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Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
In contrast, Law and Justice stressed its "social" character, pledging policies that would help the poor. The party attacked Civic Platform's flat tax proposal and advocated a much more active role of the state in the economy. Law and Justice also made "an offer to the left", stressing its economically left-wing policies. [75]
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
Justice, in its broadest sense, is the concept that individuals are to be treated in a manner that is equitable and fair. [1]A society in which justice has been achieved would be one in which individuals receive what they "deserve".
Mustazza has commented on the topic of law versus justice, noting that the male characters were focused on following the law while the female characters were trying to pursue justice. [6] He further wrote that the men's behaviors showed the differences between the characters, as they didn't acknowledge the abuse the wife suffered and instead ...
In what has come to be known as the Radbruch formula, he argued that in general an unjust law must be recognised as law, "unless the conflict between statute and justice reaches such an intolerable degree that the statute, as 'flawed law', must yield to justice" or, more precisely: "Where there is not even an attempt at justice, where equality ...
However the reciprocal justice applies across social boundaries: the "eye for eye" principle is directly followed by the proclamation "You are to have one law for the alien and the citizen." [31] This shows a much more meaningful principle for social justice, in that the marginalized in society were given the same rights under the social structure.
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, [1] with its precise definition a matter of longstanding debate. [2] [3] [4] It has been variously described as a science [5] [6] and as the art of justice.