In this final article of the JUSTICE series, we turn our attention to E for Enshrinement, using the word itself as a framework to reflect on justice, law, and society.
Enshrinement symbolizes the elevation of values or principles to a protected, almost sacred status. In law, it enshrines ideals of justice and freedom into codified rights. As we have seen throughout this series though, what we enshrine is not beyond question because even the most hallowed values can become empty when treated as if they are unavailable! Thus, Enshrinement must not mean stagnation. It requires continued reflection to make sure that what we preserve is relevant and precisely targets the pursuit of justice.
Now, let’s see what each letter stands for:
E – Entitlement: An entitlement is the right to a particular privilege or benefit, granted by law or custom. You have a legal entitlement to speak to a lawyer if you're ever arrested and put in jail. However, while there are certain benefits to being entitled, there are also abuses of entitlement. For example, in cases involving diplomatic immunity, diplomats are often shielded from prosecution for crimes committed in the host country. While its original purpose is to allow diplomats to perform their duties without fear of legal harassment, it can sometimes create a sense of entitlement, allowing diplomats to evade consequences for unlawful actions.
N – Nobility: The idea of nobility often manifests in hierarchies within law and society. Sometimes, the legal system backs up such imbalances with the elite privileged at the expense of the disprivileged. True justice would dismantle the enshrined social hierarchies and allow for the understanding that laws protect the dignity of all human beings.
S – Sanctity: Some legal customs and cultural values are regarded as sacred, yet unquestioning admiration may cause a lack of progress. When laws become inviolable, they threaten to continue outdated or unjust methods. For justice to exist, we need to constantly measure what is sacred against the standards of today's ethics.
H – Heritage: Heritage is a fundamental element in legal systems, which reflect traditional and past values. Yet, freezing heritage without making adaptations may immobilize societies under obsolete rules. The concept of justice includes equilibrating respect for heritage with the requirement for both evolution and progress.
R – Righteousness: Justice systems commonly posture as just, but when righteousness is exploited or tainted with bias, it can lead to exclusion or penalization without compassion. True justice should bypass the empty chase of righteousness that overlooks the rights of other people.
I – Idealism: Even though ideals of justice, fairness, and equality are important, idealism that isn’t realistic may eventually seem to have no substance. Legal frameworks need to work toward unifying aspirational views of justice with the practicalities of implementation and fairness.
N – Neutrality: Achieving neutrality in the law is important, but neutrality may sometimes be a cover for injustice. Acting like one is impartial in the face of systemic inequality maintains injustice. Effectively embodying neutrality requires the dedicated effort to take apart the systems that maintain inequality.
E – Equity: Differing from equality, which handles everyone equally, equity recognizes the requirement for differentiated approaches to correct past injustices. Providing a home for equity in the legal framework is fundamental to realizing actual justice.
M – Morality: The enshrinement of laws reflects moral values, however morality is capable of changing across varying cultures and eras. We have to question who's morality is at the forefront and if it corresponds with universal human rights.
E – Empowerment: Designing legal systems ought to enable individuals to seek justice and defend their own rights. If the principles cannot empower the powerless, the law is without meaning. Embedded in the notion of justice that renders service to all is a key element: empowerment.
N – Norms: The norms establish the direction of laws and societal forecasts, but immobilizing those norms might inhibit progress and support discrimination. Justice should always be evolving, persistently asking which standards promote equality and fairness, and which need to be changed.
T – Transparency: Embedding transparency is key for justice. Jurisdictions that run in secrecy destroy trust and maintain injustice. When there is transparency, accountability and fairness improve, and justice is rendered available to everyone.
Justice acts like an element—something that needs care, not just put in a glass case.
Enshrining is not about preserving in time; rather, it's a matter of protecting the flame to allow it to develop and shine into the most hidden dark places of society. Finishing our discussion of the JUSTICE framework, we should recognize that enshrinement is about cultivating active ideals instead of just taking care of old artifacts. Justice is alive with true Vigor, filled with equality, clarity, and the ability to empower, shining bright well past the boundaries of law courts.
Let us be the protectors of this flame, constantly watchful, consistently question, and continuously work to brighten it for the following generations.
Comments