PhilosiohyThe Legal System of Nations in the Lives of People - Essay Example

Metaphysics & Physicality in Law of Your INTRODUCTION In most court and legal proceedings, people present their arguments and evidence about issues and matters in a way and manner that is empirical (Eisenberg, 2012). This is because as Aristotle puts it, the definition of law is reason minus passion. Hence, there is the need for the court to conduct its affairs by sticking to recognized and physical evidence as opposed to issues of metaphysical nature which will cause judges to sway into various emotional decisions which will pervert justice and downgrade the essence of the judicial system in nations. To this end, many people believe that empiricism in the legal system must involve the presentation of physical and tangible matters and situations. Some philosophers on the other hand argue that physicality is not the only thing that matters in law, but metaphysical thoughts and ideas have a place in the legal system (Kant & Ladd, 2009). This paper argues that in the philosophical proposition that the legal system is purely empirical and based on physicality only is not true, and there is the need for legal minds to integrate elements and aspects of metaphysics to preserve justice. JUSTICE AND PHYSICALITY Justice reflects the concept of fairness and an attempt to provide some kind of equality as a means of bridging the gaps between two different parties making opposing claims (McMahon, 2010). Other authorities define justice as a concern for peace, fairness and equal treatment or respect for people. Justice refers to impartiality and the use of objective processes and systems to hand decisions on a case involving competing parties without prejudice but based on the facts at hand (Young, 2012). The fact that justice must be perpetrated through fair means and balanced means implies that justice must be carried out in a way and manner that is transparent and viewed by everyone as fair and equitable. Hence, the concept of justice has a connection to evenness and the conduct of affairs in a manner that all persons can see to be free of bias and prejudice. In that case, it can be said that justice must be perpetrated through the use of physically verifiable methods and systems. The term “physical” implies that something relates to a tangible process or procedure as opposed to a process that is rather mental or psychological (Kant & Ladd, 2009). This implies that in the court situation, there must be the provision of just and fair matters that can be perceived by all people in a physical way and manner. This is because justice is about the wider society viewing processes and judgments or decisions to be fair, rather than through things that people subjectively or physically view to be right or correct. Empiricism implies that knowledge is acquired through the examination of physical processes and orders to come up with conclusions based on the things that exists or is seen through objective observation (Kant & Ladd, 2009). This is because empiricism is important and vital for the attainment of results and for the conduct of legal enquiries. Therefore, it is imperative for people to view things from an empirical light to be given the right treatment and the right attention in the legal systems. IMPORTANCE OF METAPHYSICS In spite of the centrality and importance of physicality and empiricism in the legal system, it must be said and stated that empiricism is not the only way through which issues can be examined in the legal system. This is because the human nature is such that our lives have elements and aspects that are essentially metaphysical in nature. Metaphysics is based on abstract theories that explain phenomenon and it is not really based on the reality (Young, 2012). This plays an important and central role in the human society because many aspects of our lives are based on metaphysics rather than empiricism. The way a person feels about another person might not have any realistic basis. It will be purely metaphysical and this is one of the main bases on which people do things and conduct affairs. A man might meet a woman he has never met at any point in his life, fall in love with her and decide to share his who life with her. This is a drive that pushes a person and causes a person to do things. This might not sound rational because that man might have a mother who has done a lot of things for him in his life. However, the irrational feeling or sentiment he might have for a complete stranger might cause him to spend the rest of his life with a complete stranger. The foundation of society is based on religion. Until the 16th Century, most nations and communities had rules that were mainly religious and spiritual in nature. This formed the basis and foundation of the social codes of people and this has a far-reaching influence and impact on the way people behave and the way people conduct affairs in their lives. These processes have seeped into the current society and it shapes human behavior today. Thus, the two elements – sentiments and religion play a major role in the lives of people. This forms the basis of conduct and the basis of legal matters and issues. This is because the way people feel and the way people go about their affairs causes them to do various things and conduct various affairs. And this is essentially the reason why the legal system exists in the first place. This is because if everyone was to live his life within a system of empirical correctness and empirical righteousness, there will be few or no cases for the courts to deal with in the first place. Hence, there is a central aspect and a central role of sentiments, beliefs and metaphysics in the social