An anonymous ancient Greek "produced" the following proverb:
"Laws are made like spider webs. The little insects get caught but the big insects just break through."
So, apparrently even in older times: Laws do not justice make. Even if they are justful, in some cases they tend to be overlooked, bent, or applied in a way that is convenient to the "powerful" people -whatever kind of "power" they may have-. There might also be laws with exceptions, that can be misinterpreted or even conflicting laws. So, is there no total Justice to be had from laws and if no, why nd how can it be fixed? To answer this question, we must ask ourselves: "What is Justice" and "What are laws"?
I'd say Justice is an ideal state, and mostly subjective too (for example the arguments for and against capital punishment, some people argue that killing is the ultimate justice, others that you cannot become ourselves unjust in order to bring justice) and Laws are the rules by which a group of people manage to live together and are accepted by the majority of the group. So, in order for "laws to bring justice", the group of people -and even more their appointed law makers and law setters- must want exactly that and make laws to this purpose. I'm no sociologist, but i'd say that history shows us that pure Justice is *not* what people usually want in order to live together, even if pure Justice could ever exist.
What people in a group want, in my opinion, is to be able to live their lives "safely and relaxed". That translates easily into the "weaker" casts being fed the bare necessities, both in economy and justice so as not to be discontent and the "stronger" ones getting the lion's share, even in Justice. So, Laws will reflect this tendency, by being exactly that. Of course there is the issue of laws eing just, but the "justice control system" being weak and corrupted, but this is a topic for the second part.
Τα ταξίδια του 2010 (μέρος 2ο)
7 years ago