Law is the art of goodness and fairness

By Dr Edward Mussawir, Griffith Law School
The opening words of Justinian’s Digest, the great surviving compilation of Roman law, contains a thought on the relation between the concepts of law and justice. ‘For he who intends to devote himself to law (ius),’ the jurist Ulpian states from his guidebook for students, ‘first it is necessary to know from where the very name of law (ius) derives. It is called such from justice (iustitia). For … the law is the art of goodness and fairness.’ (Digest 1, 1, 1).
On its own the passage isn’t very remarkable. In the place where Justinian enshrines it, it would be easy to take it either as a relatively empty introduction, aimed at lifting esteem in the law and the study of law in particular.
Or it could be seen as resembling something of a more critical reminder, one which is similar to the way our better teachers, remind

See Full Post >>