Przemysław Szkodziński

I Liceum Ogólnokształcące, Gorzów Wielkopolski, Poland

 

II

To every man of inquisitive mind it can seem obvious that law is often in opposition to human nature, yet not many would agree that it is obsolete or ought to be ignored and forgotten. Even if it is not in absolute accord with the spirit of each man who had or will set his foot on our world (what is consequently signalized by frequent disharmonies in both legal and social structures), the fact of the necessity of its existence is unarguable. The idea has been reflected throughout the years by many a philosopher, many a thinker, both in writing and in deed.

If one was to glimpse at Thomas Hobbes`, the view which it presents may at first seem the anarchistic dream come true: “Where there is no common power, there is no law: where is no law, no injustice”. Yet as it is often the case, the truth lies elsewhere. Upon giving the quotation more thought, it becomes apparent that its meaning is not that of portraying the lack of sense to the law. It seems to be pointing out how it can be viewed subjectively, by a single person. If there was no power structure on the top of things, law neither set nor enforced, it would be impossible to tell injustice from justice, apart from considering the issue subjectively.

If, for instance, a truly outrageous offence was committed, it could be considered unjust by its victims, but from the viewpoint of the hypothetical offender it would undoubtedly be considered as justifiable (if it would be profitable, for profits is one of the strongest points in justifying even the most terrible of offences).

It should not be forgotten that law doesn't always equal justice, however, and is not the only way of ensuring it. At times, just outcome can be achieved only by breaching the legal rules (the paradox being its injustice in the light of the law), if one was to give in to the striving for moral victory. And as it is so, morality and conscience are, besides the law, main waypoints on the road to the assurance of justice. Human beings have always had, since the times of the ancients, a kind of a preset moral code, rooted deep into their minds. Still, as it is dependent on various factors, it can be altered, so it can differ from one person to another. Yet on the basis of this common trait, certain concepts have arisen - concepts, which have taken an important part in the forming of the so-called human rights - undeniable privileges, duties and rights which everyone ought to be in the possession of.

They are undeniable because of their profound, basic and formative character. They've been present in people's vicinity since the dawning of creativity and thought, the idea. Their systematization proves to those with twisted sense of justice that the fundamental law has always been there, although in negligence at times.

Voltaire once said that “If there were no God, it would be necessary to create him”. The same applies to law, morality and conscience - since even their basics are vague, the intricacies are almost beyond human understanding. With the effort of the few, the many can benefit from the, in most respects objective, reflection of the idea which has always been there.