| JUSTICE:
the exercise of power by an authority to redress the transgression
of its rules |
 |
Justice is the execution of consequences when the rules
of a governing authority are transgressed.
The evidence upon which a judgement is made
as to whether rules have been transgressed must be high
probability facts
with certificates of credibility which have been rigorously and
sceptically questioned.
Justice is not fairness, although they are frequently equated and most
groups and individuals seeking redress complain if justice is not heavily biased
in their direction.
Justice can only be equitable or fair if the rules of the governing authority
and its consequent exercise of power recognize and accept
that fonts of creativity be allowed their cycle of opportunity,
that the destructive aspirations of greed
be curtailed and contained by an aggressive altruism,
and that religious and cultural delusions
be conferred no special considerations.
A justice which is inequitable in effect promotes and espouses the propagation of
cultural pathogens and the inevitable consequence of social malfunction.
It is certainly in the interests of social stability that justice be seen to be fair
even though there is no precedent in nature for such a
contrived concept.
The socially equitable administration of justice by an individual
or a biased group is essentially unattainable.
Every particular individual is biased by their nurture and the limit of their interests.
Any group, be it military, legal, religious or economic,
espouses a perspective which appears balanced only to themselves.
When a social group manages to hijack the administration of justice, and the members
obtain economic rewards by participating, unfairness is virtually certain.
Prosecution representatives strive for convictions rather than
trying to determine the actual train of events.
Defense councils strive for acquittals rather than ascertaining the guilt or not of their clients.
Evidence that is inconvenient is suppressed.
If there is a jury, it can be swayed by emotional appeals and selected information.
The justice system becomes manipulated to serve the ends of the group conducting the administration.
Existence is vastly more complex
and chaotic than any set of regulatory rules
can possibly account for.
Any system of authority needs to be administered by individuals who can make provision for
creativity and accept, perhaps ruefully, that nature is not fair and never has been.
It is a distorted aberration of social equity for one group to dominate the delivery of justice,
especially if that group specializes in the details of the rules and their consequences.
A society can only aspire to treat its citizens even-handedly if the judgments as to guilt or
otherwise are made by a broad spectrum representation of its members.
Judgements should be made by a panel representing a diverse community interest,
which has a consensus confidence of the members.
Justice should be administered in effect by a professional jury appointed by a
procedure which promotes those individuals who have the confidence of the
culture within which they live.