The Cost of Justice: Exploring Legal and Ethical Implications

This report provides a comprehensive analysis of the cost of justice, examining its various dimensions, including financial, ethical, and societal impacts. The research delves into the meaning of justice, exploring whether the world is truly attaining it, and investigates the multifaceted costs associated with the pursuit of justice. It considers the perspectives of individuals, the state, and the broader implications for society, including the financial burdens of legal proceedings, the potential for emotional and psychological harm, and the overall economic impact. The report references key thinkers like Aristotle and examines the role of justice in corporate and business ethics, drawing on a range of scholarly sources to support its arguments and conclusions. The analysis highlights the complexities of accessing justice, the challenges faced by individuals and states, and the importance of considering the broader consequences of legal and ethical decisions.

The Cost of Justice
The Cost of Justice
Research Analysis
(Student Details: )

Corporate and Business Ethics
Table of Contents
Abstract............................................................................................................................................2
The meaning of justice.....................................................................................................................3
Are we attaining justice?.................................................................................................................3
The Cost of Justice...........................................................................................................................4
Bibliography....................................................................................................................................6
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Abstract
Justice, in the most elaborated context can contain of what is morally just and also the
philosophical thinking of what is just. In the simplest from, it can be defined from a social
perspective as a “right” which is usually relying on grounds like ethics, morality, fairness and
equity. Thus, the entire concept of Justice relies upon various factors and can include multiple,
innumerable opinions which might involve moral aspects, logical reasoning, ethical base, legal
outlook, equity and rational approach.
The most efficient aspect of justice is its universal nature of application. It is very much a
facet of internationalism. However, as a story can be inferred by each individual in different
aspect, the grounds for justice and the situations can also be inferred in variable forms. But the
main questions is- Is the world attaining justice? In spite of all the reformations and amendments,
international legislations, there seems to be piling of cases rather than deterrence in number of
cases across the globe.
Attaining justice cannot be a crisp and short process and thus it takes years for the
individuals to attain their right which they seek from the system. Certainly, providing justice is
the prime motto of any political system but along with the perks of attaining justice there also
comes a cost which can be in various forms and not just monetary.
In the following research analysis an attempt has been made to throw some light on such
questions in terms of justice.
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The meaning of justice
Justice is indicated to a term which means an action which is in harmony with any law in
a society and there have been various interpretations of its sources and meanings. For few justice
originates from the will of God or command from divine whereas for others it has been inherited
by nature ( Curran, 2018). Every individual preferred justice in some or the other form and every
culture have portrayed its own interpretation of justice. Even in the holy Bible justice holds
recognition and it is said: “Our God is a God of justice and He never perverts it. We are to be
followers of the Lord and we’re to never judge unfairly. God will give everyone what they
deserve” ( DeYoung, 2014). Thus it is well established truth that justice holds its place in nature
by eternity and is not a recent introduction in the lives of mankind.
As per the great thinker Aristotle, justice could be looked into from two perspectives i.e.
universal justice and particular justice who differ from one another in virtues. For almost a
period of 3000 years the world suffered to define such justice and today the meaning varies as
per every little piece of land (Finizio, 2018). Beginning from ancient Greek era, furthering to
medieval and finally attaining enormous scope in the modern era, justice has evolved
significantly.
For the fact that justice is not a result of any specific country’s efforts thus it is
universally common in its existence. Many believe justice to hold norms which are equally
applicable and accessible to the entire humanity. If we look into its narrow meaning, justice can
be exclaimed as “fairness” (Finizio, 2018). It is considered as an act of fairness which is
expected to provide due regard to a rightful interest, to security and safety of all. The various
instruments of democracy of government like judiciary, legislations are present in order to make
such justice accessible to common man.
Are we attaining justice?
In one of the ways to be flexible towards understanding this concept of justice, it is
