The Relationship between Law and Justice

Authors

  • Yan Tang

DOI:

https://doi.org/10.54097/vsd08520

Keywords:

Natural Law, Statute Law, Substantive Justice, Procedural Justice.

Abstract

Law and justice have been talked about since ancient times, but even today, there are still cases of law violating justice. Theoretically, law can be divided into natural law and statute law, justice into substantive justice and procedural justice. Then their definitions are proposed. Natural law derives from reason and morality in the human heart, and statute law is regarded as irrelevant to justice. Substantive justice refers to the value standard that people should follow, and procedural justice refers to the fairness of the judgment process. The relationship between the four is also analyzed. The theories of illegality of evil law, procedural natural law, irrelevance of statute law and substantive justice, and procedural justice derived from statute law are mentioned in this paper. This article also points out that an important reason of current law failing to deliver justice is the imbalance between substantive justice and procedural justice. Finally, two solutions are proposed, which are to test the judgment by natural law, and to combine procedural justice with substantive justice.

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Published

09-12-2024

How to Cite

Tang, Y. (2024). The Relationship between Law and Justice . Journal of Education, Humanities and Social Sciences, 42, 205-210. https://doi.org/10.54097/vsd08520