What is justice? What does it have to do with the law?

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:53

Many people don't exactly know what justice is. Sometimes it seems to be something ephemeral and declarative, used primarily to enhance the impression, excite the imagination and give significance to a certain event. Politicians often speculate on impartiality, but sometimes time distorts its true value and real essence. However, the right of justice occupies a paramount place in legislation, and not only in scientific works and philosophical treatises. The law brings objectivity closer to reality, although it does not give it a precise definition, leaving this question open to interpretation by legal theorists.

Thus, the well-known Ukrainian figure in the field of law A. Skakun refers open-mindedness to the general principles of law and defines it as “a measure of the moral and legal proportionality of the invested and received in all spheres of human life and their legal support.”

Russian legal theorist V. Khropanyuk, explaining what justice is, gives the formulation of the concept of its principle a social connotation. Among the general provisions of law, he names the principle of social justice and considers it decisive when consideringrelevant legal cases, such as the appointment of a pension, the provision of housing, the determination of a criminal sanction.

Indeed, legality as a principle of law is of considerable importance in legal practice. T. Honore in the work “On Law. A brief introduction” notes that it is more important to operate with the concept of “fairness” when it comes to the application of the rule of law in life. The most fair use of these rules requires those who apply them (police, judges, officials) to be impartial, listen to both or all parties involved in the case, leave aside personal interests and know well what justice is.

Often the question arises as to whether the level of punishment is honestly correlated with the crime committed by a person. The answer to this is quite categorical, because the punishment for a crime must necessarily be commensurate in its harshness with the crime committed. Rules of law, applied fairly, are first of all a non-discriminatory approach, impartiality. This suggests not only that the corpus delicti provided by the law and the conditions of punishment must correspond to each other, but also about the need to formulate a punishment that is fair in relation to the gravity of the crime, the circumstances in which it occurred, and the person who committed illegal acts.

Finally, I would like to emphasize: law and justice are inseparable and interrelated. Although, unfortunately, manylost faith in this, but the law was created in order to be a legal reflection of objectivity. Yes, corruption reigns everywhere now, and it is almost impossible to eradicate it in Russia and many other countries. Nevertheless, there are still those who remember what justice is, as well as their oath, and adhere to the words spoken in it.