The United States Judiciary Branch is subject to critisism on the topic of justice vs. fairness. Throughout history, the courts have made rulings that are either fair or just. Works, such as "Commentaries of the Laws of England," have shaped the way the judicial system functions.
Justice ( a conformity to God's character) is a term used today to mean something totally different, but it will always be a guidline for both the Christian life and for the judges that sit in the courts. The nation's founding fathers built our first laws and our Constitution on just grounds, yet now they tend to be taken the wrong way.
Blackstone's book is a peice of liturature that the American judicial system has used and still uses as a reference for how they operate today. The different laws and rights listed in his book have been utitized by judges and proudly claimed by Americans since 1765. He clearly states how important the law God has given us is and tells how corrupt man's thinking is. This shows how dependent we need to be to God so we can thrive as a people. The right of personal liberty and security and the right of private property are shown in this text. Blackstone clearly expresses these as rights because they are things God has given people and these rights should be given to all people, not just to British or Americas.
As a people, Americans typically want what is fair. We teach that we need to play fair, share with people, and treat other how we want treated from kindergarten. Fairness is what all people want, whether they want to be fair or not. Sadly, sometimes we mistake the meanings of fair and just. Fair means in accordance to the rules, whereas just is being in accordance with God's character. People say that something (ex. playing by the rules) is just, but in reality it is fair. Being fair isn't wrong, but you can't mix up being just and being fair.
An important part of preventing the mix up of these two principles is balance. Judges need to balance being fair and just, while not going against God's words and commands. This takes the capability to discern and an understanding of Scripture. The only way to understand is to study. A judge needs to be just before he/she can can make just decisions and rulings. Can there be a just decision that isn't fair? Of course there can. If God says something is wrong or right it should be treated as such.