Dear UNISA SJD1501 Students
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Your Teaching Assistants
Law will never be equal nor was it created to be equal. The law is flexible and therefore can be applied to people of different backgrounds and in different circumstances. The harsh truth is, NOT EVERYONE IS EQUAL, and the law reflects this. Law exists to bring structure and order to a society and is there to treat people fairly but NOT equally. Different people and circumstances need the law to be applied in different ways. Outwardly it may seem unfair, but truly it isn't.
If I dare ask for a minute that we focus on the now, it is clear we live in a society governed by higher powers. A democracy yes, but this does not grant us the freedom we would like to believe we have. The law governs society in a regulated, moderately consistent and equally enforced manner. It balances the principle of autonomy against the welfare of the state and society as a whole. In a society where freedom of speech is highly valued (needless to say a right that is written in law), there is always going to be at least one person in a given decision who does not agree. At first glance this may be perceived as "unfair" but when examined closely, it appears that with the resources and knowledge at hand, is the most rational decision. Could you do any better, and not make anyone unhappy?
Therefore yes, working with what we have got, the law is fair. I don't fancy living in a lawless society, with no one to help me if i am robbed, or no one to restrain me if i become a robber.
The law Is biased, whether it's by age, race, or sex. Females, always get a lesser sentence than men -and i am female, an i believe that- and kids get the harshest punishment for cases like murder, but adults get more relaxed sentencing. Honestly, i thought adults were supposed to know better, not kids, c'mon. So, no the law is absolutly not fair.
I do not believe the law is always fair. I believe there are plenty of cases out there that justify that many laws are unfair. There are also plenty of laws out there that make no sense or are outright unnecessary. As a nation, we love to create laws, rather they be useful, just, or useless.
Justice is somehow always meausured in different ways, and I particuarly don't like giving someone I have never met the power to rule me and control me. Such as gay, lesbian, and bisexuals. They are extremely disciminated against, and the law most certainly is not fair to them. It is like racism with homosexuality. The law should not get to choose how we think and feel. And it has never been about being fair, it has always been about what select people think is justice and right. But the law is not made up of a variety of religon and cultures, and that is why no matter how hard they try to make it seem fair, the law will never and has never been fair.
Justice doesn't mean that the right man or woman gets convicted, it means someone pays the price for a wrong action. Not every jury is going to be fair, you can't stop people from being biased, it is something that they decide on their own and you cant change it.
If you look at the history of America, you will notice that there has always been some form of bias in the laws, whether it was against African Americans, Native Americans, immigrants, or gays and lesbians. However, the march towards equality keeps going forward, and that is a good thing.
While we try to keep things fair, the law is definitely not designed to treat everyone equally. This isn't always a bad thing. Think about how cruel the law is to criminals. Don't expect your laws to be fair to everyone. Actually, you should expect that, but don't count on it.
Like any other system, things go wrong. Police do unethical things simply because they can, juries do their job wrong, legal representatives botch an obvious case. The legal system isn't out to get you, but that doesn't mean it's flawless. The law isn't always fair, be it because the law is unjust or the person applying it is.