The Need for Law and Justice

Crime – an act against the law

Judgement – the act of judging people and their

actions

Justice – due allocation of reward and punishment/

the maintenance of what is right.

Law – rules made by Parliament and enforceable by

the courts

Law & Justice

Humans live in communities, and any community needs rules outlining acceptable behaviour. Laws consist of the rules that govern human relationships and guide people as to how they should behave towards each other.

What might a life without rules be like?

Why are Laws Needed?

Humans live in groups and groups need rules to organise the behaviour of individuals. Laws let us know what types of behaviours are allowed.

Laws let us work and be involved in business without being ripped off. Imagine working on a Satrday and not being paid!

Laws protect the weak from the strong. Imagine if stealing, rape and murder were allowed.

Advanced civilisations like the UK need laws to keep everything organised.

Law & Justice

St Thomas Aquinas said that an unjust law was not a proper law. This is because:

If a law is unjust people will feel it right to break the law.

If a law does not give justice to people, people may start to take the law into their own hands.

Law and justice work on the understanding of action and consequence. (If you do…then…will happen)

Law & Justice

If people think the legal system is not working then they might start a civil war like when Kosovans started to fight back after their independence was denied.

People will campaign against unjust laws causing trouble for society e.g. when Black Rights activists campaigned for equality in the USA in the 1960’s.

Why punish?

Deterrence.

Reform. Retribution.

Protection.

Judgement & Punishment

Reform: ‘The idea that punishments should try to change criminals so that they will not commit crimes again.’

Some see punishment as a way to reform offenders so they do not want to break the law

again. Reform can include training and education so offenders will not need to re-

offend.

Judgement & Punishment

Deterrence: ‘The idea that punishments will be of such a nature that they will put people off (deter) committing crimes.’

The idea of deterrence is preventative. The punishment given is severe enough to deter others from committing the same offence or

possibly re-offending.

Judgement & Punishment

Retribution: ‘The idea that punishments should make criminals pay for what they have done wrong.’

Some believe that a person should pay for what they have done. This gives society and the

victims of crime a feeling of justice. Punishments should also match the severity of

the crime.

Judgement & Punishment

Protection: ‘The idea that society should be protected from the criminal and the offences that a criminal commits.’

One of the ideas of punishment is to protect society from the acts of criminals, particularly

violent ones, by imprisoning them so they cannot harm society.

Key Word

Rehabilitation – restore to normal life

Sin – an act against the will of God

Why Justice is important to Christians

Justice is extremely important to Xians because they believe that justice for all people is at the heart of

God’s character.

God is a God of Justice: ‘There is no God but me, a just God and a Saviour.’ Isaiah 45:21

People should be treated fairly and not cheated: ‘So in everything, do to others what you would have them do to you.’ Matthew 7:12

Christian Response

The rich should share with the poor: ‘The man who has two coats should share with him who has none, and the man who has food should do the same.’ Luke 3:11

People should be treated equally: ‘There is neither Jew nor Greek, slave nor free, male or female, for you are all one in Christ.’ Galatians 3:28

Why Justice is Important for Muslims

The Qur’an describes God as just.

God wants people to treat each other fairly and establish justice.

There are many hadith (sayings/teachings) of Muhammad about justice.

The Shari ’ah is based on justice and equality for all.

Justice is the basis for the ‘pillar of zakah’.

Capital Punishment

Capital Punishment: ‘The death penalty for a crime or offence.’

The process of a legal killing is called execution or the death penalty. A crime which is punishable by death is called a capital offence.

Capital Punishment

In the UK the death penalty ended with the ‘Murder (Abolition of the Death Penalty) Act 1965’.

The death penalty is still legal in many countries including the USA (37 the 50

States), Iran and North Korea plus 65 other countries worldwide. Modern methods of capital punishment include lethal injection, electric chair, firing squad, gas chamber and beheading

Capital Punishment

Arguments for Capital Punishment:

The death penalty acts as a deterrent.

Society can be free of its most dangerous people.

Execution is the ultimate retribution and compensation for killing others.

Execution is cheaper than keeping a prisoner in prison for life.

Capital Punishment

Arguments against Capital Punishment:

Capital crimes do not seem to drop in countries with the death penalty.

There have been many occasions of innocent people wrongfully executed.

Terrorists who are executed could end up as martyrs encouraging others.

Human life is important and should not be taken in any circumstances.

Christian Response

There are differing opinions among Xians regarding capital punishment.

Christian arguments for capital punishment include.

The old testament set capital punishment as a penalty for some crimes. ‘Whoever sheds the blood of man, by man shall his blood be shed.’ Genesis 9:6

Christian Response

Neither the Roman Catholic Church or The Church of England have retracted their support for state instigated capital punishment.

In the middle ages the Christian Church used capital punishment for crimes such as heresy.

Important Christian leaders such as St Thomas Aquinas have supported capital punishment to preserve the peace of society.

‘The Laws of the Realm may punish men with death for heinous and grievous offences.’

(Article 37 of The 39 articles of the Church of England).

Christian Response

Christian arguments against capital punishment include.

Jesus teaches forgiveness not retribution. ‘If any of you is without sin, let him cast the first stone.’ Matthew 8:7

St Paul teaches against retribution. ‘Do not repay evil for evil… do not take revenge. For it is written ‘vengeance is mine says the Lord’.’ Romans 12:17-19

Christian Response

Christians believe life is sacred and only God has the right to take life.

Jesus came to save (reform) people, you cannot reform an executed man.

