The use of the power to judge - a social responsability

In pursuit of its objectives, driven by power that is granted, the judge must apply the rule and take into account the evolution of society. Modernity requires an improvement of the Judge in all aspects of their training, be it legal, is the interaction with the new social parameters. The evolution of the Magistrate is, therefore, a need for the proper performance of its mission.
Given the new social reality, the judge must bear in mind that the power granted him by the state is a limited power, or power conferred on it only to promote social peace. In the exercise of jurisdiction, the judge must make use of knowledge in society, for, in applying the law to achieve the goals of the state.
The power of the judge to decide a conflict does not end in the law. It should capture the essence of social behavior, because the principles contained in the laws should find support and approval in the consciousness of the people, the sum of individual consciousness
This social behavior that the judge stress based on the interpretation of the law needs to be evaluated from the principles and guarantees laid down in the constitution, expressing the will of a dominant society.

Montesquieu writings about justice

‘There is no liberty’, ‘if the judiciary power be not separated from the legislative and executive. When judges make law, they exercise legislative power.

However, the judges are not, inanimate beings who cannot or moderate its strength or its accuracy. The role of interpretation of the laws would not be exercised by a body of judges, but by a court "must", linked to the legislative body - the stamp and representative nature of potential - would represent this "supreme power" to issue the laws and therefore mitigate their equity through the rigors and interpretation. Montesquieu did not conceive, therefore, a court composed of judges chosen by the people, with the task of interpreting the law or slow the accuracy in specific cases, insofar as the function of regulation was totally separate from the administration of justice. A body with such powers would be much closer to a supreme legislative body, which represent the will of the nation. The demarcation of political space is clear, in that the legislature had, on this view, prominence over the others, and even the function of controlling them, but "forced to walk in line."

The fall

So what about justice in this country? Justice is often thought of in terms of crime and punishment. Miscarriages of justice are notoriously common around politically motivated court proceedings, but they are not in any way restricted to these types of cases. In fact the idea of singular miscarriages of justice in some ways completely misses the point.

Many of industrialised 'democracies' employs a system of justice that deliberately targets members of the working class. Basically this is a tactic of ignoring the long established link between inequality, poverty and crime and managing the results. Long term unemployment, poor housing, and alienation from any meaningful decision-making process which could improve communities combine to create an environment in decay.
It sets up the conditions for communal decay and contributes massively to what is called 'anti-social behaviour'. This is not an attempt to rationalise away or ignore the very real impact that petty crime has, both to individuals and to society as a whole, but to argue that justice can only be achieved by tackling the causes of social decline and also by treating everyone equally when judging their actions and resulting impact.

It is an essential backstop in persuading officials and citizens to avoid corrupt behavior. It reinforces ethical standards for the good and provides some potentially strong reasons for those who are not (although the strength of those reasons is limited by the perceived likelihood of detection). However, the main game lies elsewhere. Law actually has a role to play in that 'main game' by creating institutional structures, setting out the powers of public officials, and monitoring the exercise of those powers under judicial review.
In best practice regimes, law already does these things. However, there are a number of ways of moving beyond best practice. Most of them ensure that the law is 'in synch' with ethical standards and institutional reform so that the three really do operate as a 'trinity' rather than as disparate, uncoordinated, and potentially conflicting integrity measures.
Determine What is Required
Law can play different roles - indicating what is acceptable and unacceptable behavior, providing reasons for action, removing offenders from the position where they can re-offend, creating institutions and structures, providing review mechanisms, etc. Every law that has a part to play in the integrity system of a jurisdiction should be considered in terms of the role it is intended to play and the role that it can play, and be amended accordingly.
In this process, drafters and politicians should always be aware that there is a more constructive use of laws than merely imposing higher penalties. They should also be aware of the value of laws that declare values and the means to achieve those values.
However, where penalties are involved, consideration should be given to the harm that is caused by corruption and the forms of penalty that will weigh most heavily with potential offenders.
The Laws Reflect and Back up Ethical Codes
Following the drawing up of the general public sector ethical code, the laws creating offences for public officials and those who deal with them should be reconsidered to ensure that they play their backstop role. First, public sector reformers should consider at what point on the normative continuum legal sanctions should be imposed. Secondly, laws should be re-drafted in terminology that reflects the ethical norms they are supporting. Thirdly, such laws should be considered for their consistency with ethical standards, ensuring that the most grievous ethical breaches are criminalized and that behavior which is ethical is not.

Power and abuse

The conception of Power – “Latin origin potere” can be applied to a person or group having great influence, force or authority, this last meaning the power or right to give commands, enforce obedience, take action or make final decisions meaning also a jurisdiction.
In a “bad way “a constant striving for power or authority in politics is a desire to find a source of a superior power upon one relies.
The link between Power – and Public Integrity in the Public Interest following the distortions of its concept and functions in an democratic society where the exercise of the Power is legitimated by the People that elects someone to rule in their collective benefit and use the influence and authority to give welfare, development. A fair exercise of authority is the motivation of the electors.
Distortions of power are believed to conduct to a distortions of peoples rule and government making the legal framework of “abuse of power” an inconsistent and with obvious useless.

The judge social responsibility

Currently, the Judges are facing an extremely difficult situation, given the advances of social rights and the reality of the countries It crosses was a troubled era of economic development since the world is dominated by economic power, the call globalization of the economy, by which rich countries dictate the rules of the market and put the least developed countries in difficulty to provide the social development of its population.
The Judge, as peacemaker, or even an administrator, social unrest, has the function to seek social peace by means of its decisions. In interpreting the law, the judge must find evidence that may bring the application of the law of the state courts, not hurting, however, the fundamental principles of the Constitution.

