The Impact of History on Modern Justice Systems
Understanding Fairness in a Complex World
This article explores how historical perspectives on justice have influenced contemporary legal frameworks, examining key developments and their impact on current understandings of fairness, equity, and legal principles.
The concept of justice has existed for centuries. It is defined as “giving each person what he or she deserves” (Velasquez, Andre, Shanks, & Meyer, 2018). This means that each individual should be given equal opportunities and rights to succeed. The evolution of the Justice system is Influenced by various factors, including societal norms, debates, and historical events. To this, the concept of justice in the present day has been significantly influenced by historical legal codes and the development of the justice system.
Justice is the foundation of a coherent society, it is interchangeable with lawfulness and equal rights. Lack of justice may result in the increase of unlawful acts due to the absence of repercussions for harmful acts.
Greek philosopher and polymath Aristotle (384 BC - 322 BC), believed that the idea of law served a moral purpose to make humans good, and most importantly serve the common interest. He had two distinct ideals, a general one, and another that is more so focused on special judicial cases. General justice focused on fulfilling the wants of all which concerned the good of others. In contrast, special justice furthered the idea of fairness and equality to diminish the greed of those with a higher status.
Furthermore, the concept of the Roman law (449 BC - 529 AD) has influenced the justice system of Western Europe until the late 18th century. Long after the fall of the Roman Empire, its significance was still prominent, “in a large part of Germany, until the adoption of a common code […] in 1900, the Roman law was in force as ‘subsidiary law’ (Hazard & Stein, 2025). The law of Justinian, established in the 6th century CE, aimed to systematize and consolidate the Roman Law as it became inconsistent. This resulted in the formation of Corpus Juris Civilis. The Codex compiled valid imperial statutes; the Digest summarised juristic writings; the Institutes served as an introductory textbook; and the Novels encompassed new laws enacted by Justinian.
The transition from historical views to modern frameworks experienced pivotal points through the development of the common law. Common law is a body of customary law based on judicial decisions and case law that has been administered in England since the Middle Ages. Over time, it has expanded to the United States and other countries involved in the commonwealth. Unlike Civil Law which is structured, it relies heavily on precedents set by judges. Its principles are rooted in stare decisis, meaning “to stand by things decided” (Wikipedia, 2025). This is where the court follows precedences established during previous cases to ensure consistency and fairness, highlighting how a basic structure inherits a whole system.
Despite a lot that has changed, historical views continue to influence modern justice systems. For example, when looking into human rights, the Enlightenment era emphasised individual rights and the social contract. Philosophers like John Locke and Jean-Jacques Rousseau argued for the inherent rights of individuals, which laid the groundwork for modern human rights frameworks. Specifically, The Universal Declaration of Human Rights (1948), was greatly influenced by Enlightenment ideals such as freedom of speech, assembly, and the right to a fair trial.
Although not criticizing the historical implications of human rights, the system is under threat. The UDHR has been overlooked as governments aren’t subsiding to these globally agreed-upon principles. There has also been ongoing debate regarding structural racism and inequality. Due to the over-representation of African Americans and Latinos in American prisons, this led to the call to reform and reevaluate current practices that have been set in place from historical policies.
Understanding these historical practices allows us to learn from past mistakes to ensure that they are not repeated. Being informed about this is also vital for those who work in the legal sector as this enhances their depth of knowledge and appreciation of how the modern system came to be how it is today.
Reference List
Common law. (2025, February 14). Wikipedia. Retrieved February 19, 2025, from https://en.wikipedia.org/wiki/Common_law
Glendon, M. A., & Stein, P. G. (n.d.). The law of Justinian. Britannica. Retrieved February 19, 2025, from https://www.britannica.com/topic/Roman-law/The-law-of-Justinian
Velasquez, M., Andre, C., Shanks, T., S.J., & Meyer, M. J. (2014, August 1). Justice and Fairness. Santa Clara University. Retrieved February 19, 2025, from https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/justice-and-fairness/#:~:text=Justice%20means%20giving%20each%20person,are%20often%20today%20used%20interchangeably
Up Next