Twinn Swan

Justice, a concept as old as human civilisation, remains an ever-evolving pursuit. At its core lies the desire for a world where fairness prevails, rights are protected and a sense of balance is achieved. Throughout history, different cultures and philosophies have developed frameworks for understanding and upholding justice.

Over the long passageway of human history, justice frameworks have had to adapt in order to address the ever-changing social structures and challenges within a society. There has never been a one-size fits all approach. In a nomadic society, issues of justice focused heavily on resolving disputes over scarce resources like water and grazing land. In contrast, a complex urban society might have a more developed legal system focused on contracts, property rights and criminal justice.

A just society recognises that every individual has inherent rights. These rights are not bestowed by others, but are fundamental to human existence. While recognising inherent rights is essential, implementing and protecting them can be challenging. Discrimination, poverty and social inequalities can hinder people’s ability to fully exercise their rights. A just society requires ongoing efforts to ensure that these rights are not just theoretical, but a lived reality for all its members. Rights themselves come with corresponding obligations. Fulfilling these obligations ensures that individual rights are not infringed upon, thereby creating a balanced system.

Distribution

Justice doesn’t always equate to treating everyone exactly the same. True fairness often involves recognising individual circumstances and needs. Sometimes, achieving equity might require unequal distribution of resources to ensure everyone has the opportunity to thrive. The pursuit of justice is a shared responsibility. Individuals must strive to act with fairness and integrity in their daily lives. At the same time, a just society requires institutions and systems that uphold these principles, ensuring equal access to opportunities and protection from harm.

Justice should be blind to personal biases, social status or external factors. Achieving true impartiality, however, is a constant struggle. Implicit biases, unconscious prejudices based on social conditioning, can influence even the most well-intentioned individuals. Similarly, powerful individuals or groups can exert undue influence on the justice system, seeking preferential treatment and may go through great lengths to preserve the status quo during a period of change and transition.

Powerful individuals, corporations and communities can and do leverage their resources to influence the justice system. They might lobby for laws that favour their interests or use their wealth to mount aggressive legal defences, intimidating less-resourced opponents. This creates a perception that “justice” can be bought, undermining the system’s legitimacy.

Restorative Justice

Judgments and decisions should be based solely on merit and the established principles. Impartiality creates trust in the system and ensures everyone receives a fair hearing based on their situation and circumstances. Justice is not merely about following a set of rules. A truly just society fosters a culture of empathy, compassion, and generosity. People are encouraged to go beyond the minimum requirements and act with kindness and understanding.

Restorative justice stands as a powerful counterpoint to traditional criminal justice. It’s a philosophy and an approach that prioritises repairing the harm caused by crime and reintegrating the offender back into society. Unlike systems which focus solely on punishment, restorative justice places a strong emphasis on dialogue, empathy and accountability.

At the heart of restorative justice lies the victim’s experience. The process prioritises their needs, offering them a voice and a platform to express the impact of the crime. They can actively participate in seeking reparation, which in turn fosters a sense of empowerment and closure. For the one who has committed the offence, restorative justice doesn’t shy away from accountability. They are held responsible for their actions and must take steps to repair the harm. This might involve offering a sincere apology, making amends through restitution or contributing to the community through service.

By embracing these principles, we can create a framework for a balanced and just society. This framework is not static, but rather, a dynamic process that requires continuous evaluation and adaptation to meet the evolving needs of humanity. It is a journey towards a world where everyone has the opportunity to flourish and contribute their unique talents.

Justice doesn’t necessarily mean strict equality. It’s about giving everyone what they deserve and treating them fairly according to their situation. True justice extends beyond just following the law. It involves good character and actions that go beyond the minimum requirement, like generosity alongside fulfilling obligations.