The Inexorableness and Essence of Informal Justice System (original) (raw)
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THE CONCEPT OF LAW AND JUSTICE
Prizren Social Science Journal, 2020
From the views and changes that have followed the dynamism of our society, undoubtedly, law and justice have played a crucial role as a very abstract term that has been consumed almost from the first beginnings of human society to our modern days. Beyond the events and circumstances that societies in the past have had and organized by defining and choosing the way of life, and often times the right has been personalized by a certain group of people, or by a military division that has given rights and has created justice, in certain interests and for personal and charismatic purposes it has been denied a certain part of society, and has often been deformed in scandalous ways by reflecting, on the fact that the giver of this right has often been pointed out to be the man, but this convulsion in no case has lasted long, and often this theory has remained unrealized, reflecting that right is something natural and that the individual gains at the moment of birth and enjoys it to death, this divergence and complexity of the way of perceiving the law has often resulted in wars and the acquisition of this vital right. Through this paper we will draw philosophical and legal paradigms, analyzing from a retrospective way of the application of law and the applicability of justice, as an important mechanism of regulation of social relations. Law and justice have a common path of development, one by regulating the way of life of the people, that is, by issuing norms and the other by giving justice to the relative complexity and cohesion of interpersonal relations.
Syllabus - Theories of Justice
In this course, we will inves,gate contemporary theories of jus,ce, beginning with a review of the major schools of thought before turning to various topics related to jus,ce. Debates over jus,ce relate to ques,ons about rights, en,tlement, desert, and obliga,on-namely, what do we owe each other? How we answer these ques,ons have enormous effects on the nature of our poli,cal society, for good or ill. This is a survey course, meant to familiarize students with the most influen,al contemporary theories of jus,ce so that they can become well-versed in modern academic discourse about the topic and can apply those insights to wider poli,cal debates. It is meant to introduce students to a wide array of views, allowing them to develop their own concep,ons of jus,ce and be beYer situated when evalua,ng others. If, as John Rawls observed, jus,ce is "the first virtue of social ins,tu,ons," then grappling with this topic is the first duty of the ci,zen.
The Variations of the Concept of Justice: An Analysis
2018
The idea of the concept of justice varies from man to man, family to family, locality to locality, state to state, country to country and even continent to continent. The inquiry about justice goes from the crudest to the most refined interpretation of it. The basis of justice can be traced to conscience and morals. Philosophers have different theories of justice. This contributes to the assertion that a definite meaning of justice is hard to come by. Some see it as a shield to the weaker people in the society; others envision a society of equal citizens with equal rights. The ‘rights of citizens’ is one of the basic features of justice. In claiming these rights by citizens, arguments build up as to unjust actions. An example is the nature of secularism in Turkey, the ban placed on the hijab and the violation of the right to freedom of religion of women. Also, an intimate look at current issues in the world brings one to the conclusion that it is not possible for everyone to be just...
The aim of this research paper is to clarify the concept and the doctrine of Natural Justice and its apparatus in the judicial, quasi-judicial, and regulatory frameworks is not new. It appears to be as matured as the framework of the dispensation of equity itself. It has by presently accepted the significance of being, so to say, "an essential inbuilt component" of the component, through which the decision-making process passes, within the things touching the rights and freedom of the individuals. It is no question, a procedural requirement but it guarantees a solid safeguard against any Legal or authoritative; arrange or action, antagonistically influencing the substantive rights of the people. 'Natural Justice' is an expression of English common law. This hypothesis has also been created with the significant help of a few logicians. Afterward, when the equitable circumstance has kept up there in various nations, such standards ought to be overseen to back this democracy. In this paper, I attempt to investigate the concept of characteristic equity, the root of common.
