Title: law for justice or injustice
1 Law for justice or injustice?
2Introduction
- Law is a system of rules that are created and
enforced through social or governmental
institutions to regulate behavior. Law is a
system that regulates and ensures that
individuals or a community adhere to the will of
the state.
3What is law?
- The binding rules of conduct meant to enforce
justice and prescribe duty or obligation, and
derived largely from custom or formal enactment
by a ruler or legislature. - These laws carry with them the power and
authority of the enactor, and associated
penalties for failure or refusal to obey. - Law derives its legitimacy ultimately from
universally accepted principles such as the
essential justness of the rules, or the sovereign
power of a parliament to enact them.
4Justice and Injustice
- Injustice is a quality relating to unfairness or
undeserved outcomes. The term may be applied in
reference to a particular event or situation, or
to a larger status quo. In Western philosophy and
jurisprudence, injustice is very commonly -but
not always-defined as either the absence or the
opposite of justice.
5 Running through the history of jurisprudence and
legal theory is a recurring concern about the
connections between law and justice and about the
ways law is implicated in injustice. In earlier
times law and justice were viewed as virtually
synonymous. Experience, however, has taught us
that, in fact, injustice may be supported by law.
Nonetheless, the belief remains that justice is
the special concern of law
6Commentators from Plato to Derrida have called
law to account in the name of justice, asked that
law provide a language of justice, and demanded
that it promote the attainment of justice. The
justice that is usually spoken about in these
commentaries is elusive, if not illusory, and
disconnected from the embodied practice of law.
7he essays collected in Justice and Injustice in
Law and Legal Theory seek to remedy this
uncertainty about the meaning of justice and its
disembodied quality, by embedding inquiry about
justice in an examination of law's daily
practices, its institutional arrangements, and
its engagement with particular issues at
particular moments in time.
8The essays examine the relationship between law
and justice and injustice in specific issues and
practices and, in doing so, make the question of
justice come alive as a concrete political
question. They draw on the disciplines of
history, law, anthropology, and political science.
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