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The Law: Should It be Blind?

8 Oktober 2011   08:38 Diperbarui: 26 Juni 2015   01:12 82 0
The law should be blind, and it would be just. That sentence was given us an idea about justice that it should be attain in law enforcement. The idea has prescriptive as a principle of law, it was directed to idealistic circumstances. The questions are; what is there gap between idealistic circumstances and realistic world? Is it true that the law is still blind today? The facts have show to us discrepancies between reality and norm. The discrepancies have talked about applying the law as tools of punish outlaw. It is not wrong (and may be correct), but what have law created justice? It seems dividing between law and justice.

Justice?It is not popular word, when we are talking about in law enforcement. The law maker (legislator, judge) and law enforcer are not considering justice. The law makers are merely produce the law which it is purpose regulates condition that the conditions are not regulate by law yet. The law enforcers are applying law based on law itself. They do not consider context of infringement. It is mean different situation drive certain act which the acts are fulfill the article of the law. On other hand, when the law has enforced to all situation, it would generate injustice.

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