What is "Justice"?, Form #05.050(OFFSITE LINK) - Everyone wants "justice" but no one can agree on its definition. This memorandum ends ALL argument about the subject. Please read. Sovereignty Education and Defense Ministry
Imprecatory Prayer (OFFSITE LINK) - Pastor John Weaver. Imprecatory prayers are pleas in God's court for JUSTICE as biblically defined in God's Laws.
- Part 1
- Part 2
- Part 3
- Part 4
What is "Social Justice"? (OFFSITE LINK) - Prager University. "Social Justice" is the OPPOSITE of "justice" from a legal perspective.
"No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. As well said by Judge Cooley; "The right to one's person may be said to be a right of complete immunity: to be let alone." Cooley on Torts, 29."
[Union Pac. R. Co. v. Botsford, 141 U.S. 250, 251 (1891)]
Windsor v. McVeigh, 93 U.S. 274, 277 (1876)
“*277 There were several libels of information filed against the property of the plaintiff at the same time with the one here mentioned. They were identical in their allegations, except as to the property seized, and the same motion to strike from the files the appearance, claim, and answer of the respondent was made in each case, and on the same day, and similar orders were entered and like decrees of condemnation. One of these was brought here, and is reported in the 11th of Wallace. In delivering the unanimous opinion of this court, upon reversing the decree in the case, and referring to the order striking out the claim and answer, Mr. Justice Swayne said: "The order in effect denied the respondent a hearing. It is alleged he was in the position of an alien enemy, and could have no locus standi in that forum. If assailed there, he could defend there. The liability and right are inseparable. A different result would be a blot upon our jurisprudence and civilization. We cannot hesitate or doubt on the subject. It would be contrary to the first principles of the social compact and of the right administration of justice." 11 Wall. 267.
The principle stated in this terse language lies at the foundation of all well-ordered systems of jurisprudence. Wherever one is assailed in his person or his property, there he may defend, for the liability and the right are inseparable. This is a principle of natural justice, recognized as such by the common intelligence and conscience of all nations. A sentence of a court pronounced against a party without hearing him, or giving him an opportunity to be heard, is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.
That there must be notice to a party of some kind, actual or constructive, to a valid judgment affecting his rights, is admitted. Until notice is given, the court has no jurisdiction in any case to proceed to judgment, whatever its authority may be, by the law of its organization, over the subject matter. But notice is only for the purpose of affording the party an opportunity of being heard upon the claim or the charges made; it is a summons to him to appear and speak, if he has any thing to say, why the judgment sought should not be rendered. A denial to a party of the benefit of a notice would be in effect to 278*278 deny that he is entitled to notice at all, and the sham and deceptive proceeding had better be omitted altogether. It would be like saying to a party, Appear, and you shall be heard; and, when he has appeared, saying, Your appearance shall not be recognized, and you shall not be heard. In the present case, the District Court not only in effect said this, but immediately added a decree of condemnation, reciting that the default of all persons had been duly entered. It is difficult to speak of a decree thus rendered with moderation; it was in fact a mere arbitrary edict, clothed in the form of a judicial sentence.
The law is, and always has been, that whenever notice or citation is required, the party cited has the right to appear and be heard; and when the latter is denied, the former is ineffectual for any purpose. The denial to a party in such a case of the right to appear is in legal effect the recall of the citation to him. The period within which the appearance must be made and the right to be heard exercised, is, of course, a matter of regulation, depending either upon positive law, or the rules or orders of the court, or the established practice in such cases. And if the appearance be not made, and the right to be heard be not exercised, within the period thus prescribed, the default of the party prosecuted, or possible claimants of the property, may, of course, be entered, and the allegations of the libel be taken as true for the purpose of the proceeding. But the denial of the right to appear and be heard at all is a different matter altogether.”
[Windsor v. McVeigh, 93 U.S. 274, 277 (1876)]
She looked at Judge Narragansett. "You quit over the same case, didn't you?"
"Yes," said Judge Narragansett. "I quit when the court of appeals reversed my ruling. The purpose for which I had chosen my work was my resolve to be a guardian of justice. But the laws they asked me to enforce made me the executor of the vilest injustice conceivable. I was asked to use force to violate the rights of disarmed men, who came before me to seek my protection for their rights. Litigants obey the verdict of a tribunal solely on the premise that there is an objective rule of conduct, which they both accept. Now I saw that one man was to be bound by it, but the other was not, one was to obey a rule, the other was to assert an arbitrary wish - his need - and the law was to stand on the side of the wish. Justice was to consist of upholding the unjustifiable. I quit - because I could not have borne to hear the words 'Your Honor' addressed to me by an honest man."
