A demand for "law and order" is the latest manifestation of recurrent public concern about crime. Today this solution is sought as a cure for organized and violent crime, as the remedy to social dissolution and as the response to social dissent. But just as in the last decade, when "laws" were demanded to cope with problems of discrimination, poverty and social injustice, the proposed solution of "law and order" misconceives the nature of "law" and fails to note its limits. The following discussion will examine the limits of the law: justice will be viewed as the objective of the law as it resolves the tension between the individual case and general principles; order will be examined as that fragile situation where individual freedom and social cohesion are held in equilibrium.
Donald H. Hermann, III,
Justice and Order: A Preliminary Examination of the Limits of Law,
45 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol45/iss2/5