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The Paradoxical Nature of Law

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 norms.

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]

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