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Relationship between justice and law
The relationship between law and justice
Morality and justice
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Justice and Morality: Through the Lens of “Letter from Birmingham Jail”. The issue of justice and how it coexists with morality have always been a pertinent topic for discussions and arguments. Often moral actions are considered to be just, and just actions to be moral. It would be reasonable to assume that justice and morality don’t operate independently, and they significantly overlap, although they can come into conflict sometimes. Justice has emphasis on the effects of certain actions and the weight of these effects. Morality, on other hand, is more about the actions, the rightness or wrongness of it based on cultural and societal context in where the morality exists. Principles of justice work primarily with what has happened, as the consequence of an action, while morality often relies on predicting the future, as a preventer of an action; it is concerned with conforming to the code of principles. Despite the differences in these concepts, justice and morality both exist to pursuit the least pain and the greatest pleasure for everyone. Justice and morality are not mutually …show more content…
Undoubtedly, there is a strong link that connects these concepts, but it is apparent that there is no absolute definition on how they should operate and interact, so it is up to each individual to decide for him- or herself what is morality and how - if it does - it leads to justice. It is highly subjective and inconstant, as nothing in our world is eternal and everything changes with time. It is essential to have the ability to be flexible and be able to bend the accustomed principles in order to be just and moral in relation to others, as we live in times of such a great diversity of opinions. What one thinks is fair and ethical, might be unjust and immoral for the other. Ideally, that is where the law comes in to mediate the divergence of opinions, if the law itself is
Morality derives from the Latin moralitas meaning, “manner, character, or proper behavior.” In light of this translation, the definition invites the question of what composes “proper behavior” and who defines morality through these behaviors, whether that be God, humanity, or an amalgamation of both. Socrates confronted the moral dilemma in his discourses millennia ago, Plato refined his concepts in his Republic, and leaders such as Mahatma Gandhi would commit their life work to defining and applying the term to political reform. Finally, after so many years, Martin Luther King’s “A Letter from Birmingham Jail” reaches a consensus on the definition of morality, one that weighs the concepts of justice and injustice to describe morality as the
From top to bottom, John Stuart Mill put forth an incredible essay depicting the various unknown complexities of morality. He has a remarkable understanding and appreciation of utilitarianism and throughout the essay the audience can grasp a clearer understanding of morality. Morality, itself, may never be totally defined, but despite the struggle and lack of definition it still has meaning. Moral instinct comes differently to everyone making it incredibly difficult to discover a basis of morality. Society may never effectively establish the basis, but Mill’s essay provides people with a good idea.
Encyclopedia Britannica Defines Justice as the concept of a proper proportion between a person’s deserts (what is merited) and the good and bad things that befall or are allotted to him or her. There is a duality to the idea of justice because it acts as a reward and a deterrent. It makes sure the people who abide by rules get treated “justly” but also insures an example out of the people who break laws so that the amount of law-breakers dissipates. Judgment’s importance stems from its dual-concept base. Britannica defines it in terms of law and thought. Judgment in all legal systems is a decision of a court adjudicating the rights of the parties to a legal action before it. The Encyclopedia explains judgment in thought using multiple components:
Justice and morality can be viewed hand in hand as justice is based off a foundation of moral beliefs involving ethics, fairness and the law. The nature of justice and morality and how they are related has been debated heavily throughout philosophical history. When analyzing Nietzsche’s work On the Genealogy of Morals, and Thrasymachus in Plato’s, Republic it is evident that they have similarities and differences when one compares their individual accounts on the nature and genesis of justice and morality. Such similarities are their views on the nature of society and humans are naturally unequal. In addition, both philosophers agree with the statement that there can be no common good amongst society and that all moral values are socially created. On the other hand, although Nietzsche and Thrasymachus have these resemblances between their accounts, they each have unique personal differences which set them apart from each other.
