Meaning of justice
Justice is the act of conducting punishment or a reward where it is deserved without favoritism. The difference between a just law and an unjust law is that the former is the code made by man that defines moral standards and goes hand in hand with Biblical studies. Conversely, an unjust law is the one that does not define moral standards. The following are some examples of just laws that every nation should observe; murder, rape, torture, violence and theft should be termed as unlawful. On the other hand, every citizen should be given freedom of religion. Similarly, marriage should be between one man and one woman.
Characteristics of just laws
Additionally, there are defining characteristics of just laws. First, a just law treats everyone equally although, this might not be the same in all cases. They should not create inequality or injustice. For example, men and women should be treated equally in terms of employment and payment. Second, they are made for the benefit of a society as a whole even though these laws might be a disadvantage to some individuals. Third, they should not have harsh effects on any individual. The laws should be fair and individuals can appeal to a decision. Forth, they are known to every citizen, for example, when traffic laws change. Finally, they should aim at resolving disputes as soon as possible (Kohlmeier & John 548).
Goals and effects of just laws
The goals and effects of just laws is that they balance the rights of individuals with their obligations as members of the society. For example, when one is given the legal right to drive, a driver should ensure that he or she follows the laws of the road. Just laws aim at maintaining peace and order within a nation or society. Even in a well organized nation, people tend to disagree and conflicts arise in the process. If there were no laws, the world is likely to be chaotic since every individual will go about their activities without considering the other (Kohlmeier & John 548). For example, a nation that has no traffic rules, drivers are likely to choose which side of the road they want to drive on without anyone stopping them. This might cause commotion everywhere making it dangerous to live in such places.
Just laws are created in accordance to nature. Government officials come up with laws that correspond with biblical studies . They are long lasting and most nations put them into practice. It directs individuals on what is right by commanding them to do certain things and also prohibits them from doing what is wrong. Just laws are foundations of peace for all nations. For a just law to be enforced, the truth should be differentiated from what is false and right should be distinguished from what is wrong. Just laws are made by the government and enforced by the court of law. When one disobeys the laws, they are liable for punishment either by serving a jail term or by paying a fine.
Examples of unjust laws
Conversely, there are unjust laws. The most common examples of unjust laws in most countries are the laws that limit land owners on how to use their land. This is known as the zoning law. This law violates the right to private property. It reserves downtown for central businesses and government offices while residential areas are located in the suburban areas. If an individual buys land with their own money and are later limited on how to use it because of the outline plan, then the land no longer belongs to whoever bought it (Barnett 78).
Secondly, there is the defamation law where one is liable for punishment if they are said to damage another persons reputation. This law is said to be vague since unlike property, a persons reputation cannot be damaged per say. Additionally, reputation is the perception of ones actions and this can be judged according to how one conducts themselves in public. Finally, there is the fiat currency law where the government has a right to control how an economic transaction between two parties of approved adults should be done. The government wants to have power in controlling the amount of money circulating in the markets. Additionally, the government is able to print as much money as it requires funding other unpopular activities such as wars. The printing of money has led to the increase in prices of commodities such as food which are essential to common and poor people (Barnett 78).
Characteristics of unjust laws
The characteristics of unjust laws differ from those of just laws. It aims at benefiting only one party whereby, people are not all treated equally. These laws work in favor of those in power and have harsh effects on individuals and are not fair, therefore, individuals are not given a chance to appeal to a decision. Additionally, unjust laws do not aim at solving immediately. These characteristics are the contributing factors to the differences between just and unjust laws.
According to Rev. Martin Luther King, an unjust law is no law at all. He argues that it is ones responsibility to obey just laws and that it is also ones responsibility to disobey unjust laws. Martin Luther King believes that a law that does not agree with biblical studies is an unjust law. He argues further that, "An unjust law is a human law that is not rooted in eternal or natural law. "
On April 12, 1963, Martin Luther King was arrested for coordinating peaceful demonstrations against segregation. While in jail, he wrote a letter known as Letter from a Birmingham jail. In this letter, King defined the difference between just and unjust laws where he stated that human beings not only have a legal but also a moral responsibility to obey just laws. Contrary to that, he further states that human beings have a moral responsibility to disobey unjust laws (King 178). Four months later, he advocated for the equal rights of citizens of all shape, color, sex, age and size by delivering a speech on I Have a Dream.
Modern day unjust laws in America are tied to segregation. For example, the Blacks are not treated equally as the whites. They are denied facilities, services and opportunities such as housing, medical care, employment, transportation and education. The whites aim at separating the African-American from other races. The Black children were also denied the right to attend school with the white children (King 180).
Work cited.
Barnett, Randy E. The structure of liberty: Justice and the rule of law. OUP Oxford, 2014.
King Jr, Martin Luther. "Letter from Birmingham jail." Liberating faith: Religious voices for justice, peace, and ecological wisdom (2012): 177-187.
Kohlmeier, Jada, and John W. Saye. "Ethical reasoning of US high school seniors exploring just versus unjust laws." Theory & Research in Social Education 42.4 (2014): 548-578.
Cite this page
Just Laws and Unjust Laws - Paper Example. (2021, Jun 14). Retrieved from https://midtermguru.com/essays/just-laws-and-unjust-laws-paper-example
If you are the original author of this essay and no longer wish to have it published on the midtermguru.com website, please click below to request its removal:
- Internet Crimes Categories
- Summary of Partnership Dissolution Case - Paper Example
- Essay on the Issue of Due Process
- Essay on the Role and Significance of Constitutions
- Paper Example on Uniform Crime Report
- Paper Example on Juvenile Delinquency Treatment
- Nature and Extent of Youth Offending - Essay Sample