To speak in moral applications of the law, necessarily has to set parameters that relate to ethics and morality of Judges. The theories on ethics put justice at the heart of the system and conclude that life is the ethical practice of justice in human community. Ethics must follow the average standard of morality in society. The Judge, to act socially committed, should, above all, have an ethical stance, in that sense, means a whole host, or a care that leads to changes in the way of experiencing the world.
In the comparison between ethics and law, one can establish that the law and ethics governing the relations of men by means of rules, the law and ethics meet a social need and change when changing the content of their social function, and move with the time. Like the moral of a season or a society depends to another, the law also varies. The moral behavior is part of our daily life. Him, the Magistrate can not distance itself under threat of compromising the credibility of the entire judicial system.

Concepts of democracy and social peace

The prominence of the person is the supreme values. As a person, man is above the loop state, since their purposes are higher than the state. The State and society provide the conditions for human self-realization. So the freedom of the individual is, in our culture, the priority value.
In nature the construction of a democratic social order only is possible when freedom is intrinsic to all its members. Freedom can take various forms, such as those of expression of thought, creation, choice, association, business and more, always present in the various operational concepts. Equality, basic to all men, derives from the acceptance that all born equal, with the same dignity as a person, holy and inviolable, in that share the same moral and spiritual heritage.
Born free, equal in dignity and individuals, men have the right to seek, through its existence, its realization differentiated, self-non and in accordance with the standards imposed by the group.
However, conscious of his dignity and the essential insecurity of earthly existence, it is the duty of men to the fraternity, which also have to serve in our culture, as a parameter guiding the social life.
It’s to recognize the primacy of the person and the common good on the structures and social groups that seek not only overcome a purely individualistic conception of social coexistence, but also the conceptions collectivism in which, so absolute, the values of the individual values the community. So the common good has become a target - synthesis around which other significant benchmarks are articulated.
The values of the prominence of the person, individual freedom, the fundamental equality between men and Brotherhood were thus inspiring the concept of common good Thomist materializing a vision that leads to the following understanding:

The design of the common good, limited to a national society gives rise to certain obligations of its members in relation to the social body, not only embodied in the ethical and moral, but also in legal and institutional. As a result, the so-called rule of law, it declares the law and impose the mandatory requirements of the common good, which will be a leader of rights and duties of rulers and ruled.

Embezzlement and bribery - impunity from justice

Most of the criminals are well educated with professional knowledge of modern financial management and operation and proficiency with hi-tech means. These criminals each have specified duties in the criminal practices and they are well co-ordinated to cover their crime after their commission of crimes. With the strengthening of the counter attacks against the embezzlement and bribery practices in the financial field. these criminals have instinctively become more and more sophisticated and well planned. Once the case is exposed, they would frequently collude with others to devise consistent confessions and evidences when justice services are not able to meet every criminal suspects at the same time. In this case it is very difficult to collect evidence and determine the commission of a crime.

In the present justice practices, some big financial cases are usually committed or co-committed by units or legal representatives. These multiple subjects usually co-operate with each other out of mutual profit through different motivations.

They constitute a serious threat to the society.

We are just simple citizens held by the hands of the power

A citizen is entitled to life, liberty, property, to equality before the law. In a few words: To have civil rights.

It is also participate in the destination of a society, to vote and be voted, to have political rights.

The right to a judicial system that is impartial, without conflicts of interest of favors, the civil and political rights do not ensure democracy without social rights, those which guarantee the participation of the person in collective wealth: the right to education, work, fair salary, health, protection on ageing, and security. To have access to a impartial and independent information in the economic, cultural and political areas. However, people forget the most essential values of humanity, such as solidarity and sharing. Life, always, is only possible because it is based on cooperation and solidarity.

The responsibility of demanding

The responsibility of demanding the perfect execution of social and legal obligations to the citizens, demands that they understand the context they are inserted and including an inter relationship among what owes and should not do - what owes and it should not demand. An integrity system and social transparency only work if the citizens are prepared to assume this democratic reality and this social solidarity. The civic formation, is a privileged space for the systemization and consolidation of the different subjects related with the citizenship, developed obliquely, namely: Developing necessary competences to the exercise of the citizenship; - To develop self-esteem attitudes, mutual respect and coexistence rules to lead to the formation of citizens autonomous, participative responsible.- To promote values of tolerance and solidarity; - To stimulate people's participation in the community's life where they are inserted.

Education for the citizenship

The identity is conceived more and more in social, cultural and psychological terms. The citizen should be an aware of himself as a community's member with a democratic culture, implicating responsibilities and obligations as rights, and a sense of the very common. This tendency of interpretation of the identity as inclusion in groups of it belongs is much more dynamic than static, should be object of debate and continuous redefinition. A social and political contract exists among the citizen and the political powers in which mutual obligations exist. Without civic component, the appeal to the rights becomes a moralist without impact in the configuration and social participation. The expression "education for the citizenship" contains, like this, an implicit recognition of the tension between ethical formation and civic formation, in the measure in that the civic behaviors implicate the exteriorization of moral values and these implicate the responsibility in acts. The expression " citizenship" contains, therefore, an appeal to the critic capacity and present solemnity-critic in the human reason and that it constitutes the essential of the humanity's inheritance, accordingly Edmund Husserl's opinion.