#On Law, Justice & Just Law
-
From an ethical or natural law perspective " law or just law is a tool & rule of non-violent or minimal violent way of conflict reslution & giving justice to people".
-
Criminal Use Of Law : By getting the majority in the legisture any or in an authoritarian regime any rule can be passed & can be made understadable using ethical relativism, machiavellianism & legal positivism. This type of law ( rules) can be used to commit crime against people legally like in Hitlers Germany, British Ruled India & Present biased laws in Every country which contracts natural rights and justice.
-
This is why we have a system of separation of powers & checks and balances where Judiciary should struct down the laws made by legislature which are contradicing the natural human rights ( life, liberty, property & privacy) fundamental rights or other constituional rights.
- Give an objective ( or Minimally Subjective) , Logical & Persuassive definition or reference of Ethics & Justice.
- Analyze any law or rule or stament & it's diversion from ethics & justice.
- Compare difreent Pulbic ( SocioEconomicPoliticalLegal) Systems and show their diversion of their rules from Ethics & Justice.
- Give a punishment that leds to Justice & deterrence ( minimize crime & accident).
- A system that predicts the bias in the legal system or laws (rules)
Fbp : Balanding & Prioritization function of Public System. fbp : Blancing & prioritization function of Private/SemiPrivate Syste. VFE : Variables or Factors or Elemets of the System
-
State's Logical & Ethical Legal Limit :- Except crime, acidents & treason people should be allowed to do whatever they want by the state but it will be a matter of debate.
-
Human Actions ( Input, Processing & Conciousness & Output/Actions) [ Erhical Behavior :- A behavir that dosen't cause non-consesual or non-contractual harm to other perosn Neutal or ambiguous Behavior :- Cirme :- Crime is unethical & non-consesual & non-cotntractual harm. Accidents :- Accidents is non-intentional, non-consesual harm. Self Harm :- Offense :- Breaking the rule or law which can be ethical, ambiguous or unethical.
]
-
HARM [ 3.1 To Individual ( Psychological ( Emotional & Mental); Physical/Sexual; Economic ( Financial/Property); Temporal; Integrity] 3.2-To State/Government & Public Orgnization ( Brealking Rules/Laws) 3.3-To Group like Society/Culture ( Breaking Rules) 3.4-To Private or Semi Private/Public Organnization ( Breaking Contracts) ]
-
justice :- Justice is concept from ethics & natural law protection of & balance between individual & collective rights white preffering individual negative rights particularly llppi ( life, liberty, property, privacy & integrity) and in the case of "unethical non-consesual & non-contractual" harm punishment must be given to convict while considering the retrubution ( as limit of punishment); incapicitation & restituion; rehabilitation ( preference to victim)
Human rights, Natural law & justice, Rule of law & Equality before law, Rehabilitative & restorative justice
Crime Categorization
- Terrorism & War
- Abuse of Power, Corruption, Treason & Miscarriage of justice
- Murder, Abetted suicide, Culpable homicide
- Human, Organ, Sex Trafficking & Kidnapping
- Property or Economic abuse [ Theft, Robbery, Fraud]
- Physical & Sexual Abuse (Harassment, Assault & Torture)
- Psychological [ Emotional & Mental] abuse
- Time or Temporal Abuse
- Defamation, Provokation, Intimidation, Insult [ Reputational harm + Psychological abuse]
balancing & prioritization function BALANCING & PRIORITIZATION FUNCTION OF LIFE, JUSTICE & WELFARE