Has rule-of-law usurped our establishment of justice?

[Festivito]

Our SCOTUS candidate will make decisions according to the rule of law. No mention of justice, and certainly no mention of justice as a pre-eminent to rule of law.

Justice is our FIRST named establishment in our Constitution. "We the people of the United States in order to form a more perfect union establish justice, ... etc." Which leads me to question: Has rule-of-law usurped justice.

Perhaps rule-of-law has been equated with justice, albeit without the usual Constitution word-changing fanfare, nor noting the double standard of being a strict constructionist on some words but not these. Finally, the rule of law is an arrogant way of saying our laws are perfect, i.e. we are perfect, which is wrong and also reeks of being anti-Constitutional.

I oppose a judge who speaks nothing of justice.

I actively oppose a judge who replaces justice with the rule of law.

Aside from Roberts being too young with too long to serve from a president with such a low acceptability rating.

[indepat]

1. If you want justice, name you dog accordingly as did a friend, an

attorney, so he could see a little Justice at the end of the day. More to the point, the rule of law and justice are no more as is most of the Bill of Rights. Thankfully this junta's strong suit is keeping us safe and we must be willing to sacrifice all so we can have a little security.

[Festivito]

3. Cute story. Ugly poignancy. Cute sarcasm.

Dogs have a sense of justice, not my cats. Renaming won't work for me. So, I guess I'll keep fighting to put justice into government.

The Bill of Rights, sadly, does seem to be tattered. Hopefully we can believe in a resurrection.

Lastly, since we trade safety for security, we deserve neither. I will risk for both.

But, all this was defeatist. I need more.

[Solly Mack]

2. Justice is the fickled lover of the law...as laws change, so does

what passes for justice

Justice has always been at the mercy of the rule of law

Justice and what's fair aren't the same thing

Most people say justice when they really mean "what's fair" or even "what's right"

Think about a crime - what's the penalty for that crime? The penalty is what passes for justice in our system...

but we know that all too often the penalty is neither just nor fair

The rule of law can make what was once legal illegal, and what was once illegal legal...then what is defined as justice is changed.

I agree that justice shouldn't be at the mercy of the law - for justice does transcend what a society claims is law.

Nor do I agree with defining a penalty as justice - even though in our system that is how the majority of people view it.

But how to reconcile that with a system of laws so that it is fair (or more just)for all?

I think it can be done - I just don't think people really think about the issue until they are caught up in the "system"... or until it's their rights that are in danger.

I'm just pondering...

[Festivito]

5. Feeble fickled fairness

Justice can change, influenced by culture. Also, there is a sense that justice is immutable changed only in our feeble minds. Yet, it is our feeble minds that must effect justice.

Where justice can be right, let it be right; where fair, let it be fair; where indeterminant, let it be contractual according to the rule of law; where unknown, let it be as close to good as we can make it.

But, I won't allow some tertiary element of justice replace the whole concept of justice. Not on my watch.

Delightfully pondering with ya.

[Solly Mack]

6. I love this part of what you said

Where justice can be right, let it be right; where fair, let it be fair; where indeterminant, let it be contractual according to the rule of law; where unknown, let it be as close to good as we can make it.

I agree with you.

I'm listening to the Roberts confirmation hearings....and that man has ideas of justice that comes from the very narrow frame of reference from where he dwells.

[zbdent]

4. There's that strange phrase again, "Rule Of Law"

we heard so much about it in 1998-1999, but then it was strangely silent from 11/2000 to today . . .