ABSTRACT

In the introduction to Part I it was argued that the law is primarily designed to control behaviour through a system of penalties for acts of bad faith (through contract law) as well as theft and slander among many others. It follows that, as a system for controlling behaviour, law without justice is a mechanism of oppression, an instrument of power. Indeed by definition, the justice system should preclude this possibility. Nevertheless, the abuses that were perpetrated through the legal system in Eastern Europe during the Stalinist era, and under the Nazis, serve as a powerful reminder of what law without justice can become. Sometimes injustice is deliberately enacted by politicians, with the support of some or most of the population. In other cases it is the result of the way the legal system itself operates. In either case these injustices can involve language as it is used in the law. The price of justice, like freedom, is eternal vigilance. This second part of the collection is concerned with cases where the law is not providing just treatment because of the way it operates; it exposes areas where our vigilance must be exercised in order to prevent injustice.