Law, Not A Court Of Justice

3077 WordsAug 9, 201513 Pages
“THIS IS A COURT OF LAW, NOT A COURT OF JUSTICE” Introduction It is a common assumption that law and justice are the same things and that the law’s sole purpose is the advancement of justice. Many people wonder whether there is a difference between law and justice: the foregoing play different roles in the legal system albeit having a few similarities. Societies regard the law as a tool that they use to get justice. On the other hand, justice is the ultimate target that societies have endeavored to realize since the evolution of humankind. The law has evolved from the ancient law such as Hammurabi, Babylonian and roman laws to contemporary law; as the law evolves throughout time, so does the society’s grasp of the concept of justice. The assertion that the courts of law ought to decide cases as per justice as opposed to the law; the foregoing establishes whether a connection exists between law and justice. The question as to whether “justice is part of the law or merely a moral judgment about law” has troubled legal and political philosophers. The scope of this essay is to use critical lens to discuss Justice Oliver Wendell Holmes’ famous words “this is a court of law, young man, not a court of justice,” in the context of the Australian court system. An overview of the Australian court system A criminal justice system comprises of practices and institutions set up to control/mitigate/deter crime and inflict penalties on those who violate laws put in place. The criminal

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