First Principles of Business Law

9.1 The difference between justice and law

We have defined law as the rules of organisation and behaviour that are enforced by the state.  Particular conduct will be considered either legal or illegal depending on whether or not it accords with the relevant rules of law. 

Justice is something different.  It is an outcome, a result, measured against an ideal of fairness.

Whether or not the application of rules of law achieves justice in particular cases is desirable, but not necessarily inevitable.  How should rules of law be applied to maximise the chance of fair outcomes? This will be explored in this section.