Tuesday, April 7, 2009

"Order" and "Rights" as Justice

Yesterday's blog entry was about the grounding of justice. I believe that "somehow" these two views, 'order" and "rights" are definitive of true justice. Today, I was thinking about justice and how "order and rights" defined "justice" as it involved the growth of our grandson.

My daughter called this afternoon to report on our grandchildren and their day at "pre-school". As she and I were discussing the children, I commented on how I thought that Drayton was acting with more confidence and I had heard him using consonant sounds more often. She had previously expressed concern over his not making consonant sounds And we have all been concerned over his delayed speech and this was one factor in deciding to put them in pre-school.

She disagreed with me and then started to compare him with another child in her husband's family, who is half as old. I cautioned her about making comparisons, as each child has such differences, and that true development or growth should be compared with his own "past".

I, then, started thinking about how this applies to "order" and justice. Order is structure, or universality. Whereas, much has been written on child development, most psychologists would agree that these universals cannot be so strigently understood and applied that there is little room for unique, diverse and individual children. Usually, the pediatrician depends on the parent's assessment of the child's behavior to determine if the child is acting "out of character" to determine if the child is not feeling well.

Justice is defined by law in the West. These are rules that society understands keeps "order". While "order" is society's "right", the individual also has a "right" of difference within that "order", just as Drayton's "growth" should be "gauged", measured, or evaluated within his own "past". So, true justice takes into account a person's context, present understanding, and personal maturity. All of these are considerations in our courts of law.

So, while a good and functioning society should maintain order, which is defined by the "rule of law". There is an allowance also, within good government that allows for "freedom" of individuality, expression, and conviction based upon the individual's growth. Good societies allow for this "wideness" of difference. And the wideness of difference is what human rights is all about, as it concerns the social structures that "order" life.

No comments: