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Justice

Justice

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Published by Manny Marquez

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Published by: Manny Marquez on Oct 18, 2010
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10/27/2010

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Manuel Marquez
WHAT IS JUSTICE?
The metered organization of consistency, fairness, andresponsibility of the human condition equates to Justice.Justice is the result of balance. This balance of Justice isderived from organization. The individual is the unit thatsociety is based upon; therefore Justice can only meet thedefinition of its essence through the medium of the individualand the Golden Rule Theory.The accepted theories of Justice can be separated intothree distinctive categories; Retributive Justice, LegalPositivism, and the Golden Rule Theory. Of the three theoriesproposed only the Golden Rule Theory, (A.K.A. RestorativeJustice) can fully support the three defining qualities ofconsistency, fairness, and responsibility. All of the abovelisted characteristics are subject to an important factor,interpretation. Since Retributive Justice and Legal Positivisminvolve an outside element to provide validation for theirimplementation they are separated from the individual by asignificant degree. Whether this degree of separation from the
 
Marquezindividual is by man-made institution, such as a judicialsystem, or kings authority, the importance lies with theinterpretation from the individual. Man-made laws and kings aresubject to change over time. What was once deemed just canbecome unjust through modifying instruments of personalunderstanding. These degrees of separation become extrapolatedwhen the individual disagrees with the delegating authority. Onecould argue that Justice cannot conceivably be fair to allindividuals at the cost of the greater community, which is true.Yet one could also argue that lack of fairness to the individualwould result in a community not desired. Henry David Thoreaupondered, “Must the citizen ever for a moment, or in the leastdegree, resign his conscience to the legislator?”
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In short, mustthe individual have a third party mediate Justice forvalidation? Waiting to be justified in another’s estimationcannot fulfill the necessity of fairness to any degree.The Golden Rule Theory of Justice directly involves theparties involved in the act of disputation. This theory makesthe party responsible for the imbalance of Justice accountableto those harmed and provides an organized means of resolution.While similar in nature to Retributive Justice, the Golden RuleTheory differs in the essence that it aims to actively involvethe violator in the process of rehabilitation and uniquely views
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Marquezeach case individually instead of blindly canvassing laws acrosssociety.Critics have argued against the real world applicability ofRestorative Justice. How can the Golden Rule apply to everydaysituations where physical harm can be done to ones own person?Where the great applicators of the Golden Rule, those such asSocrates, Jesus of Nazareth, Mahatma Gandhi, and Martin LutherKing, have met untimely ends at the hands of the very instrumentthat they battled against? I reply that an end is inevitable foreach of us, but how we choose to live until our fate collectsits proper due is the ultimate expression of this theory. Iffear of physical harm determines the definition of Justice thatone chooses to apply to real world situations, then I say thatis not a choice at all. How the individual chooses, free fromfear, to determine the definition of Justice in the greatersense in his/her lifetime is as real as it gets. Again, the realworld’s most basic component is the individual. Withoutindividuals the real world would not exist. In the end, which isinevitable, the individual is responsible alone to themselvesfor their interpretation of Justice.Golden Rule Theory also differs in the fact that itentertains the element of truth as can be understood by twodifferent individuals while invoking no further harm to the
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