Justice Does Not Exist

 

The notion of justice often seems so obvious to us that it seems superfluous to discuss it. Everyone seems to understand concepts such as goodness and wickedness, honesty and dishonesty, justice and injustice. Sometimes, we appeal to justice as a god who can intervene on our behalf. However, what we think is right for us may be unfair to others, leading to unpleasant consequences that fuel our distrust. It is as if justice resembles banks, ready to help us when we do not need it and to leave us alone in difficult times. 

Laws of Nature

In nature, between different species, there is no law. While predation may seem contrary to justice, it is in conformity with nature itself. On the contrary, violence within the same species is generally discouraged by instinct, as it threatens the survival of the species itself. Animals struggle for territory or the right to mate, but rarely do these clashes lead to the death of one of the individuals. The strongest will be able to transmit their genes, but it is in the interest of the group that the weakest will not be eliminated, as it could contribute to the genetic diversity and overall survival of the species.

 Within the same species, there is a kind of law, understood as "the behaviors imposed by instinct on all members of the group". Human beings are no exception, but our superior intelligence allows us to transform what instinct imposes into duties shared by all (law), with consequent sanctions for those who do not respect them. 

The Condemnation of Murder

Murder is universally condemned by any human group, as it is contrary to the interests of the species. The punishment applied to the murderer is also in the interest of the community, as it serves to punish or eliminate an individual dangerous to society (general prevention).

These laws multiply and form a coherent whole called the legal order, aimed at social coexistence and not at individual interests, which is called "principle of the otherness of the law".

So, Is There Justice?

However, these reflections are not for everyone. Often, especially among those who are not lawyers, the concept of justice based on personal feelings persists. People do not distinguish between legal and illegal, but between just and unjust, believing that the right should coincide with the legal.

 This is a mistake in two ways. First, it is forgotten that individual judgment on justice is subjective and may not be shared by others. Secondly, the influence of personal interests on the feeling of justice is neglected. For this reason the Romans established the principle: "Nemo iudex in re sua", no one can be a judge if he is personally involved in the matter. 

However, by incorporating the feeling of justice into a written law, objective and predefined, man removes the moral component from the norm. The law is respected "because it exists", because it is "law", an objective imperative that does not require justification. It makes no sense to say "it’s not fair" if that injustice is not provided for by law. On the contrary, the fact that a law can be considered unjust (as in the case of racial laws) does not make it less binding.

The feeling of justice remains essential in the creation of laws, since it guides the legislator in his task. If the "ratio legis" becomes an argument for theorists of law, at the time of the approval of the law it constitutes the very purpose for which it is promulgated. However, once adopted, laws come to life. They are impartial, but also rigid. 

Although the feeling of justice is immortal, in everyday life it is an archaic remnant that should be given up. We can express it, of course, but we must remember that it belongs to the moral sphere, not to positive law. 

Today's Blogger

My name is Carola Micocci, a dreamer who draws inspiration from the world of painting. With an adventurous spirit and a profound passion for art, I express my experiences and reflections in my school blog, striving to capture the beauty of the world through both my brush and the words I craft.