The Odd Couple

Justice and the Rule of Law

It was a good idea at the time

In the wake of the upheaval of the Ferguson decision, I thought it would be good to go back and look at the definitions of justice and the rule of law.  It seemed to me that refreshing my memory on these notions would help me put the case into perspective.  However, I was soon reminded that these concepts are attempts to define things that are not only asymmetrical but are also constantly changing.  Further, the intersection of the two don’t necessarily integrate like a glove fits a hand.

Surprised, but not pleasantly

The good news is that the review has helped me put the case into a framework I can grapple with, albeit not in the form I thought would emerge. Instead of rigid and clearly defined “rules” I came away with a more philosophical perspective.  The downside of that is that my practical side was left wanting.

History speaks

One quote jumped out during my research was taken from the Federalist Papers.  James Madison wrote: “If men were angels, no government would be necessary.  In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

I’m no angel

This is quite the challenge, given that no men are “angels” as Madison asserts. And certainly what constitutes an angel can be debated ad nauseam as well. What was clearly on display in Ferguson was a challenge for the fallen angels involved to live up to a standard of morality.  As a citizen, Brown was expected to obey the officer’s commands.  As an agent of the government, Wilson was expected not to usurp the rights of Brown.  As we all know, things went horribly wrong.

Served but…..

www.eurweb.com

So what about Ferguson….was justice served? The rule of law prevailed as the grand jury system worked.  The evidence was methodically scrutinized and it did not generate an indictment of the officer. The morality of the times prevailed.  But did the system serve the needs of the community?  The perception of minority oppression by police remains, despite the process having produced a predictable outcome.  While this remains a formidable issue, in a larger sense, the protests of this tragedy transcended racial and minority misgivings and remind all Americans that our government must be "obliged to control itself".    

Assurances of control

Already the future of policing is likely to be impacted.  The President suggested funding body cameras for police officers so that video and audio recordings can be captured as they discharge their duties. While it seems that Madison's astute observation is being acknowledged, one wonders if this will ensure the equitable administration of justice or diminish the effectiveness of police.

Pandora was here

More questions than answers were generated which, I suppose, is the nature of law.  What is certain; however the future is uncertain.  History shows us that the legal system changes to meet the needs of the time.  What then, will the changes end up being in the wake of Ferguson?  Consider some definitions of Justice as you ponder:

Jus-tice (Noun)

1. The quality of being just; righteousness, equitableness, or moral rightness;
2. Rightfulness or lawfulness, as of a claim or title; justness of ground or reason
3. The moral principle determining just conduct.
4. Conformity to this principle, as manifested in conduct; just conduct, dealing or treatment.
5. The administering of deserved punishment, reward
6. The maintenance of administration of what is just by law, as by judicial or other Judgment of persons or causes by judicial process