Verified Document

Justice And Good The Concept Of What Term Paper

Justice and Good The concept of what justice is and what constitutes a good life vary from jurist to jurist and thinker to thinker. HLA Hart is one of the most well-known jurists to come up with a concept of law that was widely acclaimed but was aggressively challenged as well. In hid masterpiece, The Concept of Law, Hart recognizes the legal system as the "combination of primary rules of obligation with the secondary rules of recognition, change and adjudication" (Hart, p. 98). Hart maintains that law is a combination of primary and secondary rules which serve as "not only the heart of a legal system but a most powerful tool for the analysis of much that has puzzled both the jurist and the political theorist" (Hart, p. 98). Hart is of the view that law as we exercise it is the sum or the system of rules. He takes a rather linguistic approach towards the explanation of the rules, laws, legal system and the concept of justice. He believes that the various sets of rules represent the term law and these rules are understood and practiced and represented by words. The specific usage of language determines the kind of social functions that these rules are suppose to perform. Some rules that are though legal in nature perform the social function of imposing duty or demand rigid accountability of acts whereas some rules perform the social function of conferring power. Hart explains his concept of the legal style with reference to rule-based vs. case-based law. The author believes that one way to differentiate between the rule-based law and the case-based law is that though the rules utilize greater power of the words and their meanings, they are not as "open textured" as case laws.

The concept is further explained by the author with the help of the difference of language and procedures and rules of the two kinds of law. Rule-based laws are based on rules that are in turn based on the medium of communication, in our case the language of English. Case laws are dependent more on the circumstantial evidence as well as on...

However, rule-based law is far more rigid, lacks openness and is inexorable for the reason that although "every rule may be doubtful at some points, it is indeed a necessary condition of a legal system existing, that not every rule is open to doubt on all points" (152) thereby explaining the logic behind and the validity of his point regarding the less open-textured rule-based law. Explaining the same and focusing further on the open texture concept of rules, Hart writes, "the fact that deviation from the rules will not draw down on the judge a physical sanction" to conclude that "rules are important so far as they help you to predict what judges do. That is all their importance except as pretty playthings'" (Hart, p. 139). What Hart implies by the above statement and by citing his comments regarding the rules (as not mere predictions) is that rules cannot be considered as pure and simple predictions because they are followed adequately by the courts and the judges therein.
Hart questions the definition of rules as to whether those rules that are morally inadequate be allowed to become the part of the legal system or the set of those rules that constitute a law or not. However, he further suggests that the rules must not be studied so much in detail and questioned so deeply that the legal system ends up excluding a good few of them out of the justice system based only on the moral grounds. This is because, when legal rules possess all other characteristics to be a part of law then they better be left the way they are, enjoying their status of a law rather than kicked out of the system on the basis of morality for the concept of morality is again controversial and has varied definitions.

To Hart, it is not important to question the morality of a rule: "No rule can be guaranteed against breach or repudiation; for it is never psychologically or physically impossible for human beings to break or repudiate them; and if enough do so for long…

Sources used in this document:
Works Cited

Hart H.L.A. 1997.The Concept of Law. Second Edition. New York: Oxford University Press, 1997

Rawls, John. 1973. A Theory of Justice. Oxford University Press paperback. Oxford, UK: Oxford University Press.
Cite this Document:
Copy Bibliography Citation

Related Documents

Ethics Community and the Common Good Concept
Words: 645 Length: 2 Document Type: Essay

The concept of the common good can apply just as well to secular or political values as to spiritual or religious ones. Social and political organizations should be devoted to the common good, but not all are, as Sullivan & Pagnucco (2014) point out. Some organizations base their founding principles, ideologies, and practices on hatred or fear, thereby detracting from the common good. Catholic Social Teaching offers an idealized model

Justice One of the Most Consistent Problems
Words: 2891 Length: 10 Document Type: Term Paper

Justice One of the most consistent problems facing the criminal justice system is the influence of institutional culture on the administration of justice, both at the level of the police and the courts. While there are of course written guidelines and laws dictating the actions and decision-making process of both the police and the courts, in practice there is a substantial amount of leeway when it comes to dealing with specific

Justice in the Twentieth Century,
Words: 1694 Length: 5 Document Type: Term Paper

What was particularly ironic was that soccer had always been a game for whites only: blacks were specifically not included. Of course, the movie had a happy ending when South Africa won the World Cup. But the World Cup didn't completely change South Africa. There is still high violence, prompted by economic conditions and a newly released set of citizens. A high percentage of residents also have Aids, another very

Justice in a Pluralistic Society There Are
Words: 1278 Length: 3 Document Type: Essay

Justice In a pluralistic society there are many different groups of people whose interests often conflict, and as a result justice can be viewed very differently. When laws are created to satisfy the needs of one group, it can have a detrimental effect on other groups. Therefore, justice as a concept, as well as a reality, does not always effect the whole of society universally. Recently there has been a number

Justice in Society
Words: 870 Length: 2 Document Type: Essay

Justice in Society What does justice in society really mean? "It's not fair." One of the first phrases every child articulates clearly relates to a kind of a rough philosophy of justice. This sentiment reflects the idea that because people are not being treated 'the same' the world is unjust. A child may regard the fact that older siblings get to go to bed later as unfair. However, as rough and crude

Justice in the Workplace
Words: 580 Length: 2 Document Type: Essay

Justice in the Workplace Globalization, or increase economic cooperation and communications between countries has opened up a number of opportunities for employment, trade, and cultural and technological development between nations. One of these effects is the diversification of the human resource pool within organizations. In fact, the more global society becomes, the less geographic boundaries matter when hiring employees. This is particularly evident when hiring a new workforce in developing countries

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now