Justice is often considered to be achieved when there is a balance between the law and its enforcement, resulting in fair treatment for all individuals involved in a given situation.
This is not always the case in real life, where certain circumstances may lead to legalities and legitimacies clashing and diverging from each other. In such instances, justice can no longer be achieved through a strict adherence to the letter of the law but instead requires a deeper understanding of the underlying principles that underpin societal norms. This essay will explore why this happens and how it impacts social practice.
Legality refers to the laws that govern society, while legitimacy reflects the public's perception of those same laws as being justified. When these two concepts are aligned, they create an effective system of justice that maintains order within a community. Legitimacy ensures that laws are accepted by the populace, while legality provides clear guidelines on what constitutes acceptable behavior. When both aspects work together, citizens feel secure knowing that their rights are protected and their actions have consequences.
When they do not match up, there is confusion regarding what is right or wrong, leading to frustration and discontent among members of the public.
One example of when legality and legitimacy differ is when an individual commits a crime but has a mental illness that prevents them from understanding the severity of their actions. In this instance, they may be found guilty of breaking the law but cannot comprehend why they should face punishment. Similarly, a person who steals food to feed themselves during times of extreme poverty may break the law, but many would view this action as necessary for survival rather than criminal activity. Both examples illustrate how the law does not always line up with the morality and ethics of society, creating tension between legalities and legitimacies.
Another example occurs when individuals protest against unjust laws. Protests such as Black Lives Matter or Occupy Wall Street demonstrate the importance of challenging unjust practices in our society. These movements challenge long-standing norms that deem certain groups inferior or oppressed, highlighting how existing laws do not reflect true equality and justice. While these protesters may break certain rules during demonstrations, they do so out of necessity to bring about change; it is impossible to achieve their desired outcome without violating some regulations.
Achieving justice requires balancing legality and legitimacy within social practice. When these concepts align, communities can thrive through mutual respect and understanding. Still, when they diverge, it becomes essential to recognize that justice cannot be achieved by simply following the letter of the law. Instead, deeper reflection on moral principles must occur to ensure fair treatment for all members of society.
Is justice achieved when legality and legitimacy diverge in social practice?
Justice is not always achieved when there is a divergence between legal and legitimate practices in society. This can be due to various reasons such as political influence, corruption, and power dynamics. In cases where legality and legitimacy differ, individuals may feel confused or frustrated because they cannot reconcile their beliefs with reality.