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Reciprocal Justice is the final stage of justice in the market of exchange that holds the city together and that is based mainly on proportion not on numeric exchange.
Retributive Justice is a matter of giving people their just deserts, people deserve to be treated in the same way that they voluntarily choose to treat others.
Interchangeable use of terms: Justice & Fair
Before closing the door of the discussion about the definition of Justice and its kinds, I would rather prefer to draw the readers’ attention to a very important philosophical comparison between “justice & fairness” and how people nowadays use both terms in an interchangeable way. However, you can find in the reference a part of an article wrote by Manuel Velasquez, Claire Andre, Thomas Shanks, S.J., and Michael J. Meyer through Saint Clara University that I find it very important to read14.
Justice and Equality before the law
One of the widely accepted definitions to justice is what Aristotle said two thousand years ago: “equals should be treated equally and unequals unequally” and in its contemporary form, this principle is sometimes expressed as follows: "Individuals should be treated the same, unless they differ in ways that are relevant to the situation in which they are involved"
While defining Equality before the law will simply lead us to: “The law is to be applied to everyone equally in the sense that all members of society, private persons and government officials alike, must be equally responsible before the law”
A very simple comparison for the two definitions will lead us nearly to nothing but Equality before the law is the legal terminology of justice and justice is the wider range where equality before the law principle should take place in its application and where it takes its legality. On the same hand, other legal principles and terminologies can find their way out to life through the underneath of this principle.
Through this relation, we can easily conclude the direct embedment of the term justice in the Egyptian legal system and the Egyptian constitution. For example, the Egyptian mentions the following articles:
Article 8
The State shall guarantee equality of opportunity to all citizens.
Article 11
The State shall … ensuring her (the woman’s) equality status with man in fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence
Article 25
Every citizen shall have a share in national revenue to be defined by the law in consideration for his work or his unexploitative ownership.
Article 26
Workers shall have a share of management and profits of enterprises.
Article 40
All citizens are equal before the law.
They have equal public rights and duties without discrimination on grounds of race, ethnic origin, language, religion or creed.
Article 41
Individual freedom is a natural right …
Article 45
The law shall protect the inviolability of the private life of citizens
Article 59
Environmental protection is a national duty and the law shall regulate measures necessary to maintain good environment.
Article 65
The State shall be subject to law.
The independence and immunity of the judiciary are two basic guarantees to safeguard rights and freedoms.
This means that the Egyptian legal system has embedded justice in its articles and laws to be considered a part of the society’s behavior that can never be ignored.
Principle of Justice and Natural Law
The Judicial Authority commands a significant position in all modern political systems, along with both legislative and executive authorities.
Egypt was among the first countries next to France to establish a judicial institution. Since then the Egyptian Judicial System has undergone continuous developments until it was completed in the Constitution stipulating the independency of the Judicial Authority as stated in Article (165) "The Judicial Authority shall be independent. It shall be exercised by courts of justice of different kinds and classes, which shall issue their judgments in accordance with the law". Simultaneously law has drew the way for judges to do their judgments in the First article of the Egyptian Civil Code saying: “In the absence of a provision of a law that is applicable, the Judge will decide according to custom and in the absence of custom in accordance with the principles of Moslem Law. In the absence of such principles, the Judge will apply the principles of natural justice and the rules of equity” ensuring that justice and natural law are part of the legislative system in Egypt and that a judge can not deny justice by any mean or in any situation.
Conclusion
Herby, we conclude that justice as an idea, principle, way of life and term was embedded directly and indirectly in the Egyptian legal system in a way that no one can ever deny its importance to the society and its necessity for us.
We, youth of this generation, know very well the importance of justice and confess that without its principles life will be much worse than a hell. We call for justice and we work for it.
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Ahmed Ragab Al-Kotby
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