Justice and The Law
Justice and the law
Justice can be categorized as distributive or retributive justice. Just distributive asses how political entity distributes resources to its members while retributive justice determines how the society determine innocence and guilt, and how it determines the best penalty for guilt. Procedural law is concerned with individuals getting what they rightly deserve according to their behavior. Therefore, the proposed sentencing guidelines include the characteristics of crime take into account and characteristics of criminal taken into account. According to Aristotle, there are some problems associated with justice. He saw justice as a commodity for sale and advocated for best justice that money can buy. Law is indeterminate and comes from two perspectives that is the transcendental natural law perspective and the evolutionary perspective. The transcendental natural law examines the belief of moral relativists. Social scientist warn against passing moral judgment on other culture. Some believe absolute moral standards of right and wrong that transcends time and culture and are universally applicable exist.
On the other hand, evolutionary perspective consider law as natural. That is to say it emanates from the evolved nature of Homo sapiens. This perspective seeks empirical support for views through study of behavior. Evolutionary perspective poses that choices become norms. It is concerned with what is rather than what ought to be. Evolutionary perspective as a source of justice denotes that morality as a challenge to exploitive behaviors. Moral outrage is perceived as a basis for revenge. Desire to punish has built-in physiological basis. Evidence shown in the brain scans. It is crucial to understand that law and justice are not identical. They can be in accordance with one another or furthest thing or further thing from it. The rule of law concerning due process depicts is defined as a set of instructions informing agents of states how to proceed with those suspected of crimes when outlining ruling to seek equity. This follows various models such as Cesare Beccaria and reform, Herbert Packer’s model of criminal justice and the crime control model.