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Todays Justice System - Essay Example

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Justice is the bedrock on which stands the framework of any growing and vibrant society. The primary purpose of justice in any rational society is to ensure moral propriety and honesty in all the spheres of life by raising a system of accountability that is just the right mix of ethics, philosophy, theology, integrity, fairness, rationality and natural law (Pojman, 2005)…
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Todays Justice System
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Todays Justice System

Download file to see previous pages... However, there is no denying the fact that justice also happens to be a highly subjective concept, which is often susceptible to diverse interpretations. What may seem just to a person or a group may sound unjust or partial to many other. In that context, it will be interesting to have a look into the concept of justice as per Confucius, Machiavelli and Lao-tzu, to facilitate a bit better understanding of the contemporary justice system.
The Confucian concept of justice is woven around the notion of 'gong', which if roughly translated means 'impartiality' (Cleary, 2000). Hence, Confucian dogmas strongly instruct the state and the justice system to resolve and solve the social conflicts and differences without resorting to any sort or form of discrimination or partiality. According to Confucius, the overall sense of direction and moral health of any society depends on the extent to which virtue and uprightness manage to permeate the social, commercial and personal spheres of life (Cleary, 2000). Therefore, the people only tend to develop a strong affinity with propriety if there prevails a sense of justice in any society. ...
Therefore, the people only tend to develop a strong affinity with propriety if there prevails a sense of justice in any society. It is understood that justice to Confucius meant absolute fairness and total absence of any sort of favoritism. Thus, in the given context, the fair and equitable distribution and allocation of national resources and opportunities of growth constitute an integral part of the Confucian concept of justice (Cleary, 2000). Confucius favored a concept of justice that distinctly favored the marginalized and weaker sections of the society and ensured their well being and safety.
Contrary to Confucius, the Machiavellian concept of justice is blatantly opportunistic. Machiavelli holds that the means are always subservient to the ends (Machiavelli, 1984). Thus, the direct premise of this line of reasoning is that the state or the political authority can resort to any line of action while dispensing justice, provide the delivered verdict or conclusion aid and abets the political authority in achieving its coveted and vested aims and objectives (Machiavelli, 1984). Therefore, according to the Machiavellian notion of justice, justice does not happen to be a means to disseminate a sense of fairness in the society, but a tool to further the interests of those in power. Justice merely dwindles to being a convenient tool rather then being an exalted institution and a reliable pillar of social stability. To Machiavelli, virtue and fairness meant any thing that furthered the narrow interests of the state (Machiavelli, 1984). In the Machiavellian concept of justice, preservation and protection of the realm takes preponderance over everything else.
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