Guest Post by David Bloch
“Justice” is probably the most abused word and concept in the world. Webster’s dictionary defines “justice” as: (1) the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited awards or punishments, (2) judge, (3) the administration of law especially the establishment or determinations of rights according to the rules of law or equity. Justice is defined extremely broadly, is riddled with loop holes, and is often employed as a useful tool by tyrants. . Everyone has a unique opinion of what justice is. In my opinion, justice is neither objective nor absolute.
Justice is purely subjective. Justice it is not calculable (based on a set of laws), as for example, mathematics and science are. In science, the force of gravity (a scientific law) is universally absolute on the surface of the earth. If an aeronautical engineer designs a plane and uses for his design calculations a value of gravity other than 32.2 ft./sec./sec., his plane will surely fail. Therefore, all competent engineers precisely follow the scientific law of gravity. However, the highest ranking judges in this country, U.S. Supreme Court Justices, can and routinely do, completely ignore the Constitution and written laws to decide cases based on their convictions of a “compelling interest” for society; and that passes as justice. Government laws prohibit discrimination, yet Supreme Court Justices have sanctioned discrimination in favor of one ethnic group of people against other ethnic groups because they decided that there is a “compelling interest” for society to do so (Grutter v. Bollinger-University of Michigan, 2003). These justices disregard written law; and their actions are regarded as justice. If engineers designed and built a plane not based on the law of gravity because they had a “compelling interest” not to do so (perhaps to save costs and resources), undoubtedly the justices, if offered a first ride on the plane, would quickly rediscover their powers of reason and decline the offer. Dishonesty does have its limits – even for judges!
Justice oftentimes is unjust and even absurd. In most parts of the Islamic world, justice is served when a person is stoned to death for infidelity, imprisoned for drinking alcohol, and mutilated for stealing; “honor killings” are also” justified.” In other parts of the world, justice is served when a person is arrested and imprisoned for growing a weed and smoking it. The U.S. Supreme Court Justices have determined that lengthy prison sentences meted out to violators of marijuana laws do not violate the Constitutional ban on cruel and unusual punishment; and that is justice. Yet, in other parts of the world, smoking marijuana is perfectly legal. If the original American colonial farmers had grown marijuana (known to have certain medicinal benefits), instead of tobacco (a known carcinogen) would marijuana be legal and tobacco banned today? Justice has its traditions and court precedence to follow; its practitioners do not want to be confused by reason.
Justice as political camouflage. Tyrants, dictators, ideologues, and of course Marxists/communists/socialists use the word justice to attempt to advance their agendas; and many times they succeed. Hitler’s Nazi courts and Stalin’s Soviet Communist courts all performed their ruthless deeds under the banner of justice. Today, socialists camouflage their ruthlessness under the banner of “social justice” and “economic justice.” These two phrases are purposely left vague. Socialists prefer that these phrases remain as slogans so they can use them for any purpose without having to define them. When the socialists demand “economic justice” they are really demanding that property rights laws be ignored (an injustice to law abiding property owners). When socialists demand “social justice” they are really demanding special privileges that are not expressed in the Constitution or enacted laws, at the expense of others (an injustice to law abiding citizens). Social justice and economic justice are simply camouflage for the socialist’s real agenda – elimination of freedom and liberty in order to institute complete governmental control of property and human behavior.
Justice and Power. When the chief justice of the U.S. Supreme Court decides to effectively re-write a law passed by Congress (ObamaCare) and replace the word (and concept): “penalty,” with a different word (and concept): “tax,” and he does this eighteen times in order to make the law “constitutionally legal” in his mind, he has the power to do it! But, he is following his convictions and not the Constitution regarding separation of powers. Yet, his actions are considered justice. He is a model for other judges to emulate if they so desire.
Regardless of how much one wants to deceive oneself otherwise – power determines justice. Justice is the servant to power.
David E. Bloch is the author of The Elite Idolaters. His book won Honorable Mention in Readers Views 2012 book awards program in the Societal Issues category.
For more information about the author and his books please visit his website at: http://www.davidebloch.com/.