Musings about the notion of justice.

I arrived in the USA legally on a student visa in 1948, later to be changed into an immigration visa thanks to the intervention of Senator Estes Kefauver of Tennessee, because I was a refugee from communism. This explains why I am very interested in the fate of the so-called dreamers, their fate to be decided by the government sometimes this month. Only a couple of weeks ago the daily news dealt with DACA or “Deferred Action for Childhood Arrivals,” established by the Obama administration in June 2012 but to be phased out by the Trump administration beginning in 2017 and so jeopardizing these young people to be deported to their native countries they do not know, having been brought up in the US. Hot button issues succeed each other so quickly these days that one has hardly time to reflect about and digest them. The DACA issue in which the fate of 800,000 young peoples’ future is to be decided – no small matter for innocent women and men who were brought into this country as infants by their illegally immigrated parents and now risk deportation – was suddenly displaced from due public consideration by Trump’s acceptance to visit North Korean dictator Kim Jong-un and shortly afterwards, by the ousting of Secretary of State Rex Tillerson, as well as the resignation of a number of government officials. So what is it with the DACA young people?

While I am in no position to discuss the legalise involved, I want here to briefly discuss in a general way the concept of justice and what it means to be a law abiding citizen.

As in my previous piece, I am returning to my experience in Nazi Germany. The post-World War One German Weimar Republic was a democratic state in every sense of the term. Following the ascendancy of Adolf Hitler to the chancellorship of the Third Reich, democracy quickly disappeared and gave way to nazism, a type of fascism. How was this rapid transformation accomplished? By a new system of justice and thus new legislation that annulled the previous laws.

The question that must be asked is what does the word “justice” mean? Can the concept be so flexible so as to change practically over night, as it did in Germany? While various dictionaries define the term “justice” differently, they agree on one fundamental meaning, namely, “determination of rights according to the rules of law or equity,” or “the quality of conforming to law.”

These definitions immediately raise the question as to who it is that establishes the law according to which the citizenship is to behave. In the case of Nazism it so happened that both the legislators and judges of the Weimar Republic were eliminated and those who followed Hitler’s racist ideology installed instead.

It was this radical change that facilitated the transformation of the Democratic Weimar Republic into the racist police state under Adolf Hitler.

The filling of vacant US judgeships is taking place right now at an unprecedented pace under Donald Trump’s presidency, orchestrated by the Justice Department under Attorney General Jeff Sessions.

What might be the reason for such haste?

2 thoughts on “Musings about the notion of justice.

  1. I am disturbed by the clear implication of comparing how the Nazis overhauled the Weimar “Justice” system and the way that the Trump administration has been able to make so many (is it hundreds?) of appointments of Justices.

    Change the ones who interpret and apply the law I courts and you could change the way “Justice” looks entirely.

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  2. Thanks, Walter. I’ve wondered about the slide into fascism in ‘30s Germany and how our own time might have parallels. Sure do hope that we can hear clearly the voices of those of you who experienced that awful transformation so long ago.

    Like

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