The paradoxical nature of justice is that while it aims to be fair and just,
it is often influenced by social, political, and economic factors. The system
can be biased against certain individuals or groups based on their race, gender,
or social status.
Studies have shown that people of color are more likely to be convicted of
crimes and receive harsher sentences than their white counterparts, highlighting
the racial biases that exist within the justice system.
Though People comes in court seeking Justice in Black in white. What comes out
of that, is beyond their expectations. It's because of the paradox which
prevails in the justice delivery system.
Lawyers' and judges' subjective perceptions and interpretations also play an
important role in shaping the objectivity of law. Lawyers and judges are not
objective or neutral actors; they are human beings with biases, values, and
perspectives that shape their understanding and application of the law.
A judge's interpretation of a constitutional provision, such as the right to
privacy, may differ depending on their political ideology, personal experience,
and moral beliefs, for example. Similarly, even if the law is impartial and
neutral, a lawyer's argument in a criminal case can be influenced by their
client's race, gender, or socioeconomic status.
Furthermore, legal reasoning is not purely deductive or logical, but requires
some creativity and judgement as well. Lawyers and judges must make decisions
and use discretion when applying legal principles to the facts of a case, which
can result in conflicting interpretations and outcomes.
The difficult problem of law extends beyond the interpretation and application
of the law to the legislative process itself. Lawmaking is a complicated and
iterative process of negotiation, compromise, and consensus-building that
reflects society's diverse interests and perspectives.
Legislators' and stakeholders' subjective perceptions and interpretations shape
the content and form of law, making it a reflection of societal values and
For example, in the United States, the legalisation of same-sex marriage was the
result of a long and arduous process of social and political activism, legal
advocacy, and legislative action that reflected changing societal attitudes
towards LGBTQ+ rights.
To summarise, the hard problem of law is a multifaceted and complex challenge
that reflects the tension between the objective nature of law and the subjective
experiences and interpretations of those who apply it.
Lawyers' and judges' subjective perceptions and interpretations play a critical
role in shaping the objectivity of law, making legal reasoning and
decision-making a complex and nuanced exercise.
To address the hard problem of law, we must recognise and embrace the complexity
and diversity of legal practise while also promoting greater transparency,
accountability, and ethical behaviour in the legal profession.
The paradoxical nature of the justice delivery mechanism is a complex issue that
requires a nuanced understanding of the social, political, and economic factors
that influence the system. While the justice system aims to be fair and just, it
is often influenced by biases, fails to address the root causes of crime, and
can be difficult for individuals to access.
More over people should also recognise this inherent paradox. What they expect
,is the absolute truth, which can not be posibble. This inherent delimma is
inseparable part and parcel of the justice delivery system and people should be
liberal enough to just accept it.
Written By: Ajay Amitabh Suman,
IPR Lawyer , Hon'ble High Court of Delhi
Mob:9990389539, Email: [email protected]
Please Drop Your Comments