On the case of Bill Cosby's release from prison, I heard the news commentator on television (CNN) saying, quote, "we don't have justice system in this country, we have legal system". This raises the following question:
Isn't the legal system built to implement justice (at least in the minds of those who participated in forming the legal system) or is there another logic, or better to say, alongside the acclaimed logic of justice, other social considerations to have been prevalent?
Ali , Tehran, Iran
There is something going on in your interesting question that is other than the distinction between a positive legal justice, and another “social” or perhaps even natural or transcendental justice, behind the positive law. The reason is that it is also possible to say, exactly as you did, that the US legal system has been designed to try to get us justice, we hope, where and when it is to be had and to the extent that it can be had. We can say that what the legal system gives us is not always perfect justice for all parties, as one might very well think in the Cosby case, for obvious reasons. There were over fifty allegations made against Cosby, in addition to the ones that resulted in the cases leading to Cosby’s convictions in Pennsylvania. The mountain of indirect and other evidence is more than enough to convince reasonable people that Cosby should indeed have been convicted on at least some of the charges that were overturned by the Pennsylvania Supreme Court in 2021. But the Court took into...