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Justice, a concept firmly rooted in law and its related
disciplines, remains elusive due to its association with morality and its
potential clashes with legal systems. In its early origins, justice was
linked to religion, with people hoping for divine justice and equity in life
and death. However, the evolution of human society led to the formation of
rules for the administration of authority and the maintenance of law and
order. Ideally, justice should encompass both rewards for the good and
obedient and punishment for the deviant. Unfortunately, justice has often
been associated with retributive or punitive punishment, as the wronged and
deprived demand it.
The ancient Greeks had a goddess of vengeance, Nemesis, reflecting the
one-sided view of justice as retribution. However, justice should not only
serve the purpose of punishing the wrongdoer but also be seen in relation to
the victim's grievances. As Francis Bacon observed, revenge is "a kind of
wild justice." Justice should not merely be a means of vengeance, but a way
to remedy past wrongs.
Law and justice are not always synonymous. Legal justice may seem strict and
unfair, overlooking human emotions and exceptional circumstances.
Shakespeare's play, 'The Merchant of Venice,' highlights this issue in the
case of Shylock's demand for a pound of flesh from Antonio. Shylock's clamor
for justice is not for the victim but for his own vindictiveness. It is
Portia's speech on justice and mercy that underscores the need for the law
to consider the importance of compassion and forgiveness. The interpretation
of the same law can lead to innumerable variations, and Shylock eventually
drops his claim, realizing that justice is not a one-sided concept.
The old concept of "an eye for an eye, a tooth for a tooth" as punitive
justice is inadequate as it is rooted in anger, helplessness, and the
longing for revenge. Retaliation does not undo the past but may act as a
deterrent to future wrongdoing. Increasingly, legal professionals and
psychologists are acknowledging the need to consider the factors that may
have influenced the culprit's behavior. Justice should aim to remedy the
past and prevent future wrongdoing, incorporating both retribution and
rehabilitation. It is only then that justice can be truly served. |
