Source: (2012) Law and Inequality. 30:91-124.
The belief that an essential relationship exists between law
and justice has been recognized since the time of the ancient
Greeks. In fact, the concept extends well beyond Western
philosophy and jurisprudence. Distinct from other aspects of
justice, the relationship between law and justice considers the
nature of law and its dictates, as well as the responsibility of
citizens to obey it. Although Dr. Martin Luther King, Jr. lacked the
developed legal analysis of jurisprudence scholars, he made a
meaningful contribution to the intellectual discourse of his time by
forcing the discussion on broader society and centering it on racial
segregation-a critical issue of his day. This Article places Dr.
King’s views of law and justice within a historic and contemporary
context by exploring the theory of law and justice and how it
shaped and inspired Dr. King’s leadership of the Civil Rights
Movement. The Article begins by addressing a consideration of the
special relationship between “law and justice.” It then explores the
three philosophical commitments that formed Dr. King’s vision of
law and justice: American democratic principles, Personalism, and
natural law. Lastly, this Article considers Dr. King’s vision in
comparison to two schools of critical jurisprudence: Critical Legal
Studies and Critical Race Theory. Dr. King saw clear contradictions
in the legal system that violated the demands of law and
justice. This Article identifies and explores the valuable insights
provided by Dr. King’s vision of law and justice while still pointing
out the oversights and contradictions present in it. (excerpt)
Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.
Donate Now