Jurisprudence is an enormous, open-ended, and infrequently daunting topic, really as a result of its hyperlinks with various different disciplines, resembling philosophy, sociologyand political technology. The solutions given within the textual content clarify the character and value of those hyperlinks and search to solve their complexity. Descriptions and definitions of jurisprudential phrases are given through the booklet.
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Additional resources for Jurisprudence Q&A (Questions & Answers)
An essential feature of justice is its concern with relationships among individuals, reflecting good judgment and a fundamental sense of fairness. ’ The unjust man is the man who breaks the law and the man who takes more than his due. Hence, distributive justice involves ‘some sort of equality’ among individuals in accordance with what they deserve. It demands the equitable distribution or allotment to members of the community of ‘the things of this world’ in accordance with the principle of proportionate equality, which necessitates a measuring standard of ‘merit and civil excellence’.
A multitude of crafts and craftsmen will emerge. Exhaustion of the community’s resources may result and wars with other communities will take place, necessitating the creation of an army of warriors. From the ranks of the warriors will emerge the guardians of the state, and from the most highly trained guardians will come an elite which will rule the state. The three classes – craftsmen, guardians, and rulers – epitomise, according to Plato, the ‘three parts of the soul’, that is, the appetitive, the spirited and the rational.
The stage is set for democracy – a further degeneration. Modern jurists emphasise that Plato probably could not have had in mind a style of democracy other than that which he had experienced in the small city state of Athens. Direct popular government, as practised in Athens, seemed to him a total violation of the concept of a state ruled by those with special, trained aptitudes. Within a democracy, justice will be incomplete and inadequate. The final degeneration takes the form of despotism, a reflection of the ‘enlargement of the unjust soul’.
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