Justice in the United States

Justice: A Concept of Giving and Receiving What is Due


Justice refers to the quality of giving and receiving what is due. The concept of justice also refers to actions that demonstrate this quality, and to people who administer laws in society. Over the years, western philosophers have attempted to define justice. Similarly, various groups and societies have sought to provide justice through developing their own legal traditions. In the political tradition of the United States, the Declaration of Independence is the sole best articulation of the principles of justice that govern the nation. Most people agree that for justice to be done, each group or person should be given what is deserved or right, or simply be treated appropriately. However, the ideas of justice and its overall significance to various societies have changed over time. While other nations have embraced other notions of justice, such as the promotion of a specific religion or the rule of the wealthy, American justice falls into criminal justice, civil justice, and social justice.


The Evolution of Justice


The term justice became part of the English language during the Middle Ages (from about 400\u2019s to the 1400\u2019s). The word was borrowed from the Old French word \u201cjustice\u201d which itself came from the Latin word \u201cJustitia\u201d. Justice was used to refer to the administration and execution of laws. It also denoted the persons responsible for administering the law, including the judges of high courts. It is in this light that the judges of the United States Supreme Court are still called justices. As a concept rooted in almost all societies, justice may be founded on traditional practices or on a definite and clear agreement of the members of a community. It may be associated with moral obligation, natural law, or with what is considered useful to society. All these interpretations of justice encompass particular ways of thinking about legal practices, entitlements, and institutions. In writing for the Federalist Papers in 1788, James Madison referred to justice as the end of government as well as civil society. For Madison, justice implied a society in which the members were secure in their property and persons, in which all citizens were governed with their consent, and in which all people enjoyed the rights to liberty, life, and the pursuit of happiness.


Criminal Justice: Punishment for Offenders


Criminal justice encompasses the laws, institutions, and procedures that communities and nations employ to apprehend, prosecute, and reprimand those who violate the properties or persons of others. Therefore, criminal law associates justice with the proper punishment of offenders. For instance, if individuals associate justice with morality or natural law, then justice will be retributive. Retributive justice requires people who break the law to be punished commensurate with the wrongfulness of the acts committed. On its part, civil justice covers a wide array of legal matters that govern the relationships among people in society. These comprise marriage and divorce, the relationship between parents and children, contracts between private parties, licensing of professional or commercial activities, safety and health regulation's, and harms done without criminal intent. However, social justice is the focus of most debates in society and often centers on suppressing inequality. Social justice embraces the idea that the authorities have the obligation to promote social and economic well-being. With social justice, it becomes the role of government to correct the inequalities in economic and social systems and redistribute wealth and income to realize an equal society.


Justice: Linking Equality, Fairness, and Entitlement


Overall, justice is linked to equality, fairness, and entitlement. In most nations, justice denotes the administration of punishments and rewards in line with the principles and rules that society considers equitable and fair. In the United States, justice is regarded as a fundamental purpose of government and civil society; it encompasses social justice, criminal justice, and civil justice. What is evident is that justice is an important element that fosters co-existence in society, and should not only be done but should undoubtedly and manifestly be seen being done.

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