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

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

Video: What Is Justice?: Crash Course Philosophy #40 2024, July

Video: What Is Justice?: Crash Course Philosophy #40 2024, July
Anonim

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

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So, the well-known Ukrainian legal activist A. Skakun attributes open-mindedness to the general principles of law and defines it as “a measure of the moral-legal proportionality of the person who is invested and received in all spheres of human life and their legal support”.

The Russian theoretician of law 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 calls the principle of social justice and considers it decisive in considering relevant legal cases, such as the appointment of a pension, provision of housing, determination of a measure of criminal punishment.

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

Often the question arises as to whether the level of punishment is honestly correlated with a crime committed by a person. The answer to this is quite categorical, because the punishment for a crime must necessarily be proportionate in its severity to the crime committed. The rules of law, applied fairly, are primarily a non-discriminatory approach, impartiality. This indicates not only that the corpus delicti prescribed by law and the conditions of punishment must meet 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 the illegal actions.

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Finally, I would like to emphasize: law and justice are inseparable and interconnected. Although, unfortunately, many lost faith in this, the law was created to be a legal reflection of objectivity. Yes, corruption now reigns everywhere, 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.