Justice And The Majority: Philosophy Forums

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Justice And The Majority

Wise Sage
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Posted 11/06/09 - 11:26 AM:	#11
Mako wrote: I think you need to rephrase your questions for the sake of coherency. Most Western democracies are constitutional-democracies and thus legislation, policies and regulations are limited by the basic, guiding constitutional principles which govern a nation. Legislation, regulations etc. are therefore subject to judicial review (i.e. appeals). Constitutions and judicial review thus serve to moderate the effects of majority rule. Constitutional adjudication however is subject to varying interpretations and those interpretations tend to vary over time, according to which direction the political winds have been blowing. "Constitutions and judicial review thus serve to moderate the effects of majority rule". You never said this or this "interpretations tend to vary over time, according to which direction the political winds have been blowing". You never said this or do you wish to deny it?

Wise Sage
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Posted 11/06/09 - 11:35 AM:	#12
Wise Sage wrote: "Constitutions and judicial review thus serve to moderate the effects of majority rule". You never said this or this "interpretations tend to vary over time, according to which direction the political winds have been blowing". You never said this or do you wish to deny it? Most philosophers also make bold statements, wait for questions and then try to provide an answer on what they belief. Forgive me for being the opposite of a fool.

Weisen
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Posted 11/06/09 - 12:29 PM:	#13
Perhaps morality is determined by the majority and even out of selfish need and benefits, but this all depends on your view. Anything considered wrong is considered something that one does for himself (out of selfish desires). Most wrong doings are not chosen by the majority out of randomness, nor what they 'feel', but what is observed over time, how it effects things, and how this spreads considered negative effects. I suggest you read some Buddhist works, for they have a great deal on this.

Shamantrixx
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Posted 11/06/09 - 01:29 PM:	#14
treemanshope wrote: "Justice without mercy is cruelty; mercy without justice is the mother of dissolution." Thomas Aquinas. Justice is the denial of mercy and mercy is the denial of justice. Only a higher force can reconcile these opposites: wisdom. Nice... but it fails to explain why showing mercy often feels like delivering justice... from a personal point of view, of course.
Everybody experiences far more than he understands. Yet it is experience, rather than understanding, that influences behavior. Marshall McLuhan

treemanshope
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Posted 11/06/09 - 04:19 PM:	#15
E.F. Schumachers explains the process as mutually opposed activities. Justice and mercy. "The problem cannot be solved, but wisdom can transcend it. Similarly, societies need stability and change, tradition and innovation, public interest and private interest, planning and laissez-faire, order and freedom, growth and decay. Everywhere society's heath depends on the simultaneous pursuit of mutually opposed activities or aims. The adoption of a final solution means a kind of death sentence for mans humanity and spells either cruelty or dissolution, generally both." Justice cannot exist without mercy.

treemanshope
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Posted 11/06/09 - 04:21 PM:	#16
Wise Sage wrote: Most philosophers also make bold statements, wait for questions and then try to provide an answer on what they belief. Forgive me for being the opposite of a fool. The opposite of a fool may well be another fool.

treemanshope
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Posted 11/06/09 - 04:28 PM:	#17
Justice and mercy are a collaboration. A unity of opposites.

Weisen
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Posted 11/07/09 - 08:07 AM:	#18
treemanshope wrote: Justice and mercy are a collaboration. A unity of opposites. Mercy is not justice it is weakness to uphold it.

Weisen
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Posted 11/07/09 - 08:07 AM:	#19
treemanshope wrote: The opposite of a fool may well be another fool. And would that fool be called by the name of treemanshope...?

reincarnated
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Posted 11/07/09 - 08:52 AM:	#20
Justice and morality, like history, are written by the victors. A version of justice arrived at via a democratic process will be more acceptable to a majority of people than a version which is arrived at via a non-democratic process - but this does not make it "more just" - simply "more popular"
crumpled bits of paper, filled with imperfect thoughts... we all talk a different language, talking in defence... and if you don't give up, and don't give in, you may just be ok... (Mike & The Mechanics, "The Living Years")

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