Sunday, October 11, 2020

Law vs. Justice

 

   What is the correlation between law and justice?  I suspect that depends on the particular law being considered.  Law results from the wishes of the political party in power when the law is made.  An example of this would be The US Senate deciding not to hear from witnesses or read documents when acting as jurors in an impeachment trial.  This would be “Blind Justice” taken to an extreme.  Justice is probably a point of view of an individual or a like-minded group.  In its purest form it would be decided by listening to one’s own internal moral rudder.  Lower sources of justice would be: religion, political party, parents, local law, friends or TV news casters.  Here are some of the examples that cause me to ask the question.

   When I was in college, I served tables at a fraternity house.  One of the young men I served was a hero to his brothers partly because he would often get very drunk then get into his Corvette and knock over trash cans or other inanimate objects.  It was laughed about and encouraged by the group.  On one unfortunate weekend the objects were two young college women and they were killed.  His brothers no longer knew him or encouraged his frequent drunk driving.  The law suddenly got very serious and imprisoned him for much of the balance of his natural life.  That’s the law!  Is it justice?  I realize that each time the young man chose to drive drunk, he chose to do something very wrong.  However, he no more intended to kill the young women than he intended to knock over the trash cans.  Would you cage him for life because he killed the young women or because he chose to drunken drive?  Would you cage any of his fraternity brothers for egging him on?  Try to access your moral rudder for the answers to these questions.

  Imagine in a moment of temporary rage I picked up a handgun and fired it at another human being; let’s look at law and justice.  If I hit the other person right between the eyes and ended their life, I would be imprisoned for a long time.  If I missed and smashed up a lamp, it would be a different issue.  If it was a first offence, for the miss, I would probably get my hand slapped by the law and have to replace the lamp.  The difference here is not my intent or my actions.  It is my skill with the weapon that would determine my punishment.  Is that moral justice or is it “the law”?

   Assuming that I am a violent person (I’m not.  I’m a pacifist.) and I’m at a bar and get into an argument, then throw a punch landing on my advisory’s jaw, the man could perhaps become unconscious for a moment or two, or could strike his head on a table corner and die.  What now?  Same punch, same intent.  We are talking about the luck of the fall that determines the rest of my life.  Is that justice?  Our law is often based on random outcome not intent or action taken.

   A young single mom is driving at 10 over the speed limit in Seattle.  She gets a citation for $235.  Bill Gates gets the same ticket an hour later on the same street.  His ticket is also $235.  For the young woman the fine is two weeks of groceries for her and her child.  For Bill, it is hardly an inconvenience.  His secretary would probably write the check and mail it.  Is that equal punishment under the law?  I don’t suspect even Mr. Gates would say it was.  So wouldn’t you say that in a just society annual income would be a factor in determining the amount of a fine?  Bill would be getting multi-million dollar traffic fines (and I am OK with that).

  I had the opportunity to pose these questions to a retired federal judge.  I was interested in her perceived correlation between law and justice.  Her final, irritated, answer to these questions was, “Well, it’s the law!!”

   It would be very difficult in some cases to administer justice based on intent, not outcome, but it would be nice to try.

Cheers, Old Buz  10/11/20

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