Why "Equal justice under the law" as principle fundamental

來源: TJKCB 2024-03-10 14:36:13 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (6313 bytes)
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• 抽象的自由是一種想象,如無邊的大海沒有盡頭。具體的自由需要載體,就像有了大船才能隨意在大海中航行。 Ownthought -  給 Ownthought 發送悄悄話 (1409 bytes) (2549 reads) 03/10/2024  06:10:06 (4)

"我以為平等公正才是第一位的。試想你跟你同事有同樣的自由度,同樣的水平、幹同樣的活,他的報酬遠高於你,是什麽結果?來源: snowandlotus 於 2024-03-10 

Why "Equal justice under the law" as principle fundamental

[ [Notes: 
"Equal justice under the law" is inscribed on the building of the US Department of Justice to symbolize the principle that all individuals should receive fair and impartial treatment within the legal system, regardless of their race, ethnicity, or socioeconomic status. It serves as a reminder of the government's commitment to upholding justice and equality for all citizens.] ] 

"Equal justice under the law" is the fundamental principle safeguarding freedom because it ensures that all individuals are treated equally and fairly by the legal system, regardless of their background, status, or identity.

"Equal justice under the law" refers to the principle that all individuals, regardless of their background, status, or identity, should be treated equally and fairly by the legal system. This principle is fundamental to the functioning of a just and equitable society for several reasons:

1/ Protection of Rights: Ensuring equal justice under the law safeguards the fundamental rights and liberties of all citizens. It guarantees that everyone has access to due process, fair treatment, and legal representation, regardless of their race, ethnicity, gender, religion, socioeconomic status, or any other characteristic.

2/ Promotion of Equality: Equality before the law fosters social cohesion and promotes a sense of belonging and inclusivity within society. It sends a message that every individual is valued and respected equally under the legal system, regardless of their differences.

3/ Prevention of Discrimination: Equal justice under the law helps to prevent discrimination and bias in legal proceedings. It ensures that decisions are based on merit, evidence, and the law itself, rather than on subjective factors or prejudices.

4/ Maintenance of Rule of Law: Upholding equal justice is essential for maintaining the rule of law, which is the cornerstone of a democratic society. It ensures that laws are applied consistently and impartially, without favoritism or undue influence.

5/ Trust in Institutions: When people have confidence that the legal system treats everyone fairly and equally, it enhances trust and legitimacy in governmental institutions. This trust is essential for social stability and the functioning of a democratic society.

Overall, equal justice under the law is paramount because it upholds the principles of fairness, equality, and justice upon which a democratic society is built. Without it, individuals may feel marginalized, disenfranchised, and alienated from the legal system, undermining social cohesion and the rule of law.

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Background: 

In society, full freedom naturally leads to political pluralism. As politics fundamentally revolves around interests, absolute injustice is unlikely to occur. However, this assumes certain prerequisites. In my experience, full freedom in society leads to chaos and violence. This, however, underscores the absence of freedom. The essence of freedom lies in the respect for individuals and is protected by social contracts. It should be noted that the lack of freedom affects only a portion of the population, as others enjoy far greater freedoms, ultimately resulting in inequality and injustice. Thus, political systems must respect three basic objective facts: 1. Human nature inclines towards love. 2. Human beings have instincts. 3. Humans have desires. In conclusion, a fixation on equality over freedom in politics ultimately harms the lower classes. Mao and the Soviet Union have already proven this. Therefore, social design should respect these three basic objective facts.

所有跟帖: 

Full freedom in society underscores the absence of freedom. -盈盈一笑間- 給 盈盈一笑間 發送悄悄話 盈盈一笑間 的博客首頁 (0 bytes) () 03/10/2024 postreply 15:56:23

Does this become a philosophical paradox? -盈盈一笑間- 給 盈盈一笑間 發送悄悄話 盈盈一笑間 的博客首頁 (0 bytes) () 03/10/2024 postreply 16:00:22

Good question! Your thought? -TJKCB- 給 TJKCB 發送悄悄話 TJKCB 的博客首頁 (0 bytes) () 03/10/2024 postreply 18:56:12

I agree with your point of view in the article. :) -盈盈一笑間- 給 盈盈一笑間 發送悄悄話 盈盈一笑間 的博客首頁 (0 bytes) () 03/11/2024 postreply 10:48:54

There is no easy way to sort it out. -dhyang_wxc- 給 dhyang_wxc 發送悄悄話 dhyang_wxc 的博客首頁 (1240 bytes) () 03/11/2024 postreply 09:04:45

錢穆 speculation but not solutions. ejul provides solutions -TJKCB- 給 TJKCB 發送悄悄話 TJKCB 的博客首頁 (349 bytes) () 03/11/2024 postreply 15:07:02

If you take the law as a live system, then Qian Mu's -dhyang_wxc- 給 dhyang_wxc 發送悄悄話 dhyang_wxc 的博客首頁 (297 bytes) () 03/12/2024 postreply 07:21:41

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