Equality before the law raises important and complex issues concerning fairness, and justice. Namely, the shortcoming of a theory of legal equality that remains blind to social inequality; the same law applied to all may have disproportionately harmful effects on the least powerful.
“Law without justice is a wound without a cure.”
— Rev. William Scott Downey, author
What is Justice ? (Sources: Wikipedia, Merriam Webster)
In the relevant context, justice embodies the attainment of that which is morally right and fair. Although the concept of justice differs among and between cultures, it is based on a number of different perspectives, values, and viewpoints. Some of the “source material” for these concepts of “moral correctness” include:
Ethics | Rationality | Law | Religion | Equity | Fairness
Often, the general discussion of justice is divided into two realms. One realm of the discussion is social justice–as found in philosophy, theology and religion. Unfortunately, seeking social justice is often outside my reach in the courts of the Commonwealth. This is often best left to devices of representative government and non-government organizations. In other words, voting and supporting organizations that “operationalize” or advocate positions focused on achieving fair and just relations between you as an individual and society at large.
The other realm of the justice–procedural justice–is found in the study and application of the law. We often call this due process and this is what my charge is as your advocate: to ensure that you receive due process within our legal system. In A Theory of Justice (1971), John Rawls introduced two principles of justice. The principle being most applicable to my representation and the issues before you is that you have an equal right to the system of basic liberties compatible with the maxim of liberty for all.
“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.”
—Elie Wiesel, a Romanian-born American writer, professor, political activist, Nobel Laureate, and Holocaust survivor.
It is important to understand and accept an unfortunate truth: you may never receive the justice you initially seek. It is widely recognized that the legal “system” has many shortcomings: a lack of evidence, the admissibility (or inadmissibility) of evidence, cost, and risk (such as the unpredictability of the jury system). These shortcomings factor in the development of a positive-outcome strategy during representation.
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