The relationship between law and justice

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The relationship between law and justice, although its basic nature is abstract. It seems to only be the scope of philosophical study. However, sustainability as a relationship between law and justice is always maintained. The historical trajectory of all schools of thought in jurisprudence always strives for justice from any point of view. Either it is viewed as an object or is seen as part of the subject inherent in the personal self.

mahatma gandhi
mahatma gandhi

It must be admitted that all analyses, demolition, deconstruction, and critique of the law at an implementation level are all bound by the will to realize the law in its goal of achieving justice. also read https://forsheylaw.net/dark-history-of-the-law/

Division of Justice

That is why the division of justice that has been put forward by Aristotle until now remains relevant to touch on all actions to defend the law on all sides. The law in terms of forming laws is the official binding of distributive justice (absolute; principa prima).

Whereas the work of judges whose function is to maintain the basis of justice in legislation. It is demanded to be a court that upholds the law in its form as cumutative justice (relative; principa secundaria).

law and justice
law and justice

Both law and justice are abstract. Therefore it is reasonable if there is a multiple perceptions of the law in its definition. Even the legal experts like van Apeldoorn came to the conclusion that they gave nothing about the legal definition. Apeldoorn only stated that the legal definition is very difficult to make because it is not possible to make it in accordance with reality.

Notion of Law

In a similar opinion, Immanuel Kant argued that “Noch suchen die juristen eine definition zu ihrem begriffe von recht”. It means there is no Jurist who can define the law correctly. Nevertheless, it is still important to put forward the notion of law.

At least as a basis to provide initial understanding in order to identify the nature of the difference with other social sciences such as sociology, anthropology, psychology, economics, politics, and so on.

On the basis of research, at least there are ten legal meanings as follows:

  • Law as science which is the knowledge that is systematically arranged on the basis of the power of thought.
  • Law as a discipline that is a system of teaching about the reality of the symptoms encountered
  • Law as a rule, namely as a guideline or benchmark for appropriate and expected behavior
  • Law as a legal system, namely the structure of the process of legal principles that applies at a particular time and place, and in written form;
  • Law as officers, individuals who are closely related to law enforcement
  • Law as a ruling decision for the result of the process of discretion
  • Law as a process of government, which is known as the process of mutual relations between the main elements of the state system
  • Law as a steady or regular behavior
  • Law as an art

Legal Definition

In outlining the legal notions in this paper, it is also important to state the legal definition described by other experts like Kusumaatmadja.

law and justice
law and justice

The basis of its philosophy is so important to describe these opinions. Because Kusumaatmadja succeeded in combining or in other words reconciling all schools of thought in jurisprudence. So that the legal theory that had been defended by each of their schools. They met in one unity of understanding as Kusumaatmadja called it “the legal system”.

Completely, the law is defined as “Law and Developmentā€ which is a set of rules, principles, legal institutions and any processes that bind its validity.

aristotle
aristotle

The scope of the “rules, principles and institutions” in defining the law is a defining channel that summarizes the natural law school as well as the positivistic school of law. Whereas “the processes that bind their enforceability” are none other than the non-legal factors. Which are the center of the study of the flow of legal history and the flow of legal realism.

Between Law and Justice are interrelated as two sides of a coin. Law without justice is like a body without a soul. Whereas justice without the law will be carried out in accordance with the wishes or intuition that in making decisions has a broad scope of discretion and there is no connection with the set of rules .

 

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