Encyclopedia of Business Ethics and Society
Justice, Theories of The question "What is justice" is the first problem addressed by Plato's Republic. It has remained a central question in all moral, legal and political thought. There are narrow and broad uses of the terms 'just' and 'justice.' In its narrowest sense, justice is close to lawfulness, and a just act is a legal one, meaning primarily that it is not illegal. Another narrow use is procedural, with the sense that certain decision-making procedures deliver a product that a state calls justice. In its broader senses, which are of the greatest interest to philosophers and other theorists, justice is thought of as an attribute either of acts, including transactions and decisions; of conditions, including rules and laws; or of entities, including persons, gods, societies and states. Aristotle held that the creation and maintenance of justice was the most important task of the state. A just state was ruled in the interests of the whole population, while an unjust state was ruled in the interests of its ruling class. Aristotle distinguished between distributive and commutative justice. The first deals with the distribution of rights, benefits, costs and responsibilities within a class, for example, among citizens of a state, among family members or among stakeholders in a corporation. The second, now widely known as retributive justice, deals with the treatment of individual persons or interests, for example, in a transaction or in meting out punishment. This second way of thinking about justice involves consideration of what people deserve according to some standard, such as law or precedence. Poetic justice, in which one unexpectedly gets what he or she deserves, is a notion of retributive justice. The distributive notion of justice involves, as Aristotle has it, treating equals equally and unequals according to their relevant inequality so that, for example, juveniles and adults are accorded differing rights and responsibilities with regard to alcohol, marriage, driving and voting. Injustice would clearly arise from treating a member of one class according to the rules laid down for the other class. Today theorists are unlikely to assert that there are two distinct conceptions involved in our thinking about justice, though most will agree that we have notions about justice that can be at odds with one another. Each of several employees might deserve all of the bonus dollars available in a given year, but it might still seem more just to divide the money among them. In that case, the desire for a kind of distribution is apparently at odds with the desire to give what is deserved. Some contemporary theorists emphasize the notion of distributive justice while others emphasize individual rights, and thus the retributive notion of justice. The concept of social justice takes justice as the attribute of a society in which a certain pattern of distribution is roughly realized throughout its most important institutions. In order to discover the right distributions, John Rawls attempts to produce a hypothetical social contract. His basic idea is that a contract made under certain constraints will guarantee justice. Discovering these constraints involves assuming a "veil of ignorance"we choose social arrangements from behind this veil by supposing that we must enter the world our policy choices create, though we are ignorant about how we will enter it, meaning that we might enter it in any condition of wealth or poverty,
JUSTICE AS THE END VALUE OF LAW
There has always been a great debate on what role law should fulfill in every society –while believers of the Natural Law on the one hand, insist that every law must appeal to good conscience in order to be recognizable, the Marxists are of the view that law is nothing but an instrument of oppression in the hands of the sovereign. The bottom-line of these arguments is that of a deep-seated yearn for justice. For instance, believers of the Marxist School of thought would have been more at peace if they have seen law as going to the greater extent of achieving and guaranteeing certain freedoms. While this is important, it is acutely imperative to draw out a benchmark –justice. Therefore using justice as the index of every law, has law served any purpose, at all, for every Tom, Dick and Harry of every society? This research sets out on a particular mission: that of first, understanding what law actually is, then attaching to it the value of justice in order to create out a phenomenon, and then proceeding to critically examine, compare and analyze the laws of some select societies (both indigenous and modern) using the index of justice as a guide. In the end, it is the hope of this researcher that, notwithstanding the variety in the laws that have existed and still exist during the different evolutionary stages of human societies, the common, universal language which they all reflect –that of justice – has been deduced.
Introduction. Practices of Justice: Categories, Procedures and Strategies
2015
This paper is an introduction to a collection of studies that aim to contribute to a better understanding of the relationships between justice and the exercise of power in various societies of Africa, Asia and Europe. If the promulgation of laws and rules on the one hand and the resistance or processes of adjustment to these by people at local levels of society on the other hand are the object of regular in-depth studies, there is still often the need to better understand the interactions between the standards promoted by the state and the effective modalities that are in place for the arbitration of conflicts.