The Myth of Moral JusticeThane Rosenbaum
•We need laws
•Think of the legal system as an unloaded gun
•But what do we want to out of a legal system?
–Consistency, justice, fairness, no bias or prejudice, facts, truth, the
bottom-line, remedies for grievances, equal treatment, a soul?????????
•Falsehood I: The law is in the business of seeking out truth.
•Falsehood II: The courts are there to do what is fair and what is
right; Justice equals just, fairness, or morality
•Falsehood III: Negotiated pleas and settlements based on
falsehoods are not allowed
•Falsehood IV: A lawyer that fastidiously maintains all the ethical
requirements of his/her profession is a fair and honest lawyer.
•Falsehood V: The ‘reasonable person’ test is a good method
determining what one should do in differing circumstances•If the
community believes that the legal system is there to do what is just
and to discover the truth, then the adversarial system of justice may
not achieve a legitimate sense of just or truth.
•What is the goal of the courts and law?
–To move cases, period.