pluiepoco

French men are always humourous unthinkably .
A Legal code tells people (not one person) what's legal or illegal , but not what's right or wrong (because the sense of rightness or wrongness is dependent on personal morality ). And am I getting you a little, as A LAw is for a collective people but morality is for a single person?
Quite tricky your French code.

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刘晓雨 pluiepoco
Home of Asia, 中国语言论坛(Chinese Forum of Languages), 西瓜村

Lina

Morality isn't for a single person. It also concerns everybody and may be the foundation of laws. The difference with justice is that it is applied at an individual level, whereas justice is applied by a function ( the judge as a judge, not the judge as a person ) which stands for all the society. This is why, sometimes, there may be an opposition between personal morality and what is edicted by society. All this is a problem of ethics, i.e. of application in the reality.

By the way, if morality only depended ( or depends ) on individual, it would be far more ponderous, for you would be responsible for all you do in front of everybody. An individual absolutely free of morality is an illusion. Sartre showed it quite well in Existentialism is a humanism.

anything

Ca va Lina?

Sorry i don't know too much about French law , most of the time I only study Britsh or common wealth rules but I do know you guys have a law trying to determine what's 'right and wrong' in a code like way right? In England we use the opinion of the judge much more, makes it easier to make the sentence suitable to the crime.

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Hefyd 'n ddrwg

chinoise

It's the same in Hong Kong, since they're still using British law and judges. That's why I said "Justice depends very much on the character of the judge and the jury." Some judges are more lenient, while others are harsh, and very often the lawyer of the defendent would prefer an all-male or all-female jury, hoping it would be in favour of the defendent.

Lina

I've never heard about such a law ; it would be strange for it does not correspond to what law is supposed to be and do. But I don't study law, so it may happen that such a law exist and I don't know it. I will try to ask one of my friends who studies law.

You both say that the sentence relies more on the judge, but don't you use customary laws ? So they have to judge according to precedents and can't do absolutely all they want, do they ?

Et oui, ça va. Juste quelques problèmes pour accéder à ma salle de cours...

chinoise

Lina, for the sentence of each genre of crime (I'm pretending to be an expert ) there's a range of sentencing, ranging from parole, social service, fining to imprisonment. Two persons may commit a similar crime but one gets a lenient punishment and another gets the harshest punishment. Or, one got a harsh punishment from one judge and then appealed, then got a lenient punishment from another judge. I've seen judges in court, they're indeed very human.

Lina

We have the same system of sentencing in France, except that the legal code gives indications. For instance : "fine from 35 euros to 1500 euros" or "from 5 to 20 years in jail". I don't know if there are less injustices than with your customary laws, but I think it's a way we found to avoid them as much as possible.