arrangements for different people and different sections of the society we live in. This means that metaphysics is important to the running of the society and hence, the legal system cannot remain purely empirical or physical in its outlook. MORALITY AND ETHICS Ethics and legal systems and structures which support empiricism developed from morality. The moral elements and aspects of life create a method and a process through which human emotions and human sentiments could be managed and controlled. As identified above, the human mind and actions are controlled by subjective feelings and sentiments. Thus, religion, which was the fundamental system that shaped human society evolved by building moral codes and ethics that formed the foundation of the society and the community. These morals were purely based on metaphysics. And it was created to check subjective feelings and sentiments of people. Hence, society had to evolve and be modified to deal with the needs and expectations of different parties and different components of the society. Morals and ethics are mainly central and important to the legal system. This is because most legal systems were codified from a foundation of morality. This is because moral codes were crystallized into ethics and these ethics were codified into laws that were enforceable by the state. Hence, the emphasis on metaphysics and subjectivity is bound to find its way and its significance in the society. Therefore it can be said that the justice system of any nation has to be arranged in such a way that it will embrace the core elements of empiricism. This is because metaphysics and morality have a major aspect and a major process. This is because long before modern nations and modern legal systems were set up, nations had metaphysical methods and processes of ensuring that people did the right thing. In relation to religion people were warned of punishments and curses that could befall them whenever they did wrong things and things that were deemed to be inappropriate. Society also conjured important processes and aspects like taboos and social punishments to prevent people from doing things that were seen to be wrong and inappropriate. SYNTHESIS OF METAPHYSICS AND PHYSICALITY IN LAW Metaphysics involve the subjective views of people and the emotions of persons. This is an important aspect of the decisions people take and it is important to consider this and not overlook it in any social setting. Since society is such that cases and issues ought to be judged fairly, there is the need for the integration and inclusion of this all-important aspect of human life in the judging of people and in dealing with issues. The emotions of people and human beings are important and central in the conduct of people. This therefore means that in cases and in legal matters, there is the need for the quantification and the provision of objective and fundamental standards and regulations to deal with the measurement of subjective ideas and subjective thoughts. This therefore creates the room for the quantification and integration of metaphysics and subjective ideas into the legal system and the legal structures. This provides the basis for the quantification and provision of metaphysics as a part of the legal system. This therefore means that empiricism and physicality in the narrow sense is not the only way through which cases can be analyzed and evaluated in court cases. Rather, there is the need for subjective elements and subjective aspects of life to be integrated into the legal setting to provide the right framework and process for the holistic and comprehensive integration of ideas and concepts to deal with issues and matters. Also, ethics, ideas and concepts in the social sciences are hardly objective. Theories and concepts in cases and issues like law and its related rationales are mainly deduced from social sciences and other metaphysical matters and theories. This therefore means that these metaphysical views are the foundation for the conduct of legal analysis and legal reviews. Thus, there is the need to consider these metaphysical ideas as equivalents of empirical legal rules as they form the basis and foundation for the conduct of proper and thorough legal analysis. Moreover, a large section of society is influenced significantly by religious and spiritual matters. It is therefore not practical for justice to be served by focusing only on empirical matters and shunning the beliefs and codes of the different religions of society. Hence, society can be seen to be one in which these empirical matters are central to the success of people. CONCLUSION This paper identifies that the legal system of nations is not purely empirical. Rather, due to the fact that human beings are subject to the subjective thoughts and ideas and views, it is not practical to maintain a legal system that is free of metaphysics and solely based on empiricism. Also, religion plays a crucial role in the lives of people. Metaphysics also play a central role in the formulation of legal concepts. Hence, there is the natural tendency for nations and communities to have a legal system that tries to integrate aspects and elements of metaphysics in its legal system to balance the empirical position taken by judges and lawmakers. Bibliography Eisenberg, A. I. (2012). Reconstructing Political Pluralism. New York: SUNY Press. Kant, I., & Ladd, J. (2009). Metaphysical Elements of Justice: Part I of the Metaphysics of Morals. New York: Hackett Publishing. McMahon, T. F. (2010). Ethical Leadership through Transforming Justice. Lanham, Maryland: University of America Press. Young, I. M. (2012). Justice and the Politics of Difference. Princeton: Princeton University Press. Read More