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How could you explain JUSTICE? is it really achievable?

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Question ajoutée par ali tajaddini , Site manager , Bayestesazan-e-Pars
Date de publication: 2015/12/31
Ariful Hoque
par Ariful Hoque , Associate Lawyer , The Law Counsel

Justice by the nature. So that it will be determined by the human being for social development and resolving the issues of problems. Yes it is achievable. 

Luana Silva Nobre
par Luana Silva Nobre , Adviser , Permanent Observer Mission of the African Union to the United Nations – Adviser

The context justice and achievement of justice is oftentimes confusing. This happens because each and every individual has its own perspective of what justice is that is according to personal experiences and beliefs. When analyzing its broader sense, justice is action that is in accordance with the requirements of some law.

Throughout history, there has been the many interpretations of the concept of "justice," with some have maintaining that justice stems from God's will or command and others believing that justice is inherent in nature itself. The most prevalent and accepted interpretation of justice is that it consists of rules that are common to all humanity that emerge out of some sort of consensus. This type of interpretation puts  justice above a society's own legal system. The prevalence of this interpretation allows for the creation of universal rules of justice, that are common to all human beings, and therefore, should be protected and institutionalized within every society's legal system. Due to the transcendental aspect of this concept of justice, it creates within a society a system of fair share of benefits and burdens.

 

Whether justice is achievable or not, must be analyzed with the context of social justice. This touches upon the rules of fair play and the transcendental aspect of justice. Justice is achievable if there is ingrained concept of universal laws or rules within a society's own legal system and social mentality. The intermarriage of these two allow for the development of different types of justice: (1) distributive justice, concerned with determining fair share of a particular good; and (2) retributive and restorative justice, concerned shaping and responding to activities that violate a society's concept of fair share. It is only when a society has accepted the commonality of justice to all of humanity and developed its own legal system and social mentality to create a system of fair share of benefits and burdens that accepts the universality of justice, that justice can truly be achieved.