Name: FAIZAL L.

MALIGA
Course/Yr./Section: BSCE-2A
Sched. Code: 5421
Instructor: Bai Sherma S. Mama
Date Passed: June 28, 2021

LONG QUIZ 1

Show the necessary connection between justice and law?

According to naturalists, rights are logically relevant to all human beings regardless of
location, time, or environment. Natural law gives rise to natural rights. Although a court
judgment is just evidence of the law, the idea that judges always discover the law rather than
making it serves an essential function. Nature's rights are not based on any moral concept or
legislation. Positivists, on the other hand, think that law is created by humans and that the
lawmaker creates a fair law.
The connection between law and justice is unshakable, and the two have a direct link. It
is also often assumed that they are the two sides of a coin. Furthermore, many individuals see
the appropriate application of laws as a kind of justice. However, not all laws are fair and
provide equal rights to all people. Because every rule in a particular community has its own
political, sociological, philosophical, and historical basis, it will undoubtedly benefit and hurt
various groups in a community and cannot provide justice to all of society consistently. It cannot
also treat all humans in the same way.
Apartheid legislation, for example, was not a fair law in the sense that it was designed to
provide human rights to citizens based on their race and color. Individuals of a different race
and color than what is specified in the legislation are not permitted to exercise their rights,
despite the fact that they are human beings. And the lawmaker has just utilized the law to
achieve its goal, and the law is not being utilized to serve justice in this situation.

There are also laws that violate people' inherent rights. In the Ethiopian context, Council
of Ministers Regulation No. 155/2008, a law enacted for Administration of the Employees of the
Ethiopian Revenues and Customs Authority, empowers the Director General of the Ethiopian
Revenues and Customs Authority, under its article 1, to fire employees from duty without
following formal disciplinary procedures whenever he suspects the employee of engaging in
corruption. According to the legislation, the Director General fired over 200 employees. The
General simply said in his judgment that he lost faith in them, but he did not specify how he lost
faith in them. The employee filed an appeal with the federal civil service administrative Court,
alleging a violation of their natural right (the right to a fair hearing). On a majority vote, the case
was resolved in favor of the defendant. The employee appellant appealed to the Federal
Supreme Court, and the court upheld the lower court's ruling. The statute merely gives the
Director immense powers and breaches the basic right to a fair hearing, which is granted in
several international human rights treaties and even in the FDRE Constitution.
 Law governs people's lives and is required by society. Its primary goal is to minimize
unfettered desire and unprocessed force and to establish a system. As a consequence, a
system of rights and freedom complemented by obligations is created.
As a result, the objective of law is not to provide excessive rights to a single person,
such as the authority granted to the Director General of Revenue and Customs Authority, but
rather to establish a system in which rights and freedom are supported by obligations.
Finally, we may infer that enacting laws for the benefit of the whole society might be
seen as a manner of serving justice. In this view, for a law to be deemed a way of serving
justice, it must first and foremost represent fair distribution of products, opportunities, resources,
and rights and should not be the utility of a few. And, as Thomas Aquinas said, the primary goal
of legislation should be to preserve the common good. Second, this legislation should be
correctly and efficiently applied to all comparable circumstances in the same way, without any
distinction. But, in fact, there are laws that violate natural law, and there are also situations
when laws are not effectively implemented. It is difficult to deliver justice via legislation in such
cases. As a result, since law is a means to a goal, it must be a fair law in order to be used as a
method of serving justice.