[Atlas Shrugged, 35th Anniversary Edition, Ayn Rand, p. 651]
No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. As well said by Judge Cooley; "The right to one's person may be said to be a right of complete immunity: to be let alone." Cooley on Torts, 29.
For instance, not only wearing apparel, but a watch or a jewel, worn on the person, is, for the time being, privileged from being taken under distress for rent, or attachment on mesne process, or execution for debt, or writ of replevin. 3 Bl. Com. 8; Sunbolf v. Alford, 3 M. & W. 248, 253*, 254*; 252*252 Mack v. Parks, 8 Gray, 517; Maxham v. Day, 16 Gray, 213.
The inviolability of the person is as much invaded by a compulsory stripping and exposure as by a blow. To compel any one, and especially a woman, to lay bare the body, or to submit it to the touch of a stranger, without lawful authority, is an indignity, an assault and a trespass; and no order or process, commanding such an exposure or submission, was ever known to the common law in the administration of justice between individuals, except in a very small number of cases, based upon special reasons, and upon ancient practice, coming down from ruder ages, now mostly obsolete in England, and never, so far as we are aware, introduced into this country.
[Union Pacific R. Co. v. Botsford, 141 U.S. 250 (1891)]
Black's Law Dictionary, Sixth Edition, p. 864:
Title given to judges, particularly judges of U.S. and state supreme
courts, and as well to judges of appellate courts. The U.S. Supreme
Court, and most state supreme courts are composed of a chief justice
and several associate justices.
Proper administration of
laws. In jurisprudence, the constant and perpetual disposition
of legal matters or disputes to render every man his due.
Commutative justice concerns obligations as between persons (e.g., in exchange of goods)
and requires proportionate equality in dealings of person to person; Distributive justice concerns obligations of the community to
the individual, and requires fair disbursement of common advantages
and sharing of common burdens; Social justice concerns obligations
of individual to community and its end is the common good.
In Feudal law, jurisdiction;
judicial cognizance of causes or offenses. High justice
was the jurisdiction or right of trying crimes of every kind, even the
highest. This was a privilege claimed and exercised by the great
lords or barons of the middle ages. Law justice was jurisdiction
of petty offenses.
See also Miscarriage
of justice; Obstructing justice.
[Black's Law Dictionary,
Sixth Edition, p. 864]
The Law, Frederic Bastiat
Justice Means Equal Rights
Law is justice. And it would indeed be strange if law could properly be anything else! Is not justice right? Are not rights equal? By what right does the law force me to conform to the social plans of Mr. Mimerel, Mr. de Melun, Mr. Thiers, or Mr. Louis Blanc? If the law has a moral right to do this, why does it not, then, force these gentlemen to submit to my plans? Is it logical to suppose that nature has not given me sufficient imagination to dream up a utopia also? Should the law choose one fantasy among many, and put the organized force of government at its service only?
Law is justice. And let it not be said - as it continually is said - that under this concept, the law would be atheistic, individualistic, and heartless; that it would make mankind in its own image. This is an absurd conclusion, worthy only of those worshippers of government who believe that the law is mankind.
Nonsense! Do those worshippers of government believe that free persons will cease to act? Does it follow that if we receive no energy from the law, we shall receive no energy at all? Does it follow that if the law is restricted to the function of protecting the free use of our faculties, we will be unable to use our faculties? Suppose that the law does not force us to follow certain forms of religion, or systems of association, or methods of education, or regulations of labor, or regulations of trade, or plans for charity; does it then follow that we shall eagerly plunge into atheism, hermitary, ignorance, misery, and greed? If we are free, does it follow that we shall no longer recognize the power and goodness of God? Does it follow that we shall then cease to associate with each other, to help each other, to love and succor our unfortunate brothers, to study the secrets of nature, and to strive to improve ourselves to the best of our abilities?
[The Law, Frederic Bastiat]
The object of Law is the administration of justice. Law is a
body of rule for the systematic and regular public
administration of justice. Hence we may
ask, at the outset, what is justice?
INSTITUTES OF JUSTINIAN, I, I, sees. 1, 3.
Justice is the set and constant purpose which gives to every man
his due. The precepts of law are these: to live honorably, to
no one, and to" give every man his due.
[Readings on the History and System of Common Law, Second Edition,
1925, Roscoe Pound, p. 1]
PAULSEN, ETHICS (Thilly's translation), chap. 9.
