Justice

 

Justice

In an uncivilized world, fairness does not exist. One animal is another’s prey. The lamb may not redress the wolf for its attack.  Effectively might makes (things) right. There is no ability to consider grievances except by counter force. The water buffalo can counter the lion’s attack with its horns. By contrast, justice flows from how humans resolve disputes without the concept of might makes right and instead uses a set of codified rules. That is why all the documents listed in Major Written Mandates of Self-Ownership are so critically important.

As stated previously in The Physical (Real) and Metaphysical (Imagined) there exists the hard reality of the physical universe defined as all of space and time (collectively referred to as spacetime) and their contents. 

Justice is Metaphysical (Imagined). Metaphysics seeks to find if there is any reality beyond our universe. In short, humans invented or imagined it. That is justice, a human invention! Just like tribes, nations, governments, corporations, etc. Courts of Law are Real they have a physical presence but what they do is Metaphysical. The same way that the government has physical buildings but what rationale they use to come to a decision that can affect millions or billions of people, is Metaphysical.

1. Justice as a Human Invention (Constructivist View):

• Justice is shaped by culture, law, and social consensus. What’s “just” in one society may be unjust in another.
• Legal systems, moral codes, and rights evolve—suggesting justice is constructed, not discovered.
• Thinkers like Michel Foucault and legal realists argue justice is a tool of power, molded by institutions.

2. Justice as a Universal Principle (Realist View):

• Philosophers like Plato believed justice exists independently of human opinion—an ideal form we strive to approximate.
• Natural law theorists (e.g., Aquinas) argue justice is rooted in reason and nature, not just social agreement.
• This view sees justice as discovered, like mathematics or gravity—not invented.

3. Metaphysical Angle:

• If metaphysics explores realities beyond the physical, then justice might be part of a moral metaphysics—a realm of values and truths that transcend time and culture.
• But if metaphysics itself is a human construct, then justice may be also —a noble fiction we use to organize society.

So Which Is It?

Justice is likely both invented and discovered:

• Invented in its forms (laws, courts, rights).
• Discovered in its aspiration—the deep human intuition that fairness matters, even when it’s hard to define.

Justice may not exist “out there” like a planet or particle, but it’s real enough to shape lives, laws, and legacies. Whether metaphysical or practical, it’s one of humanity’s most powerful ideas.

Yes, natural law is a long-standing philosophical concept that proposes the existence of universal moral principles derived from nature and human reason—independent of man-made laws. However, its validity and application are widely debated.

Here’s a structured overview of what natural law is and how it’s understood:

 What Is Natural Law?

Natural law refers to a system of ethics or justice believed to be inherent in nature and accessible through human reason. It’s not the same as scientific laws (like gravity), but rather a moral framework that transcends cultural or legal boundaries.

• Aristotle argued that some justice is “natural” and valid everywhere, regardless of human opinion.
• St. Thomas Aquinas later systematized natural law, claiming it reflects divine reason and is partially knowable through human intellect.
• The Stoics believed natural law aligned with logos—the rational order of the universe.

Key Principles of Natural Law Theory

• Universality: Applies to all humans, regardless of culture or time.
• Rationality: Can be discovered through reason, not just religious revelation.
• Moral Foundation: Serves as a basis for evaluating man-made laws (positive law).
• Inalienable Rights: Influenced ideas like human rights and constitutional law.

Natural Law vs. Positive Law

Feature	Natural Law	Positive Law
Source	Nature and reason	Human institutions
Universality	Universal and immutable	Varies by society and era
Moral authority	Morally binding	Legally binding, not always moral
Examples	Right to life, fairness	Tax codes, traffic laws

Modern Perspectives

• Legal Positivists (such as H.L.A. Hart) reject natural law, arguing that law is valid based on procedure, not morality.
• Neo-naturalists like John Finnis revive natural law by linking it to human flourishing and practical reason.
• Critics argue natural law is vague, culturally biased, or used to justify power structures.

Influence Today

Natural law has shaped:

• Human rights doctrines
• Constitutional law
• International law
• Ethical debates (e.g., abortion, war, justice)

So while natural law may not be empirically provable, it remains a powerful lens through which societies explore justice, rights, and moral order. Ultimately there will be disputes and some mechanism should provide a resolution based on societies principles and norms. This implies that Justice is the resolution process. It does not require adherence to fairness but that should be a major consideration. The concept of Fairness will be discussed in a future topic.

(Some of the above utilized AI editing to provide clarity).