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In its broadest sense, justice is the idea that individuals should be treated fairly. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a codification of Roman Law from the sixth century AD, where justice is defined as "the constant and perpetual will to render to each his due".
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.
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic ...
The idea of a just society first gained modern attention when philosophers such as John Stuart Mill asked, "What is a 'just society'?" [3] Their writings covered several perspectives including allowing individuals to live their lives as long as they didn't infringe on the rights to others, to the idea that the resources of society should be distributed to all, including those most deserving first.
First, the "social thesis": law is essentially a human creation and therefore its content is ultimately determined by social facts, such as acts of legislation, judicial decisions, and customs. Second, the "separation thesis": law and morality are conceptually distinct phenomena and therefore a norm can belong to the law even if is unjust or ...
Necessity knows no law but makes law. ~ Gratian Because just as good morals, if they are to be maintained, have need of the laws, so the laws, if they are to be observed, have need of good morals. ~ Niccolò Machiavelli, Discourses on the First Decade of Titus Livius (1965), trans. Allan Gilbert, book 1, chapter 18, p. 241.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Political naturalism is a political ideology and legal system positing that there is a natural law, just and obvious to all, which crosses ideologies, faiths, and personal thinking, and that naturally guaranties justice.