necessary for the world to loosen up its understanding towards it. The world can certainly build
up its understanding by focusing upon the concepts provided by great thinkers like Aristotle,
Plato or Hume but in the process of decoding these concepts, one can find certain essential
ingredients missing which are much necessary in today’s scenario ( Curran, 2018).
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This interpretation of justice can differ due to different social systems functioning,
different life forms and cultural variety coexisting across the globe. Few years back, the society
was concerned only about curbing a little of known offence such as torture, violation of human
rights (Finizio, 2018). And now the entire world is struggling to deal with innumerable faces of
crimes. Different countries are trying to establish in their own ways as each has different ways to
deal with it. But in spite of such progressive attitude the number of cases are increasing and the
deterrence in the crime rate is rather increasing. Various amendments are being introduced, laws
are reframed, and international bodies are formed in order to protect the society and deliver
justice much more efficiently and on a faster pace ( Fortin & Cojuharenco, 2014). Yet, is Justice
ever found?
The most prominent hurdle in today’s era which a usual person undergoes, in terms of
justice, is access to such instruments which can help in delivering justice ( Goldstone, 2015). In
general it is the well-off individuals who are capable of affording a judicial proceeding in order
to attain justice but what about the ones who lack such financial means? Preferable not! Rather,
in spite of cases being lodged, procedures being followed and accused being taken under judicial
custody, the loop hole existing in these same instruments lead to failure of justice in modern era
(Ward, 2013).
Thus, justice doesn’t stand easily accessible as it is in theories and procedure.
The Cost of Justice
In the general course, after an offender is taken under custody one ends up facing legal
charges by the court which applies concerned laws. However, sometimes attaining justice is far
from ones reach. In the earlier scenario, the legal proceedings were simpler in nature and
approaching courts was affordable by general public. But the case is not same in present
scenario. Today before approaching to a court, an individual needs to consider a lot of factors
like one’s financial state (for both the parties), potential to face social and media allegations even
if one is just a suspect and not a proven accused ( Kumashiro, 2015).
The idea to attain justice needs to be given a lot of thought before approaching to these
institutions which provide justice. The cost involved in filing cases is so high that not every
individual can access to such judicial remedy in the times of need. And the barriers are just not
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confined to individuals but the state itself incurs huge legislative and administrative cost
( Northrup & Currie, 2016).
But it is not just one side of justice that exists. The prime objective to establish judicial
and governing scrutiny is still into existence and it is this effective nature of systems which keeps
the public hopeful in attaining justice.
If viewed from larger picture, attaining justice can appear beneficial for the entire society
for reasons like the offender is penalized for the wrong, compensation to the sufferer for his loss,
a right message is delivered to the society bringing fear in future offenders and deterrence in the
crime rate (Ward, 2013). Yet in this entire procedure, the state along with individuals undergoes
unseen loss.
The criminals usually tend to go hard in their emotional and logical aspect which provoke
them to commit crime in future course as well, the individuals who cannot afford an
administrative cost for a case, end up losing confidence and hope in the system. And off course,
a huge amount of monetary loss that every state bears for never ending legal proceedings can
deter the economy of any country massively ( Goldstone, 2015).
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Bibliography
Curran, L. (2018). Overcoming the Invisible Hurdles to Justice for Young People the Final
Research and Evaluation Report of the Invisible Hurdles Project: Integrated Justice
Practice - Towards Better Outcomes for Young People Experiencing Family Violence in
North East Victo. ANU College of Law Research Paper, 18-31.
DeYoung, K. (2014). Taking God at His Word. London: SPCK.
Fortin, M., & Cojuharenco, I. (2014). It is time for justice: How time changes what we know
about justice judgments and justice effects. Organisational Behavior , 30-56.
Goldstone, R. J. (2015). International Judicial Institutions :The architecture of international
justice at home and abroad. London: Routledge.
Kumashiro, K. K. (2015). Against Common Sense- Teaching and Learning Toward Social
Justice. London: Routledge.
Northrup, D., & Currie, A. (2016). Design and Conduct of the Cost of Justice: Survey.
Commissioned Reports, Studies and Public Policy Documents, 1-181.
Finizio, A. (2018). Aboriginal justice: The true cost of aboriginal incarceration - the case for
justice reinvestment. Law Society of South Australia, 22-23.
Ward, I. (2013). Justice, Humanity and the New World Order. London: Routledge.
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