ABSTRACT
This chapter argues for a critical re-examination of contemporary laws and their relationship to justice. As Cicero warns, ‘more law, less justice’; too much law can obscure justice and, at the same time, overcomplicate and interfere with business. We argue that this is what is happening today; that is, increasing laws (often counterproductive laws) are decreasing justice. Although this theme is global, we rely on Dodd-Frank as an example. We propose a four-pronged test based on Aquinas’s definition of law to determine if a law is just; Dodd-Frank fails. We therefore argue for our criteria to be applied to laws before they are passed to ensure that the laws that govern society promote justice. Such criteria should be applied not just to official laws but also to regulations, such as those passed to implement laws or those made by government bodies, including banking regulators.
