The [Many] Facets Of Law

Authors: Elina N. Moustaira


Does Law lead always to Justice? Are there more facets of justice? Law is reflecting each human community’s values, is trying to resolve the particular issues that might arise – different issues, different mentalities, different solutions. Is it always so clear? Law protects and Law forbids. Each community’s Law is supposed to defend community’s members’ interests. Is that accurate? And who would be those members? Law is reflecting Culture, Law is [Legal] Culture. Law was and is created by each community’s members, Law was imposed by conquerors, Law is imposed by international lenders, Law is often the product of many and various influences. Justice should prevail, it is said, it was always said. What sort of justice was sought, when European colonizers had imposed Black Codes to the peoples in the lands that they had conquered? What sort of justice is sought, when countries demand that other countries copy, transplant their laws? In the name of which justice, decisions are taken about attacking countries and their people? Is there a good and a bad Law? And who would be the judge of it? Should one Law prevail over all the other Laws? Legal hegemonism is at the threshold, if not already in the house…

Keywords: Colonialism - Code Noir - Justice - Legal Culture - Legal Transplants - Dignity