Justice is an abstract concept
I love chocolates, I love freedom, I love mom, I love my dog, I love April in Paris, etc. When we abstract (disassociate from any instance) we remove the contingent (unpredictable). When I abstract all of this lovin I am left with that which is ‘necessary and sufficient’ I am left with an emotion. When I attach this abstract idea of ‘love’ to these other entities I have a specific instance of an abstract idea.
Is the emotion attached to each one of these abstract ideas exactly the same? I suspect no one knows or can know.
In “A Theory of Justice John Rawls seeks to discover the essence of the concept ‘justice’. To do this he uses a technique he calls a “veil of ignorance. To discover the essence of justice one can, while covered by a veil of ignorance, discover what s/he feels ‘in the gut’ just what justice means.
Under the veil of ignorance, like the juror who disregards something said in court at the command of the judge, the individual disregards their station in life to determine what principles they would desire a society to have. ‘Justice is fairness’ is what the rational person chooses to enter if they knew nothing else about that society.
Like the example of abstraction with the concept love so the abstraction of the concept ‘justice’ would yield ‘justice as fairness’.
Justice is an abstract concept
Justice is an abstract concept
So does justice lie with the jurors gut decision of fairness, or with the judges judicial decision based on their knowledge of law.
Is it not more often that the jurors gut is biased? Not saying that the judges ruling is without prejudice.
I guess I am repeating what you have already stated above.
That's me. Mr. Obvious.
Is it not more often that the jurors gut is biased? Not saying that the judges ruling is without prejudice.
I guess I am repeating what you have already stated above.
That's me. Mr. Obvious.
Justice is an abstract concept
JacksDad wrote: So does justice lie with the jurors gut decision of fairness, or with the judges judicial decision based on their knowledge of law.
Is it not more often that the jurors gut is biased? Not saying that the judges ruling is without prejudice.
I guess I am repeating what you have already stated above.
That's me. Mr. Obvious.
It seems to me that in a court situation the judge is there for the purpose of confining the matter, as much as possible, into a rational decision by the jury. The judge carefully defines what law a decision must be based on and the judge keeps all extranious matters out of the equation. In court I would say that humans come as close to being rational as they ever come.
Is it not more often that the jurors gut is biased? Not saying that the judges ruling is without prejudice.
I guess I am repeating what you have already stated above.
That's me. Mr. Obvious.
It seems to me that in a court situation the judge is there for the purpose of confining the matter, as much as possible, into a rational decision by the jury. The judge carefully defines what law a decision must be based on and the judge keeps all extranious matters out of the equation. In court I would say that humans come as close to being rational as they ever come.
Justice is an abstract concept
coberst wrote: It seems to me that in a court situation the judge is there for the purpose of confining the matter, as much as possible, into a rational decision by the jury. The judge carefully defines what law a decision must be based on and the judge keeps all extranious matters out of the equation. In court I would say that humans come as close to being rational as they ever come.
Maybe, at least things are discussed rationally in court. There are still to many irrational variables in the "justice" system that affect the outcomes. The personalities of all involved, the ability of the jury to understand the evidence, what the defendant looks like..I think it's pretty much a crap shoot sometimes.
Justice is not always fairness IMO. Often justice is revenge in our society. Justice is often a result of one's socio-economic postion, or the ability of a lawyer..
Maybe, at least things are discussed rationally in court. There are still to many irrational variables in the "justice" system that affect the outcomes. The personalities of all involved, the ability of the jury to understand the evidence, what the defendant looks like..I think it's pretty much a crap shoot sometimes.
Justice is not always fairness IMO. Often justice is revenge in our society. Justice is often a result of one's socio-economic postion, or the ability of a lawyer..
You have the right to remain silent. Anything you say will be misquoted, then used against you.
Justice is an abstract concept
Well put, Zinky.
And noone even mentioned O.J.
Indeed the judge is there to see to it that no unecessary crap is brought into the discussion intended to reach a verdict. But who is to say the judge is capable?
Through my custody hearings I had to sit before the same judge many times.
I found her to be as tired of her job as a postal worker. All men were scum to her.
All men are deadbeat Dads. The minute you sit in front of her, you are an enemy.
While waiting for my call one day she came down the hallway sporting a broken leg.
She stopped right in front of me and told an attorney she couldn't do this without her
Darvocet.
Needless to say she was in a very happy mood that day.
I should have brought some Jack and Coke.
We could have had a nice party.
And noone even mentioned O.J.
Indeed the judge is there to see to it that no unecessary crap is brought into the discussion intended to reach a verdict. But who is to say the judge is capable?
Through my custody hearings I had to sit before the same judge many times.
I found her to be as tired of her job as a postal worker. All men were scum to her.
All men are deadbeat Dads. The minute you sit in front of her, you are an enemy.
While waiting for my call one day she came down the hallway sporting a broken leg.
She stopped right in front of me and told an attorney she couldn't do this without her
Darvocet.
Needless to say she was in a very happy mood that day.
I should have brought some Jack and Coke.
We could have had a nice party.