Bringing justice, a transdisciplinary approach

This component seeks to initiate an interdisciplinary discussion on the definition of rendering justice in the Arab countries. To render justice is to establish a link between the individual, values, and society as well as the exercise of the judicial power. This is a theme at the intersection of sociology, anthropology, and the philosophy of law. It will be based on a concept of justice in a historical perspective, to discuss what justice is in the Middle East and how to deliver justice as a political act.

What is justice? For whom is it and how does one render justice? On what basis is justice rendered? These questions imply a clear definition of what is to render justice. The notion of rendering justice implies the presence of a third party, whether ideal or material, a natural or legal person. Generally, we render justice to someone or something to recognize particular rights, merits, individual or collective worth, amongst other. From a legal perspective, rendering justice concerns the actors of the judiciary: those who pronounce the merits of law, the judges. However, their role in implementing laws or relaying it, is dependent on the what they consider is “to render justice”. If so, a gap between positive law and the practice of pronouncing law presents itself. The transformation from the written word to echoed words, by default involves judges. In Durkheim’s works, the law represents perceptible links of solidarity present in a society. In other words, the right of a society is the right it chooses and accepts.

The individual, the person amenable to this right recognized by society, is subject to two constraints: one is submission to the rule of law a commitment to not to render justice by these means (the rule of law?). The other is intermediation by the judiciary. The act of rendering justice would then appear as a link between the individual, values and society. In other words, the individual is surrounded by the values of society, his rights and the judiciary. Because to deliver justice is also to exercise the judicial power in the recognition of the rights of the people, the respect of the principles of the fair trial, the probity and the deontology. The gap between texts and practice thus brings in the actor who does justice. What is the path of this actor through history and what are his representations of the act of doing justice today?

To render justice: a political act, a philosophical approach

The act of rendering justice is a political act: it involves giving a decision that has an impact on society and individuals. It also accounts for the kind of representation that society would itself. In this sense, the act of giving justice is a form that collectively engages a given society, with its history, sociology, values, and organisation. Seen from this perspective, the place of the judge in society must be questioned. His judicial office, environment, room for manoeuvre and (jurisdictional scope?). We need to ask ourselves how authority, through the judge, shapes the social. We also need to ask ourselves whether executive power can intervene and reframe judicial action. Moreover, should the judge be elected by popular vote? Is civil justice as governed by personal status laws, a religious affair or not? Should it be considered in opposition to the State?

Questions for debate: What are the political conditions required for judges to deliver justice? How is the independence of the judge necessary?

Rendering justice refers to the perpetual questions that people ask themselves with regard to the organization of the City (I don’t understand this). Because justice is an interface between individuals and the institutions an exploration of the meaning of justice must be considered. Such exploration must involve the possible tensions of Justice have found in law and the jurisprudence, public opinion and the judge, custom and the rights of State of right, amongst other.

Questions for debate: Can a cruel judgment be right? Why and in whose name should we do justice? Is doing justice help to change society?

Anthropology and sociology of justice

To render justice is not an operation arising out of the clear blue sky. It is an act that forms part of experiences, in particular the experiences of society in undergoing evolutions. Anthropologically however, there are some common features highlighted in rendering justice: a desire to halt the cycle of private revenge-taking that would consequently lead, without the act of doing justice, to the dissolution of society. We need to question the commonalities of rendering justice as well as the peculiarities of practices in the Arab region.

Questions for debate: How does the difference between laws, morals and practice affect justice? How wide is the margin of interpretation of the law by the judge? Should he commit himself to follow it strictly?

Justice in a historical approach, what is justice in the Middle East?

The aim here is to put the advent of justice and law in Arab civilization from a historical perspective by highlighting key events, traditions, and thinkers that allow us to better reflect how they have come to shape present notions of justice. From the tribal practices of pre-Islamic Arabia to the contribution of Averroes via Hammurabi laws; the charter on judicial conduct by Omar Ibn Al Khattab; the role of poets in the resolution of conflicts; and the role of Aristotle in the contribution of Greek legal culture. These amongst other are all questions relevant to Arab legal culture and by extension, Arab civilization.

Questions for debate: Which traditions predominate and make up the judicial culture in the Arab countries? How was the personal status differentiated from the civil code? Why ? Is it intended to be integrated?