Is justice a human construct or is it independent of humans? Justice is the right or best ordering of the relations between human beings and even of the parts of ourselves within each of us. The flipside of justice is the common good of the whole, and the fruit of justice is the peace that comes from the harmony of the parts working together. Justice, then, as we commonly refer to it is indeed human, and depends upon what human beings are and ought to be. Since humans can and do disagree on what we are and should aspire to become, we disagree about what is just.
In law school they tells us justice is a process not a result. If the laws are “wholesome” in that they reflect the majority’s opinion of what should be and what should not be then application of the legalistic rules associated with due process should usually produce a result most would call just. If the laws are unwholesome and at odds with common sense and popular opinion the legal system will usually produce unjust results.
Whether some result is just or unjust necessarily depends on how congruent the law is with the jurisdiction’s culture and popular opinion. Just results are few and far between in the US these days.
In law school they tells us justice is a process not a result. If the laws are “wholesome” in that they reflect the majority’s opinion of what should be and what should not be then application of the legalistic rules associated with due process should usually produce a result most would call just. If the laws are unwholesome and at odds with common sense and popular opinion the legal system will usually produce unjust results.
Whether some result is just or unjust necessarily depends on how congruent the law is with the jurisdiction’s culture and popular opinion. Just results are few and far between in the US these days.