- Written by Dr. Peter Adwok Otto
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There is no good reason to believe that Justice John Luk Jok had not known about John Locke (1632 – 1704), widely known as the Father of Liberalism, for he influenced many revolutions including the American declaration of independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. Thus the whole struggle was for justice.
The Republic is Plato’s best-known work and has proven to be one of the most intellectually and historically influential works of philosophy In it, Socrates along with various Athenians discuss the meaning of justice and examine whether or not the just man is happier than the unjust man by proposing a city ruled by philosopher-king. Thus Justice is the first virtue of social institutions, as truth is of systems of thought.
The pertinent question one would like ask those who formulated the Interim Constitution of South Sudan, where is justice in the TCSS where the powers are centered in the hands of one person? The bill of rights is in separable however, thus encroachment on other parts interferes with the unalienable rights of life liberty and pursuit of happiness. The members of SSLA should find out before time that the dubious document they are holding had not defined what type of system is about to be established in the new state of South Sudan? Plato in his book the laws never attaches much importance to the definition ofas What is Law? Law as an abstract could either be affirmative or other wise depending on who enacted it. For example an enacted that requires arresting of the gays in a community, this will be distasted by the subjects who are gays, because this is rather the exception in the community and should be enacted by genuine representatives of the people in the parliament.
There are other forms of justice such asJustice as a divine law is commanding, and indeed the whole of morality, is the authoritative command.e.g. Killing is wrong and therefore must be punished. Justice is part of natural law (e.g. John Locke), it involves the system of consequences that naturally derives from any action or choice. In this, it is similar to the laws of physics: in the same way as the Third of Newton\'s laws of Motion requires that for every action there must be an equal and opposite reaction, justice requires according individuals or groups what they actually deserve, merit, or are entitled to. Justice, on this account, is a universal and absolute concept: laws, principles, religions, etc..
Justice as human creation:In contrast to the understandings campaigned so far, justice may be understood as a human creation, rather than a discovery of harmony, divine command, or natural law. This claim can be understood in a number of ways, with the fundamental division being between those who argue that justice is the creation of some humans, and those who argue that it is the creation of all humans.
Justice as trickery:In the book of Republic, the philosopher Thrasymachus argues that justice is the interest of the strong—merely a name for what the powerful or cunning ruler has imposed on the people.Master-slave morality and relationship.
Is this the justice about to be accorded to the people of South Sudan by Justice Luk Jok’s document?
Justice as mutual agreement: According to thinkers is the social contract, tradition justice is derived from the mutual agreement of everyone concerned; or, in many versions, from what they would agree to under take, in conditions including equality and absence of bias. This would be the ideal justice for making laws of a country including the constitutions. Some schools will have different interpretations of justice as Justice as a subordinate value: According to utilitarian thinkers including John Luk Jok, justice is not as fundamental as we often think. Rather, it is derived from the more basic standard of rightness. what is right is what has the best consequences (usually measured by the total or average welfare caused). So, the proper principles of justice are those that tend to have the best consequences. These rules may turn out to be familiar ones such as keeping integrity, but equally, they may not, depending on the facts about real consequences. For example the SPLM had been ruling the south for six years and nothing good matured for the people of the south. Thus for the SPLM to assumed what it is doing with TCSS as being for the welfare for all in not accepted.
From an academic discipline of political philosophy has its origins in ancient Greek times and society, when city-states were experimenting with various forms of political organization including monarchy, tyranny, aristocracy, oligarchy, and democracy. One theoretically fails to classify the type of government system about to be established in the south labeled as decentralization which was theorized by Jaafer Bakhita during Jaafer Nimeri’s rule and it had failed. The system about to be developedby the document of Luk Jok is more closer to Oligarchy than democracy as he is aspiring to be a part of theruling clique. This system is likely to slip into Might makes Right or what is popularly known as dictatorship the Jungle Law.
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