Resumo de Law And Justice

Law and justice

The force of a law, judicial decision, or administrative act depends on the extent of its justice. And justice means nothing other than conformity with the law of nature.
The life is a ?good? but under certain circumstances it is the clearest duty to sacrifice it for a higher good. As the Chinese sage Mencius says ?I desire life. I also desire justice. But if I cannot have both if I cannot have both I shall rave to let life go and take Justice. Justice is indeed must be observed at all times. It is one of the principles of natural law that justice should be done to everyman. No reasonable man can deny this principle. But as to what is a just undei particular circumstance reasonable men can and often do disagree. The principles of the natural law are permanent and comprehensive but the determination of what is just by human enactment must vary with the different circumstances of mankind. For instance,
There is no sin in wealth just as there is no virtue in poverty Consequently the effort of anyone to increase his wealth cannot be condemned. But if the pursuit of welth means loss to others ? monetary, legal, or moral status then the question arises whether the acquisition of wealth by such methods and with such results is right.
In the same manner most of the legal as well as moral rights and wrongs are relative to the time and place. A nuisance,? said Justice Sutherland, ?may be merely a a right thing in the wrong place like a pig in the parlour instead the barnyard. All have diverse interest, various desires and conflicting needs which grow and change day by day .Thus to determine what is just, the positive rules are variable and subject to the change by human authority .But as long as they remain in force they are rigid in application.
The force of the law is a judicial decision, or administrative act depends on the extent of its Justice and justice means nothing else than conformity with the law of nature. Human Law is subject to it and if in any point it is directly contrary to the law of nature, it would no longer be a law but a corruption of law. Of the laws enacted by men some are concerned with what is good or the truth the good and the beautiful. Truth is the foundation of justice. Goodness is its end . and beauty constitutes its essential quality. The justice of a law or a. judgment depends upon whether it is based on truth whether it is directed towards the good life and whether its dispositions are fittingly adapted to the end.
Truth enters into the philosophy of law on two .different planes. Metaphysical and empirical. On the former, we must visualize human law as a rivulet flowing from natural law which, in turn flows from the eternal law. On the latter, we must see law in its relation to the other sciences and the actualities of life. In fact, the popular notion of Justice is inseparably bound up with truth.. Solomon was called a wise man and a just judge mainly because of his aability to find out the Truth .Further, while the law aims at the 'good,' it must be kept in mind that the private good is a subordinated to the common good.

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