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12 - Justice

from PART 4 - RIGHTS AND JUSTICE

Suri Ratnapala
Affiliation:
University of Queensland
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Summary

Justice is a universal aspiration, and the sense of injustice is a powerful human emotion. It is strongest when a person's own interests are harmed, but is also aroused in civilised people when they witness wrongs done to others. Widespread and unrequited injustice inevitably leads to conflict. A society that does not have justice as a governing principle is an unstable society that will be held together, if at all, by force. Justice is also a perennially controversial idea in human affairs. People are united in their belief in justice as an ideal, but are divided on what justice means or requires. Many conflicting claims for material goods are made in the name of justice because of its emotive power. Justice has no universally valid definition. It means different things to different people and its requirements may change over time. Different kinds of justice are not always in harmony. One person's claim for legal justice may conflict with another person's demand for distributive justice. The legal requirements of procedural justice may constrain the pursuit of substantive justice, as explained further below.

Justice is not exclusively a jurist's concern. It is at the centre of moral and social philosophy. I will not attempt the futile task of surveying, within a book chapter, the vast body of legal and philosophical literature on justice from the time of Plato to the present day. My aim is to explore the main connections between law and justice.

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Jurisprudence , pp. 318 - 357
Publisher: Cambridge University Press
Print publication year: 2009

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  • Justice
  • Suri Ratnapala, University of Queensland
  • Book: Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168427.012
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  • Justice
  • Suri Ratnapala, University of Queensland
  • Book: Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168427.012
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Justice
  • Suri Ratnapala, University of Queensland
  • Book: Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139168427.012
Available formats
×