Justice As Right Relationship: A Philosophical and Theological Reflection on Affirmative Action

Abstract

Justice. Lawyers, judges, law students, and many members of the public often use the term. Its meaning is generally understood throughout the legal profession, the bench, and the lay community--or so it seems. Our legal literature is replete with the term justice, but it frequently appears and is used without a precise definition or understanding. It is a word that is important to the legal profession, to the institutions of the law, and to the communities of human beings, that both serve. Yet, this word that is used in everyday life has a meaning that is often assumed but rarely understood.

The purpose of this essay is to come to grips with the term justice and to establish a better understanding of this important expression that penetrates much of legal, political, and human history. Throughout life, most of us participate in the search for justice. It is something to which we believe we are entitled because we are individuals who exist in community with other human beings. Each of us relies on others to do some things, and to refrain from doing others. In order to regulate these relationships, we establish publicly recognized rules identified as laws. It is through these laws that many seek what they believe is just. But, is there any association between these laws, their application and the expected ends or results we deem to be just? These questions are at the heart of the following investigation that will examine the coirelation between the law and justice. Indeed, it has been suggested by others that the law and what is legal does not necessarily coincide with justice in spite of the inscription over the main portal of the United States Supreme Court-"Equal justice under law."