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Summary. Justice can mean either lawfulness or fairness, since injustice is lawlessness and unfairness. The laws encourage people to behave virtuously, so the just person, who by definition is lawful, will necessarily be virtuous. Virtue differs from justice because it deals with one’s moral state, while justice deals with one’s relations ...
The Republic is a dramatic dialogue, not a treatise. Socrates' definition of justice is never unconditionally stated, only versions of justice within each city are "found" and evaluated in Books II through Book V. Socrates constantly refers the definition of justice back to the conditions of the city for which it is created.
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One could argue that a definition of justice should be the product of reflections about justice, rather than a starting point. In the case of evaluative concepts such as liberty, democracy and justice, the distinction between defining and advocating is extremely hard to make. Any such definition presupposes certain values and those values ...
- Wojciech Sadurski
- 1985
- Anthony D'Amato
- CONCLUSION 581 [pg528] INTRODUCTION
- I. A FALSE START: "LET'S DEFINE OUR TERMS"
- III. THE CASE FOR JUSTICE
- FN36
- IV. JUSTICE IS PART OF THE LAW: A HYPOTHETICAL CASE
- CONCLUSION
- FN26 HANS KELSEN, GENERAL THEORY OF LAW AND STATE 14 (1945). Lon Fuller later made
Northwestern University School of Law, a-damato@law.northwestern.edu
Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. An example of the latter is when we speak of an "unjust law." Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to su...
It is natural to think, at first blush, that if our task is to look at the connection between law and justice, our best beginning would be to define law and justice. We might wish to have an exhaustive, definitive account of what "law" is, building on theorists from Plato, Aristotle, and Cicero down through the positivists Bentham, Austin, Kelsen, ...
I want to begin the task of refuting the claims made in the preceding section. The capstone of my argument will take the form of an extended hypothetical example (a traffic regulation), in [pg539] which I attempt to demonstrate that justice is an inextricable part of law. But before we get to that demonstration, let me discuss in more general terms...
Allow me to anticipate the objection that might possibly be taking shape for you. It may go something as follows: "O.K., you're trying to convince me not to worry about justice being an [pg546] indeterminate substitute for law in judicial decision-making, because you say that law is also indeterminate. You haven't yet argued that justice is more in...
A. Case and Criteria The argumentative use of hypothetical cases not only characterizes good classroom teaching in law schools,FN68 but is found in questions judges ask from the bench during oral argument and in many other areas of law study and practice. My intention here is to use a single, extended hypothetical case to prove the proposition that...
If the preceding hypothetical case strikes you as a generic one-applicable, with modifications, to any real-life situation where a statute impacts human behavior—then I hope I have proved that it is legally impermissible to omit “justice” considerations from the interpretation and application of statutes. For the “justice” considerations are built ...
the same point in his discussion of the "internal morality of law." See LON L. FULLER, THE
- Anthony D'Amato
- 2011
definition of 'miscarriage of justice' in section 133. In the case of Adams the meaning of 'a new or newly discovered fact' was also at issue. Adams's conviction in 1993 was founded on the evidence of a single wit-ness, supported by that of two police officers. His conviction was quashed 5 [20111 UKSC 18; [2011] 2 WLR 1180. 6 ibid at [35].
Each case brief is clearly organized to ensure that you can find the information you need when every second counts. The facts section contains a concise summary of the legally relevant facts of the case and a summary of the procedural history. The issue is the legal question the court had to answer to resolve the case.
summary justice. in The Oxford Essential Dictionary of the U.S. Military Length: 27 words. Search for: 'summary justice' in Oxford Reference ». A trial or other judicial action accomplished swiftly and without observance of certain formalities of legal procedure, with the connotation of arbitrary and unfair judgment.
