Justice is what a man must take for himself
"Law
is not law, if it violates the principles of eternal justice." - Lydia
Maria Child, an American abolitionist, women's rights activist, American
Indian rights activist, novelist, and journalist.
Corn cannot expect justice from a court composed of chickens. Thus,
justice is what a man must take for himself, when justice fails or
denied. Now do not get me wrong. I am not advocating that we take the
law unto our hands; because justice is different from law. For instance,
an earthquake achieves what the law pertaining to earthquakes promises:
destruction depending on its intensity; but in reality, an earthquake,
unlike law, which also sometimes errs in its application, does not
maintain the law of equality of all men when the event occurs.
Justice
Thus, when one considers it, there is no justice in some laws;
because a just law should treat all men as equal; unless of course,
there is a higher law of justice, which men do not perceive. However,
leaving out laws pertaining to nature and natural disasters, for I
believe they abide by a higher law, the cosmic law; fairness in
protection of rights and in the punishment of wrongs is justice. While
all legal systems aim to uphold this ideal through fair and proper
administration of the law of the land; it is possible to have unjust
laws. The concept of justice is, based on numerous fields; and many
differing viewpoints and perspectives. They include the concepts of
moral correctness, equity, ethics, rationality, religion, and fairness.
Of course, the concept of justice differs in every culture and varies at
varying times.
In fact, throughout history various theories were, established about
the concept of justice. However, in the main, justice is the quality of
being just, righteous, equitable, and of moral rightness. Thus,
fairness, justness, fair play, fair-mindedness, equity, equitableness,
even-handedness, egalitarianism, impartiality, impartialness, lack of
bias, objectivity, lack of prejudice, open-mindedness, non-partisanship,
all constitutes justice.
Karma
Hence, justice is the tolerable accommodation of the conflicting
interests of society, and I do not for a moment believe that there is
any legislative road to attain such accommodation concretely, because it
is the spirit and not the form of law that keeps justice alive.
The Buddhist approach to justice begins with individual behavior. The
moral law of karma, in which good actions generate positive consequences
and bad actions negative ones, is at its core. Buddhism is primarily a
contemplative religion. Nevertheless, from its earliest times there has
been a strong social justice ethic, born from the fundamental principle
of compassionate action. According to the Buddha, as human beings we
make choices that have consequences. If these choices are, informed by
wisdom and compassion, the outcome will be happiness; if they are,
informed by greed, hatred, and delusion, the outcome will be suffering.
In the sphere of social justice, the Buddha pointed out that, while
it is normal for people to want to experience the pleasures of life,
when greed becomes excessive it creates conflict. This conflict is
rooted in the reality of limited resources; and when some decide to take
for themselves beyond what is reasonable, others go without. Thus
inequality is born, from which stem jealousy, distrust, lies, crime, and
violence.
To manage these stresses, humans invent social constructs such as
laws, customs, classes, private property, and government. Therefore, in
contrast to the understandings canvassed so far, justice may be a human
creation rather than a discovery of harmony, divine command, or natural
law.
Law
However, this claim also creates a fundamental division between those
who argue that justice is the creation of some humans, and those who
argue that it is the creation of all. Be that as it is, I must also say
that justice is an ideal the world fails to live up to, sometimes due to
deliberate opposition to justice despite understanding, which could be
disastrous to the question of institutive justice.
It raises issues of legitimacy, procedure, codification and
interpretation, which are subjects considered by legal theorists and by
philosophers of law; and is not for laymen such as I.
For advocates of the theory that justice is part of natural law, it
involves the system of consequences that naturally derives from any
action or choice. In this, it is similar to what the Buddha taught or,
for that matter, the cosmic law, and the laws of physics that is a part
of the cosmic law. For instance, in the law of physics, the Third of
Newton's laws of Motion requires, that for every action there must be an
equal and opposite reaction akin to the karmic law of the Buddha and the
Hindu religion.
Justice also requires according individuals or groups what they
actually deserve, merit, or are entitled to. Justice, on this account,
is a universal and absolute concept: Laws, principles, religions, etc.,
are merely attempts to codify that concept, sometimes with results that
entirely contradict the true nature of justice. Justice, however, is
incidental to law and order. Law raises important and complex issues
concerning equality, fairness, and justice.
The belief in equality before the law is, called legal
egalitarianism. Equality before the law is one of the basic principles
of classical liberalism. Classical liberalism calls for equality before
the law, not for equality of outcome. Classical liberalism opposes
pursuing group rights at the expense of individual rights.
In the Republic by Plato, the character Thrasymachus argues that
justice is the interest of the strong - merely a name for what the
powerful or cunning ruler has imposed on the people through laws.
Nation
In fact, the more corrupt a nation, the more numerous the laws.
Somebody recently figured out that we have in the world, 350 million
laws to enforce the five precepts of the Buddha and the Ten
Commandments. That works out roughly to one law for every three point
five million people.
In our country, I am certain it would be something like a law for
every 100,000 or less citizens; and you can work out how corrupt this
nation is.
Even with this situation of a surfeit of law, I must say that crimes
occur and criminals know their rights better than their wrongs. Laws, in
fact, are like cobwebs: they catch small flies, but let wasps and
hornets break through.
This is also the cause for why, the vices of the rich and great are
mistaken for error; and those of the poor and lowly, for crimes. It only
proves that the greatest crimes are, caused by surfeit, people who have
much, and not by want. This is also why I say, ours is neither a justice
system nor a just system; it is just a system because; the law condemns
and punishes only actions within certain definite and narrow limits; it
thereby justifies, in a way, all similar actions that lie outside those
limits.
Laws can also be fishing nets in the hands of the government: for
government takes from some persons what belongs to them, and gives it to
other persons to whom it does not belong, and mostly to its own members.
Aside from the fact that the State is itself the greatest criminal,
breaking every written and natural law, stealing in the form of taxes,
killing in the form of war and capital punishment, it has come to an
absolute standstill in coping with crime. It has failed utterly to
destroy or even minimize the horrible scourge of its own creation:
crime. When taxes are, imposed on the basic-necessities such as food,
water, clothing, and homes of people; I call it legal plunder.
Government ought to teach the people by its example. If the government
becomes the lawbreaker through the imposition of unjust taxation -
unjust because such taxation is diverted into the pockets of the
politicians - and imposes unjust laws to cover its dark deeds; it breeds
contempt of the government; breeds contempt for law; it invites every
man to become a law unto himself; it invites anarchy.
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