Saturday, July 27, 2019
Philosiohy Essay Example | Topics and Well Written Essays - 1750 words
Philosiohy - Essay Example Some philosophers on the other hand argue that physicality is not the only thing that matters in law, but metaphysical thoughts and ideas have a place in the legal system (Kant & Ladd, 2009). This paper argues that in the philosophical proposition that the legal system is purely empirical and based on physicality only is not true, and there is the need for legal minds to integrate elements and aspects of metaphysics to preserve justice. Justice reflects the concept of fairness and an attempt to provide some kind of equality as a means of bridging the gaps between two different parties making opposing claims (McMahon, 2010). Other authorities define justice as a concern for peace, fairness and equal treatment or respect for people. Justice refers to impartiality and the use of objective processes and systems to hand decisions on a case involving competing parties without prejudice but based on the facts at hand (Young, 2012). The fact that justice must be perpetrated through fair means and balanced means implies that justice must be carried out in a way and manner that is transparent and viewed by everyone as fair and equitable. Hence, the concept of justice has a connection to evenness and the conduct of affairs in a manner that all persons can see to be free of bias and prejudice. In that case, it can be said that justice must be perpetrated through the use of physically verifiable methods and systems. The term ââ¬Å"physicalâ⬠implies that something relates to a tangible process or procedure as opposed to a process that is rather mental or psychological (Kant & Ladd, 2009). This implies that in the court situation, there must be the provision of just and fair matters that can be perceived by all people in a physical way and manner. This is because justice is about the wider society viewing processes and judgments or
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