Expert: Michael Troy - 6/30/2011

Question
between justice and law what comes first?

Answer
I suppose that is a matter of personal philosophy.  I'm happy to offer my opinion, but please be aware that it is just that and that other might have different but equally valid views.

Laws are the rules by which society lives.  In a well functioning society, laws are clearly understood and apply equally to all.  Justice, on the other hand, is an ideal of fairness, which may be different in everyone's mind.  Ideally, laws are based on justice, but since ideas of justice vary, most people will find disparities in at least some areas.

In my view, certain professions are ethically obligated to put the law first.  Police, prosecutors, and judges are all agents of law enforcement.  If they fail to enforce the law, even one they find unjust, they are not doing their jobs and are replacing their personal judgements for those which society has established.

That said, there are times when even those in law enforcement may find laws too unjust to enforce.  A commonly used example is Nazi Germany where laws required citizens to turn in Jews or members of other persecuted groups.  Most would agree it is admirable when people, including law enforcement officers, ignored such laws in favor of basic notions of humanity.

There is also a large body of thought that holds that unjust laws are invalid and may be ignored.  The non-violence philosophies of Thoreau, Gandhi, and ML King, are some of the most well known examples of this.  Violent revolution to overthrow an unjust government is also an example.  Many revolutionaries are lauded for their opposition to unjust laws.  By contrast, few people laud those who choose law over justice and work to enforce unjust laws.

I hope this helps!
- Mike