Nadine

In my opinion there can be no justice without mercy. If punishment is only based on the rules of the law, there is no real justice.

A (maybe stupid but clear) example to make clear what I mean :
A rich man and a poor man both steal a bread. If only the rules of the law are applied, both get the same punishment. This is not justice.
If the judge has mercy, he will give the poor man a less severe punishment. Thàt is justice.

Nadine

__________________
In the summer I stretch out on the shore and think of you. Had I told the sea what I felt for you,
It would have left its shores, its shells, its fish, and followed me.Nizar Qabbani.
When I drown my eyes in your eyes, I glimpse the deepest dawning and see the ancient times;
I see what I do not comprehend and feel the universe flowing between your eyes and mine. Adonis.
You're beautiful, you're beautiful... But it's time to face the truth. I will never be with you. James Blunt.

Lina

Not sure, for the poorer has extenuating circumstances. Justice is blinded, but not totally or it wouldn't be justice, as you said.

Actually, I think justice is to mix a non human element, i.e. law, and a human one, the person who is to be sentenced... or not. This is why there is no justice without judges. Mercy appears here, for it may have an influence on them or on the jury. But law is always here to prevent partiality.

Nadine

That's exactly what I mean. The poor guy has extenuating circumstances. If the judge takes these circumstances into account, he is having mercy. So mercy and justice must go together, to obtain true justice.

Nadine

__________________
In the summer I stretch out on the shore and think of you. Had I told the sea what I felt for you,
It would have left its shores, its shells, its fish, and followed me.Nizar Qabbani.
When I drown my eyes in your eyes, I glimpse the deepest dawning and see the ancient times;
I see what I do not comprehend and feel the universe flowing between your eyes and mine. Adonis.
You're beautiful, you're beautiful... But it's time to face the truth. I will never be with you. James Blunt.

The_FD

Just a bit off topic

all of you have been talking as if law were something opposit to human being, while I think it's not. Law is imagined and created by humans, it is part of their dream of justice... even though law may seem so unfair from time to time.

__________________
L'histoire de la famille Bourdillon
Les fêtes d'Hébé
The flying dancer dancing

Nadine

Bonsoir FD !

Well, in fact, personnally, I see it more as "above" being human, not "opposite" to being human.
To make a objective judgment, the judge needs to be
- not personnally involved in the problem itself, but standing "above" it all,
- using objective rules to decide upon punishment (the laws)
- and also being "above" it all by having mercy.

Nadine

__________________
In the summer I stretch out on the shore and think of you. Had I told the sea what I felt for you,
It would have left its shores, its shells, its fish, and followed me.Nizar Qabbani.
When I drown my eyes in your eyes, I glimpse the deepest dawning and see the ancient times;
I see what I do not comprehend and feel the universe flowing between your eyes and mine. Adonis.
You're beautiful, you're beautiful... But it's time to face the truth. I will never be with you. James Blunt.

The_FD

yes "above human being"" but anyway created and thought by humans.
How about to take it as a help and strong argument that let legitimize the judge's decisions?

__________________
L'histoire de la famille Bourdillon
Les fêtes d'Hébé
The flying dancer dancing

Nadine

Yes of course, created by humans with dreams of a better world..

About your question, I don't see what you mean by that ? Could you explain ?

__________________
In the summer I stretch out on the shore and think of you. Had I told the sea what I felt for you,
It would have left its shores, its shells, its fish, and followed me.Nizar Qabbani.
When I drown my eyes in your eyes, I glimpse the deepest dawning and see the ancient times;
I see what I do not comprehend and feel the universe flowing between your eyes and mine. Adonis.
You're beautiful, you're beautiful... But it's time to face the truth. I will never be with you. James Blunt.