concept of (in)justice mainly based on nazi

8/9/2019 Concept of (in)Justice Mainly Based on Nazi

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Concept of (In)justiceConcept of (In)justice

Mainly Based on NaziMainly Based on NaziLawsLawsBy Dr. Myint Zan ©By Dr. Myint Zan ©


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Justice may be defned in Justice may be defned in

conjunction with injusticeconjunction with injustice

But what is ‘just’ and ‘unjust’ mayBut what is ‘just’ and ‘unjust’ may

not be easily identifable simplynot be easily identifable simply

based on a criterion or criteriabased on a criterion or criteria

and mechanically applying them.and mechanically applying them.


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s injustice simply an absence o!s injustice simply an absence o!

justice or a ‘polar negati"e’ justice or a ‘polar negati"e’

ha"ing its own distincti"e criteriaha"ing its own distincti"e criteria #ompare in paleontology#ompare in paleontology

‘absence o! e"idence is not‘absence o! e"idence is not

e"idence o! absence’e"idence o! absence’


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‘‘njustice’ or un!airness can start !romnjustice’ or un!airness can start !romrelati"ely minor things li$e income o!relati"ely minor things li$e income o!

job inter"iews to the unjust political job inter"iews to the unjust politicalregimes such as that o! the %a&isregimes such as that o! the %a&is'()**+(),-/ 0talinist 0o"iet 1nion'()**+(),-/ 0talinist 0o"iet 1nion'especially during the ()*2s/ 3hmer'especially during the ()*2s/ 3hmer

4ouge regime '()5-+56/ atrocities4ouge regime '()5-+56/ atrocities4wanda '()), and Bosnia '())2s to4wanda '()), and Bosnia '())2s togi"e selecti"e e7amplesgi"e selecti"e e7amples


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njustice or unjust politicalnjustice or unjust political

regimes in"ol"ing mass murder isregimes in"ol"ing mass murder is

not peculiar to only one type o!not peculiar to only one type o!political systempolitical system


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8he %a&i '8hird 4eich regime 8he %a&i '8hird 4eich regime

though stated as ‘the worstthough stated as ‘the worst

"iolators o! human rights’ o! the"iolators o! human rights’ o! the9292thth century cannot be regardedcentury cannot be regarded

as ‘uni:ue’ in its e"il politicalas ‘uni:ue’ in its e"il political

ways.ways.


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;"en though gross abuses o!;"en though gross abuses o!

human rights were committed byhuman rights were committed by

the %a&i regime whose laws werethe %a&i regime whose laws wereunjust so that no !ormalunjust so that no !ormal

description or legalistic analysisdescription or legalistic analysis

o! the %a&i laws can be made thiso! the %a&i laws can be made thisis not correct.is not correct.


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8ra


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4e"isit the ‘grudge in!ormer’ case4e"isit the ‘grudge in!ormer’ case

Because the %a&i regime wasBecause the %a&i regime was

completely de!eated a postcompletely de!eated a post

0econd =orld war analysis o!0econd =orld war analysis o!

%a&i laws was made possible%a&i laws was made possible


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>on > ?uller stated in his ‘nner>on > ?uller stated in his ‘nner

morality o! law’ that !ailure tomorality o! law’ that !ailure to

adhere to the ‘eight benchmar$s’adhere to the ‘eight benchmar$s’or criteria mainly in terms o!or criteria mainly in terms o!

procedural !airness could gi"e riseprocedural !airness could gi"e rise

to breach o! the ‘inner morality o!to breach o! the ‘inner morality o!law’ and also to injusticelaw’ and also to injustice


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But there are laws which areBut there are laws which are

inherently unjust in theirinherently unjust in their

substance e"en when correctlysubstance e"en when correctlyapplied.applied.


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#ase o!#ase o! Leidmann v ReisenthalLeidmann v Reisenthal -5-5

%@ 0t. 4eps. '9d 65-.%@ 0t. 4eps. '9d 65-.

Alainti sought to escape racialAlainti sought to escape racialpersecution in %a&i+occupiedpersecution in %a&i+occupied

?rance. Aaid de!endants?rance. Aaid de!endants

substantial sum o! money and hadsubstantial sum o! money and hadhanded "aluable jewellery andhanded "aluable jewellery and

moneymoney


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>ater de!endant ‘abandoned’>ater de!endant ‘abandoned’

them plainti able to escape to 10them plainti able to escape to 10

!ound the de!endant in %ew @or$!ound the de!endant in %ew @or$and brought action against himand brought action against him

!or damages.!or damages.

De!endants claim the contractDe!endants claim the contractwas ‘illegal’ '‘>egality o! purpose’was ‘illegal’ '‘>egality o! purpose’

and there!ore cannot be en!orced.and there!ore cannot be en!orced.


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#ourt said !ormal illegality o! the#ourt said !ormal illegality o! the

contract could not act as a ‘bar’ tocontract could not act as a ‘bar’ to

action !or restitutionaction !or restitution =hat e"er its status o! the Cichy=hat e"er its status o! the Cichy

'%a&i installed ?rench'%a&i installed ?rench

go"ernment during the 0econdgo"ernment during the 0econd=orld war 10 court would not=orld war 10 court would not

en!orce it now.en!orce it now.


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uery what would E:uinas/uery what would E:uinas/

Fobbes and >oc$e would ha"eFobbes and >oc$e would ha"e

said to the laws and the decisionsaid to the laws and the decisiono! the 10 courto! the 10 court


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Gther unjust laws comparable toGther unjust laws comparable to

%a&i racial laws 0outh E!rica’s%a&i racial laws 0outh E!rica’s

apartheid lawsapartheid laws nternational human rights lawnternational human rights law

starting with the 1DF4 ha"e itsstarting with the 1DF4 ha"e its

possible source in the injustice o!possible source in the injustice o!%a&i laws%a&i laws


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Fowe"er the concept o! justness andFowe"er the concept o! justness and

unjustness is based not only on theunjustness is based not only on the

concept o! human rights’concept o! human rights’ %a&i regime hardly uni:ue in its%a&i regime hardly uni:ue in its

e"ilness two main issues regardinge"ilness two main issues regarding

the %a&i laws unjustness isthe %a&i laws unjustness is

substanti"ely pro!oundly unjust wheresubstanti"ely pro!oundly unjust where

status is penali&ed not conductstatus is penali&ed not conduct


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n the procedural applications ton the procedural applications to

the applications o! the law werethe applications o! the law were

unjustunjust Fumanity should be treated as anFumanity should be treated as an

‘end itsel!’ and not a means to an‘end itsel!’ and not a means to an

endend


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8here!ore justice and injustice may 8here!ore justice and injustice maybe dierently distinct conceptsbe dierently distinct concepts

rather than the absence o! justicerather than the absence o! justice

Mcoubrey and =hite states that inMcoubrey and =hite states that interms o! societal justice may in"ol"eterms o! societal justice may in"ol"e

balancing between indi"idualbalancing between indi"idualaspiration and collecti"e needaspiration and collecti"e need


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njustice would in"ol"e thenjustice would in"ol"e the

condition o! a society in which thecondition o! a society in which the

humanity o! the people li"ing in ithumanity o! the people li"ing in itboth indi"idually and in societyboth indi"idually and in society


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n most cases it would rarely ben most cases it would rarely be

per!ectly just or monstrouslyper!ectly just or monstrously

unjustunjust

concept of (in)justice mainly based on nazi

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