Moral rightness and fairness are two alternate ways of saying justice. Justice is defined in a legal dictionary on law.com as “a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal.” There are many different opinions on the law and justice systems in America, many of which are not particularly positive. Law.com also states, one problem can be found in the attorneys, judges, and legislators, as they tend to get caught up more in the procedure than actually achieving justice for the people. While others say that our law system is not interested in finding out the truth, but more criticisms can also be seen in Herman Melville’s story, “Bartleby, the Scrivener.” Melville
Also, that justice is a certain type of specialization, meaning that performing a particular task that is a person’s own, not of someone else’s. Plato (2007), Polemarchus argues with Socrates in book I that, “Justice was to do good to a friend and harm to an enemy” (335b p.13). Plato (2007) he then responds, “It is not the function of the just man to harm either his friends or anyone else, but of his opposite the unjust man” (335d p.14). His views of justice are related to contemporary culture, because when someone does something that they are supposed to do, they receive credit or a reward for it, but if the opposite of that is performed, by not doing the particular task that is asked, they are then rewarded but with punishments. Also, that justice is doing the right thing in a society. Justice of contemporary culture does not diverge from the views offered in The Republic and Socrates views are adequate, because if a task is not performed the way it needs to be, and is supposed to be a person should not be rewarded for it. Additionally, that an individual should be just not
For many years now, people have always wondered what ethical principle is the right one to follow. These individuals are all seeking the answer to the question that the ethical principles are trying to clarify: What defines moral behavior? The Divine Command Theory and the theories of cultural relativism are two principles of many out there that provide us with explanations on what our ethical decisions are based on and what we consider to be our moral compass in life. Even though these two theories make well-supported arguments on why they are the right principle to follow, it is hard to pinpoint which one should guide our choices because of the wide array of ethical systems. Therefore, what is morally right or wrong differs greatly depending
In the Republic, Plato discusses many topics, including the issue of justice versus injustice (Plato 34). Plato’s argument indicates that justice works interchangeably with proper ethics (Plato 35). According to Plato, in order for a person to live the “best life”, they must live with justice and ethics (Plato 35). These two terms are similar in the sense that it is subjective to each individual. One’s definition of justice results from their own beliefs of ethics, which varies from person to person. Plato claims that doing “justice” is the better way of living, even if it brings misfortune in the end (Plato 34-35). This brings up the ethical dispute that misfortunes from justice is better than rewards earned from injustice. However, as seen in modern day, there is still no universal idea as to whether or not something is justifiable or abides by the ethical conduct that is expected. Often times, an action may seem justified to one individual while it seems unjustified to another. In order for someone to get what they want, they don’t think about their actions, whether or not it is following their ethical codes. In this case, the idea of “justice” and “ethics” is purely a mirage of the mind that people created so that they have a reason to feel good about themselves. In today’s society, many people get away with doing “injustice” while the actions of “justice” are disregarded. The definition of “justice” and “ethics” is still open-ended as demonstrated by justice system of the United States. There are people getting away with crimes and innocent people being put into prisons. Many times, these cases communicate the racial discrimination in the states.
One of the most persistently asked and perpetually unanswered questions in psychology is the question of morality. What is it, how does it develop, and where does it come from? A basic definition of morality is “beliefs about what is right behavior and what is wrong behavior” (Merriam-Webster). Based on the definition, the question then becomes even more complicated; How do people decide what is right and what is wrong? Research has examined this from many different angles, and two distinct schools of thought have emerged. One centers on the Lockian idea of children as blank slates who must be taught the difference between right and wrong and what it means to be moral, while the other espouses a more Chomskian perspective of a preset system of basic rules and guidelines that needs only to be activated. So what does this mean for humans and humanity? Are we born tabula rasa or are we born with an innate sense of good and evil? For those researching this topic, the question then becomes how to most effectively theorize, experiment and interpret human morality.
Morality ivolves distinguishing which human behaviors are right or wrong and good or bad. Morality covers topics such as harm, rights and justice, and therefore it is mainly concerned with protecting every idividual. There has been a culture of war between liberals and conservatives all based upon human morality aspects (Haidt & Graham, 2007, p. 1). Cultural war can be termed as the division in personal opinions and thoughts between open-minded people or liberals and the conventional or traditionalists, also known as conservatives.
Although both share the similarity that they focus on rules that govern humanity as a whole, there are a number of differences in their ideas, namely in their differing opinions on the role of duty and what makes an action morally right.
There is no connection between them, so they are never in conflict relative to their moral beliefs. However, within the context of Ethical Relativism, there’s a significant difference. Normally, two cultures will possess varying proportions of the same normal and abnormal habits, yet from a cross-cultural standpoint, what is abnormal in one culture can be seen as properly normal in another.... ... middle of paper ...
Morality is about rules, rules that everybody agrees to abide by because it is in their interest. I have presented here some reasons why one isn't necessarily morally compelled to obey the law. I have explained why politics and morals, and politics and charity cannot mix. Unfortunately, these are merely a few reasons why a real moral society has not been realized. Morality is very complex, subject to many differing points of view. While understanding the issues presented here hopefully contributes to better moral practices, there are still many issues facing proper morality.
The first type of ethic is,descriptive ethics or morals is best studied as psychology,sociology or anthropology. Different societies have different moral codes. This is true because, every society has a different religion,culture or specific routine or belief.Morals are classified as descriptive science. They are studied by many,many people and are all looked upon differently.Morals are also considered to be the shared ideas of a group irrespective of whether they are practiced.or how they are practiced.Different persons,groups,and societies have different moral standards, this is seen true by all sides. As you well know everyone has an opinion, moral ethics is all based on opinion. Second is,normative ethics or perspective ethics. This is the study of moral problems which seek to discover how one might act, not in fact how they act. Normative ethics also applies to how one might think one should act. Normative ethics are based solely on the opinion of another person, unlike descriptive ethics.More specifically (normative) ethics are the discipline concerned judgements of setting up norms.Although moral ethics go hand in hand they are different.Morals define personal character, while ethics stress a social system in which those morals are applied. Meaning morals inform you on human behavior whereas...
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.