Justice, as a moral habit, is that tendency of the will and mode of
conduct which refrains from disturbing the lives and interests of
others, and, as far as possible, hinders such interference on the
part of others. This virtue springs from the individual's respect
for his fellows as ends in themselves and as his co equals. The
different spheres of interests may be roughly classified as follows:
body and life; the family, or the extended individual life;
property, or the totality of the instruments of action; honor, or
the ideal existence; and finally freedom, or the possibility of
fashioning one's life as an end in itself. The law defends these
different spheres, thus giving rise to a corresponding number of
spheres of rights, each being protected by a prohibition. . . . To
violate the rights, to interfere with the interests of others, is
injustice. All injustice is ultimately directed against the life of
the neighbor; it is an open avowal that the latter is not an end in
itself, having the same value as the individual's own life. The
general formula of the duty of justice may therefore be stated as
follows: Do no wrong yourself, and permit no wrong to be done, so
far as lies in your power; or, expressed positively: Respect and
protect the right.
[Readings on the History and System of Common Law, Second Edition,
1925, Roscoe Pound, p. 2]
"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men."
[Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting); see also Washington v. Harper, 494 U.S. 210 (1990)]
United States v. On Lee, 193 F.2d. 306 (1951)
“. . . But I believe that, under the Amendment, the 'sanctity of a man's house and the privacies of life' still remain protected from the uninvited intrusion of physical means by which words within the house are secretly communicated to a person on the outside. A man can still control a small part of his environment, his house; he can retreat thence from outsiders, secure in the knowledge that they cannot get at him without disobeying the Constitution. That is still a sizable hunk of liberty- worth protecting from encroachment. A sane, decent, civilized society must provide some such oasis, some shelter from public scrutiny, some insulated enclosure, some enclave, some inviolate place-which is a man's castle. . .”
[United States v. On Lee, 193 F.2d. 306 (1951)]
Thomas Jefferson: 1st Inaugural, 1801. ME 3:320
"With all [our] blessings, what more is necessary to make us a happy and a prosperous people? Still one thing more, fellow citizens--a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities."
[Thomas Jefferson: 1st Inaugural, 1801. ME 3:320]
“Do not strive with [or try to regulate or control or enslave] a man without cause, if he has done you no harm.”
[Prov. 3:30, Bible, NKJV]
JUSTICE - The
constant and perpetual disposition to render every man his due. Justinian,
Inst. b. 1, tit. 1; Co. 2d Inst. 56.
Easton's Bible Dictionary, 1996
Justice — is rendering
to every one [equally, whether citizen or alien] that which
is his due. It has been distinguished from equity in this respect,
that while justice means merely the doing [of] what positive
law demands, equity means the doing of what is fair and
right in every separate case. 
[Easton’s Bible Dictionary,
is the end of government. It is the end of civil society. It ever has
been, and ever will be pursued, until it be obtained, or until liberty
be lost in the pursuit."
Federalist No. 51 (1788), James Madison]
"For the LORD loves justice, and does not forsake His saints; They are preserved forever,
But the descendants of the wicked shall be cut off."
[Psalm 37:28, Bible, NKJV]
The mouth of the righteous
And his tongue talks of justice.
The law of his
God is in his heart;
None of his steps shall slide.
[Psalm 37:30-31, Bible, NKJV]
"Righteousness and justice are the foundation of Your [God's] throne; Mercy and truth go before
[Psalm 89:14, Bible, NKJV]
"He [God] loves righteousness
The earth is full of the goodness of the LORD.
" [Psalm 33:5, Bible, NKJV]
"Blessed are those who
And he who does righteousness at all times!
[Psalm 106:3, Bible, NKJV]
"Better is a little with
righteousness, Than vast revenues without justice. "
[Prov. 16:8, Bible, NKJV]
"A wicked man accepts a
bribe behind the back to pervert the ways of justice. "
[Prov. 17:23, Bible, NKJV]
"The king establishes the
land by justice, But he who receives bribes overthrows it. "
[Prov. 29:4, Bible, NKJV]
"Learn to do good; Seek justice, Rebuke the oppressor; Defend the fatherless, Plead for
[Isaiah 1:7, Bible, NKJV]
Gerry Spence "With Justice For None" p.124
"The best antidote for
crime is justice. The irony we often fail
to appreciate is that the more justice people
enjoy, the fewer crimes they commit. Crime is the natural offspring
of an unjust society."
[Gerry Spence "With Justice
For None" p.124]
George Mason, Virginia Declaration of Rights,
"That no free Government,
or the blessing of liberty, can be preserved to any people but by a
firm adherence to justice..."
[George Mason, Virginia
Declaration of Rights, (1776)]
Magna Carta, ch. 40 (1215)
"To no one will we sell,
to no one will we refuse or delay right or justice."
[Magna Carta, ch. 40 (1215)]