The ‘Art’ of Law in Procedural Justice through the Political Strata to Achieving a Near Absolute Social Justice

Abstract—Law is not a steady or an ageless system, working in an abstract logical way it exists in a world controlled by time. Over the years time has played a big effect on the changes to law it uses the present as a linking bridge to the past and future. It’s also imminent to state that law is not just a system of rules, sanction, guidelines but also a structure of thought and expression upon which discrete set of dynamic and dialogue tensions are built. To juxtapose law and justice is to look at the works of author s and ask questions like does justice come from the law? If so is law the guiding path to justice? At which point can justice go beyond the scope of the law? The un-abating existence of law and justice is interrupted by the fact that they cannot be simultaneously prioritized. According to Jeremy Bentham in his utilitarian theory he wrote about the ‘propensity to maximize goodness’. He saw a right action as one which has the conception of what is good. The Act of being good ‘goodness’ in action can it be taken to mean justice in action? The society needs the law while the layman craves for justice. Critical legal studies on law and justice emphasized the political strata of the society. This essay would support the ‘Art’ to justice taken from the humanistic view in procedural justice which can lead to social justice.

Index Terms—Art, political strata, procedural justice, social justice, tensions.

Ifeoma Chinenye Onuike is with Girne American University, Law Department, University Drive, Turkey (e-mail: ifyo48@gmail.com).

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Cite: Ifeoma Chinenye Onuike, "The ‘Art’ of Law in Procedural Justice through the Political Strata to Achieving a Near Absolute Social Justice," International Journal of Culture and History vol. 3, no. 1, pp. 14-17, 2017.