Jesus overturned ‘an eye for an eye’ with commands for forgiveness.

Islamic Response to Capital Punishment

Islamic punishments, as laid out in the Qur’an, can often seem very harsh. E.g. cutting off the hand of a thief or 100 lashes with a whip for someone caught in adultery. However, Muslim attitudes to punishment are based on deterrence and reform. Imprisonment is used in Muslim countries to protect society from anti-social criminals.

Islamic Response

Islamic law, the Shari ‘ah, allows for capital punishment for three offences:

Murder - unlawful taking of another’s life. Adultery - a married person sleeping with someone they are not married to. Apostasy - where a Muslim denies Islam and works against it this amounts to treason within Islam.

Islamic Response

The Qur’an lays down the punishment for certain crimes. ‘As for a thief, male or female, cut off their hand: a punishment by way of example, from God, for their crime.’ (Surah 5:41)

Strict punishments are only given as a last resort. Islamic courts will look into family circumstances. A person would not have a hand amputated if they stole to feed a starving baby.

Islamic Response

‘My Lord hath commanded justice.’ Surah 7:29

‘If anyone does evil or wrongs, but afterwards seeks God’s forgiveness, he will find Him most forgiving and merciful.’ Surah 4:110

Islamic Response

Muslim arguments for capital punishment include.

It is a punishment laid down in Shari ’ah Law within the Qur’an.

The Prophet Mohammad agreed with capital punishment.

Mohammad sentenced people to death for murder when he was ruler of Madinah.

Islamic Response

‘Let harm be repaid by an equal harm, though anyone who forgives and puts things right will have his reward from God Himself - He does not like those who do wrong.’ Surah 42:40

Some Muslims do not agree with capital punishment, they say that Shari ’ah Law in the Qur’an only suggests capital punishment and does not make it compulsory.

Islamic Response

An alternative to the death penalty is that a victims family can accept compensation, blood money, from the murderer rather than requiring a death sentence.

Q. If a person is poor and cannot afford to pay blood money, how does this fit in with Islamic justice and equality for both rich and poor?

The Laws on Drugs and Alcohol

Tobacco • Illegal to sell it to under 18’s. • Tobacco advertising is banned. • £50 littering fine for dropping a cigarette end. Alcohol • Some towns ban the drinking of alcohol in public. • Have to be 18 to buy alcohol. • Under 16’s can go anywhere in a pub if supervised by an adult.

Class Examples Maximum sentence for: possession supplying

Class A

drugs

Crack Cocaine, Cocaine, Ecstasy, Heroin, LSD, Magic Mushrooms (prepared for use) and Methadone. Any

Class B drug that is prepared for injection.

7 years in prison and/or unlimited

fine.

life in prison and/or unlimited

fine.

Class B drugs

Amphetamines, codeine in concentrations above

2.5%, ritalin and barbiturates.

5 years in prison and/or unlimited

fine.

14 years in prison and/or unlimited

fine.

Class C drugs

Cannabis*, Anabolic steroids, tranquillisers

which includes Valium and Rohypnol.

2 years in prison and/or unlimited

fine.

5 years in prison and/or unlimited

fine.

Social/Health Problems caused by Drugs and Alcohol

Addiction – a recurring compulsion to engage in an activity regardless of its bad effects Responsibility – being responsible for one’s own actions

Health problems caused by…

Tobacco • Increases risk of getting over 50 medical conditions • Can cause male impotence • Causes a number of cancers

Alcohol • Develop liver problems • Develop heart disease • Develop mental health problems

Drugs • Infection through dirty needles • Death from choking • Develop mental health problems

Social problems caused by…

Tobacco • Watching loved ones die from preventable diseases. Alcohol • Causes 41% of deaths from falls; 30% of drowning deaths; 50% of fire deaths. • 75% of murder victims and 40% of rape victims had been drinking at the time of the incident. Drugs • Illegal so all dealers are criminals. • Gang violence, theft to fund habits etc • Cost of police time spent on this crime

Christian attitudes to drugs and alcohol

All Christians are against illegal drug usage because… It is against the law and Christians obey just laws.

St Paul teaches that our body is a temple which should not be abused.

Drugs have mental effects tat would make it hard to worship God correctly.

Christians FOR correct use of tobacco and alcohol

Jesus’ first miracle was changing water into wine.

St Paul said Christians could drink in moderation.

Jesus drank wine during his life and even at his death.

Most churches use wine in the Communion service,

so they must be allowed to drink in moderation.

Some Christians do not smoke or drink because… Believe it is abusing God’s temple.

Passages in the Bible warn against drunkeness, as such they abstain completely from alcohol.

Bible teaches that alcohol impairs judgement, inflames passions and invites violence.

Many of these Christians work with alcoholics and know how much it helps in social situations to be supported by others who do not drink.

Attitudes to drugs and alcohol in Islam

Alcohol and drugs are prohibited for Muslims because…

Quran says intoxicants are how the devil tries to keep people from God.

Muhammed says intoxicants are ‘khamr’ and every ‘khamr’ is forbidden to Muslims.

Muhammed said ‘Do not harm yourselves or others’. Some think this means alcohol and drugs are banned as they harm the body.

Muhammed said a number of tmes that Muslims should not drink alcohol or have anything to do with making or selling it.

Muslim attitudes to Tobacco

Some see tobacco as haram as it harms the body. Muslim lawyers have declared it makruh (not haram but extremely disliked). It is not specifically mentioned by the Quran or Muhammed.