"Fairness vs. Justice" By: Sydney kurihara

Justice: Conformity to God's character
Fairness: Giving everybody the same treatment, treating people the way they'd want to be treated, then being acted on it.

The Principles of BlackStone's Commentaries

The purpose of human law is to "command what is right, prohibiting what is wrong". Human law is not to violate God's law, but to decide what is right and wrong in regard to themselves.

BlackStone classified the law into six types, it's consistent with the Judeo-Christian system of law.

  1. Law as the order of the universe: God created the universe and established it in a way that it could not be tainted with.
  2. Law as a rule of human action: God created humans dominantly and we are supposed to act accordingly.
  3. Law of nature: God set a standard between right and wrong. It's the nature that we know what's right and wrong.
  4. Revealed Law: No human law shall contradict the laws according to God's word. The law is to be found in the Holy Scriptures.
  5. Law of Nations: In order for mankind to be united, they must be necessarily divided into many. If the nations are not united, that will cause greater opportunity for sin.
  6. Municipal Law: No human authority can act without limits.
"God created these laws so that if we don't follow them we can't be happy."

The English Law

English law is the common law legal system governing England and Whales. It consists of criminal law and civil law. The essence of common law is that it is made by judges sitting in courts applying statue and legal precedent. From previous cases.

The Magna Carta

The Magna Carta was an important document in history that set the principal that everyone must be subject to law. Even the king and high officials are guaranteed rights to a fair trial. It established no monarchy as a form of government.

The Judicial Branch

The judicial branch applies and interprets the law. It uses law to resolve disputes.
  • The Judicial Branch rules fairly and impartially in every case by looking at the evidence and applying the law to everyone in the same way.
  • The Judicial Branch is set in place, to decide what is fair, that is the main job.
  • Judges also do not vote with political parties
  • They were hired to give everybody the same treatment.
Judges don't make deCIsions based on their opinion but on what is fair and just.
Judges in court are similar to referees, because they are making tough decisions not based on their emotion, but based on fairness. They also don't allow the audience to influence their decision. Impartial judges apply the law without having favorites. They may appeal to a certain side but they don't play favorites.
Judges also have to be fair to everyone.Fairness means playing by the rules even if you don't win.

The same rules must apply to everyone no matter how they look. Rules must be fair even if you don't like the outcome.

Being fair is a bible foundation. Treating people the way you want to be treated, and hoping one will get treated that way.

Court Cases that Made a Difference

Engel v. Vitale made prayer in school unconstitutional. Yet, many people argued that this violated their 1st amendment right. This decision was not justice.

Lemon v. Kurtzman ruled that states passing laws establishing religious goals was unconstitutional. This developed church and state separation.

Blacks could now get a better education.

Brown v. Education discussed the segregation of colors in schools. Southern blacks weren't getting the equality granted in the constitution. The Judicial branch made the decision that this was not right. Therefore equality stood.

God made us equal. All people were created in His image no matter how one looks, everybody is the same.

Miranda v. Arizona this decision developed the heavier enforcement of the "Miranda Rights". The "Miranda Rights" had to be read once a person was arrested.

Roe v. Wade dwelt with the decision to legalize abortion. It stated that it was the woman's right to decide if she wanted to keep the baby or not. This was unfair and unjust to the baby and according to God's way of Justice.

My Opinion

Justice in our courts should be different. Conformity to God's character is not being instilled in a lot of our situations today. People are still being treated unfairly and judges are just believing evidence instead of digging deeper. God should be the center of our government. Yet, nowadays judges or other people are too focused on theirselves and that's gotta change. The founding fathers set a standard in how our country should act accordingly.

With all the court cases a lot of them are not fair. Abortion is now legal due to Roe v. Wade. It's not fair to the baby, if the parents weren't ready then that's the parents fault. Court cases should be looked over more carefully instead of just comparing it with other cases, there is always room for change.

In terms of fairness, I don't think that many things are fair. People are still getting discriminated by their color and race. Impartial judges have a great job and do many things in fairness. They don't judge according to what they feel but to what is the best decision. The judicial branch could be better in their decisions, many areas in certain states, the crime is so high because no body wants to "protect the hood". So the people in the hood are taking that on bad terms and going out and doing more crime. They don't trust the system enough to put their safety in their hands.

I really hope that things will get better, but all the damage that's already been done with "revenge", there's a lot of work to be done. The things that happen now will terribly affect the next generation. The safety and definitely justice and fairness.

Credits:

Created with images by elljay - "american flag flag red" • Pexels - "bible blur book" • PatrickSeabird - "Fairnesszone" • brittanylynae - "Supreme Court" • Boston Public Library - "Boston Massacre trial notes [page 7]" • WikiImages - "judge court justice" • keijj44 - "football officials referees american football" • keijj44 - "baseball umpire coach" • succo - "hammer court judge" • americans4financialreform - "Boston GS Protest" • sasint - "boys outdoor thailand" • kaghatim - "The Prayer" • Pexels - "dawn daytime grass" • tpsdave - "church desert arizona" • nardb8 - "kids black and white photography" • jarmoluk - "apple education school" • amira_a - "THENOTIONOFEMOTION" • Elvert Barnes - "USPP8.WaterfrontMall.SW.WDC.23sep05" • TawnyNina - "pregnant nature mom"

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