Following the revival of human rights, there was a time when justice was the flag of those who all wanted to say they were in love with people, all spoke of a more just society, but never talked about whom, they forgot the fact that the world of being is completely different from the world that should be. The concept of legitimacy refers to the morals, norms, values and moral goals that govern a community or society. Conduct that may be based or justified on these criteria and benchmarks is legitimate. It is precisely a question of legitimizing when a personal or collective behaviour, a social or political norm or an institution of society or the State can show the moral dimension underlying its action or content. The concept of illegitimacy is applied when this moral dimension, which is part of the mood or culture of a society or group, is not taken into account or discovered. It can therefore be said that legitimacy inspires recognition, observance and fulfillment, not so much obedience as the law requires. Restorative justice seeks to redress the experiences of those who have suffered unjustly. Retributive justice aims to punish offenders in an objective and proportionate manner. Criminal justice refers to the implementation of legal decisions based on impartial and fair trials. That is, the actions that a person performs reflect his morality, his feeling, people are the ones who catalog whether an action is good or bad, if it deserves to be sanctioned in a norm, morality is the result of customs, family, religion, environment. These factors determine the thought of the subject and therefore his actions, during the existence of the law there are thinkers who think that morality and law are different things, or there are those who think that they are united concepts.
Morality will inevitably lead to rules of conduct. In the ideal world, they should not be united, but in the real world, they are united. For example, in Mexico, people with morality strongly influenced by religion are against equal marriages and the adoption of children by same-sex couples, which led to a march to ban this, although those who march say it is about public morality, it only affects their morality, not everyone`s. But even then, their morality will lead to a standard. The concept of legality refers to the law and the norm and the behaviours derived from it. Conduct is legal if it conforms to the standard from which it is derived. A norm is lawful if its promulgation and content comply with the legal framework established by the Constitution or the law. The law is imposed by law, available coercive mechanisms or by personal and civic conviction. That is why it is a question of obeying the law. We then see, with these two examples, that justice is very relative to each person and his scale of values, to speak of justice and law is to speak of something abstract that may or may not be mixed.
In the world of the senses, what we see or perceive every day is the world that really exists, in the world of ideas, that is, in our minds we all have an idea of what the ideal world should be, in these ideas is justice, that is, there are ideas of justice, Since there are people in the world, building a general idea of justice for the world is a daunting, if not impossible, task. The morality of human rights is based on the concept of human dignity, which today has become the moral criterion par excellence and legitimizes the actions of the State and any organization. Dignity is our awareness of the non-negotiable value of ourselves and others, for which we are fully responsible. Dignity has nothing to do with selfishness, fame, money or power, as has been suggested. On the contrary, it is the essence in which we recognize ourselves in freedom, equality of rights and duties, in radical solidarity. Every public servant should ask himself when approving a withdrawal: “Is this a moral compromise?” For many people, justice refers to equality. While justice is important to almost everyone, it can mean different things. When we talk about law, the idea of justice that invades the feelings of people with legal practice is inherent, even people with less legal literacy associate it with justice, but the reality is far from what human rights defenders have sold us. Everything that is theoretical is designed to give an explanation to practice, to the existing, in the case of justice, is an abstract construct to imply a set of ideas that are morally acceptable to a certain part of society. The relationship between morality and law represents one of the most important and complex questions in legal philosophy, especially if we take into account whether it concerns the concept of law, its application, the relationship between legality and justice, or the delicate question of legal obedience. Morality and law refer to an important part of human behavior and are broadly expressed in the same terms (duty, obligation, guilt, responsibility).
It can be said that the content of the law clearly depends on current social morality, just as any social morality claims to have the forced strengthening of the law in order to achieve social efficiency. Law is not justice, simply because a common idea of justice is unthinkable, besides the fact that the law will never be just for all the people to whom it is addressed in a society, the law in its simplest form is understood as a set of rules, aims to restrict the exercise of human action, If the rules are considered unfair to a society, but are nevertheless fair to the majority, then that is the case; Land that is expropriated in a community, but it is necessary to expropriate it for the construction of a road, legally for reasons of public interest is expropriated, it is fair, for the people who will use the road, but for the community, it is unfair what idea of justice is just in this case, both are right, because they represent the interest of a population in a particular place and at a particular time. Of course, the fact that law and morality are different does not mean that there is an absolute separation between the two orders, as some positivist ideas claim: on the contrary, law and morality are closely related, and the indication of this link is given to us precisely by something we said earlier: Morality is the order of the person. and the law the order of society. That morality is the order of the person and the law The order of society shows us that morality and law are different, but at the same time it shows us that they are intimately linked, since the social dimension is precisely an essential dimension of the human person and social harmony is one of the existential goals of man. according to which the moral rectitude of our conduct must be assessed. The State is founded on a social contract resulting from agreements between citizens, if its legality is based on submission to the law, to a duly promulgated legal order, the concept of the rule of law arises. This state must build legitimacy, because without it it it is not possible to guarantee the support of the citizens, their stability and stability. Aristotle says that states ensure their stability through justice and the goodness of the ruler`s actions, thus legitimizing themselves and attaining higher levels of governability that law alone does not guarantee. Justice should not be associated with law simply because there is no idea of justice in the world that is valid for everyone. Like what; In countries of Islamic faith, women must wear the burqa and cover their faces, for Westerners this practice is not right, but for the inhabitants of these countries, it is just because their religion dictates it. These are two completely opposite notions of justice.
In the case of Mexico, paying for a wall is fair to the people who propose it, because in their ideal of justice, we are responsible for the misfortune of the people of this country, so it is right that we pay for it. For example, social justice is the idea that we all deserve equal economic, political and social opportunities, regardless of gender, ethnicity or religion. Distributive justice refers to the equitable distribution of goods in society. Environmental justice is a matter of equal treatment of all people with respect to environmental benefits and obligations. We prefer the right to analyze and judge a decision, leaving aside the guiding criteria of morality and ethics. We share the thesis that establishes the necessary distinction between morality and law, accompanied by a number of very relevant links.
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