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Law and Justice Relationship Philosophy - Assignment Example

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This paper "Law and Justice Relationship Philosophy" focuses on the fact that according to Aristotle, while all persons share a common "nature," some persons can acquire by engaging in habitual behaviour something like a "second nature" that is as much a determinant of their actions. …
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Law and Justice Relationship Philosophy
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Download file to see previous pages Plato suggests powers exercised by a ruler are governed by customary and community rules. Decisions are made by the minds of the rulers and their delegates. Humans have some innate knowledge of what is important and good in human life and because of this, we should not be constrained by laws and rules but by what our minds tell us what is right and just in the circumstances.
The laws do not expressly provide on how to deal with this specific situation and judgment must then be made on moral principles. Permanent laws are incompatible with changing demographics and technology. Laws must change at the same pace with the rest of society to maintain society's current perspective of justice and righteousness, but time delays in passing laws preclude this. Still, now, the public waits for tougher dog laws to be passed on pit bulls and others alike. Even worse, there is no guarantee administration will be efficient. Here, Plato argues, rules fail to meet the differences of time and there is a need for rulers to exercise discretion as it encourages efficiency.
Where rules fail to take into account specific, exceptional cases, Aristotle claims, equity should apply. Judges should correct errors of the law, rising from oversight by the lawmakers, given there are rules to be corrected in the first place. This is, therefore, an argument to being ruled by laws. He favours rule by democracy where government by a collective of good men is better than being ruled by an absolute king. Decisions ought to be made by a democratically-elected assembly. Unlike Plato's idea of permanence, offices and positions will be rotated; enforcing the idea that everyone is equal and everyone should both rule and be ruled.
The practice of using legal precepts to decide disputes was criticized by American Legal Realists as either redundant or pernicious. Disputes, it is said, should be decided justly. Where legal precepts recommend a different result than that recommended by justice than following the rules are pernicious.   ...Download file to see next pagesRead More
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