Law as an instrument of justice

Philosophy of law "But what, after all, is a law?

Law as an instrument of justice

Written and unwritten law

Features of Criminal Law The life of the criminal law begins with criminalization. On this view, we are not invited to commit crimes—like murder, or driving uninsured—just as long as we willingly take the prescribed legal consequences.

As far as the law is concerned, criminal conduct is to be avoided. This is so whether or not we are willing to take the consequences.

Theories of Criminal Law (Stanford Encyclopedia of Philosophy)

It is possible to imagine a world in which the law gets its way—in which people uniformly refrain from criminal conduct. Obviously enough this is not the world in which we live.

These powers and permissions exist ex ante—prior, that is, to the commission of crime. We can add those that exist ex post—once crime has been committed. By the time cases reach the courts those accusers are typically state officials or those to whom the state has delegated official power.

Some legal systems do make space for private prosecutions. But such prosecutions can be discontinued or taken over by state officials and their delegates. In this way, the state exercises a form of control over criminal proceedings that is absent from legal proceedings of other kinds Marshall and Duff It may seem from the above that criminal proceedings are tilted heavily in favour of the accusing side.

These typically include the right to be informed of the accusations in question, the right to confidential access to a lawyer, and the privilege against self-incrimination.


At least on paper, the procedural protections on offer in criminal proceedings are more robust than those available to the accused in legal proceedings of other kinds.

This is explained in large part by the consequences of criminal conviction. This is to say nothing of criminal sentences themselves. Those sentences are typically punishments: This is not to say that suffering or deprivation must be the ultimate end of those who punish.

What it cannot be is a mere side-effect.

Law as an instrument of justice

This is one thing that distinguishes criminal sentences—at least of the punitive kind—from the reparative remedies that are standard fare in civil law. But we can imagine cases in which this is not so: The award may remain a reparative success.

It cannot be anything other than a punitive failure Boonin12—17; Gardner Obviously suspicions are sometimes misplaced. So it is no surprise that the most destructive powers and permissions are jealously guarded by the criminal law.

Scottish statutory instrument - Wikipedia

But a moot court has no power to detain us in advance, to require us to appear before it, or to sentence us to imprisonment. Force used to achieve any of these things would itself be criminal, however proportionate the resulting punishment might be.Law enforcement describes the individuals and agencies responsible for enforcing laws and maintaining public order and public safety.

Law enforcement includes the prevention, detection, and investigation of crime, and the apprehension and detention of individuals suspected of law violation. Understanding the law is fundamental to practice in Criminal Justice settings. Criminal Law is a powerful instrument of social control and sanctions and the Criminal Courts have the potential to impose restrictions of liberty of individuals.

This article aims to extract from the jurisprudence of the International Court of Justice a basic theory of legal effects of unilateral instruments of international organizations in public international law. as an instrument of distributive justice and that those responsible for choosing or designing rules of contract law-courts and legislatures- should do so with an eye to their distributional effects in a .

tools of science into instruments for justice” in our Family Courts. Ronald A. Silkworth is the Chief Judge of the Anne Arundel County Circuit Court and the Fifth Judicial Circuit. Criminal Justice refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct. The criminal justice system is essentially an instrument of social control: society considers some behaviours so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright. Download our guide to Researching International Human Rights Law (pdf), or use the links below to access international human rights treaties and other instruments. The UN High Commission for Human Rights provides a list of the all major international human rights treaties, with links. For general.

To be eligible for reimbursement, the law requires that counties submit a Comprehensive Plan to the Office of Children and Family Services (OCFS) and the Division of Criminal Justice Services (DCJS) that identifies anticipated, eligible incremental Raise the Age-related costs.

CRIMINAL LAW OVERVIEW OF THE TEXAS CRIMINAL JUSTICE PROCESS TEXAS YOUNG LAWYERS ASSOCIATION AND STATE BAR OF TEXAS. CRIMINAL LAW Prepared and distributed as a Public Service by the Texas Young Lawyers Association instrument (complaint, information or indictment), and she will.

Measuring the Performance of Law Enforcement Agencies - Part 1 of a 2-Part article | CALEA®