompt Design: Structured Data, Assistants, & RAG"
 
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxSOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
 
Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17
 

Essay On Justice

  • 1. Essay on Justice Essay on Justice 'Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to achieve it'. Justice is something that we all want from a Law and believe should be an integral part in any legal system. However, the meaning of Justice is very difficult to define. There are many aspects of justice that we may question about; i.e. is a particular law just? Is the legal system just? Much of the issue of justice is very controversial and raises questions such as whether the combination of Law and system produce a just result? Justice has a definition as follows: 'The quality of being just or fair, the act of determining rights and assigning rewards or...show more content... The logical extension of this view is that the Legal rules of a country can be broken if they do not conform to moral Laws, a view that was favoured by St. Thomas Aquinas. This theory of Natural Law can be contrasted with Positivism. Natural lawyers conflict with positivist thinkers who believe that if the Law is made according to correct procedure, then it should be followed however much it conflicts with morality. Positivists like Kelsen argue that Law and morality are entirely separate concepts, and believes that justice is abstract, therefore it is has no concept in Law. Kelsen also argued that the concept of justice is too vague to be defined and that even if law is immoral, it still should be followed. Austin's view stems from the positivist argument that Law is Law because of sovereignty and procedures. Professor Hart also considers law and morality to be separate. He believed that Law should be based on logical ideas that produce correct decisions from the rules. Durkheim, a sociologist, took the view that society is held together 'a cohesion' and that the Law is an integral part of making these structures work. Kelsen's theory can be contrasted to LL Fuller who favours the natural Law theory. Fuller took the example of the Nazi Law and condemned with their Legal system. He argued that Nazi Law was not Law at all as it was so fundamentally unjust. Get more content on HelpWriting.net