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All Journal Law & Pass : International Journal of Law, Public Administration and Social Studies
Ossama S. Qatrani
Third Generation in International Relations (3GIR) Project, United Kingdom
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Justice, Mercy, and the Spirit of Law: Reconsidering Punishment, Accountability, Protection, and Human Dignity Ossama S. Qatrani
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 3 (2026): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i3.120

Abstract

This article examines the moral purpose of law through the relationship between justice, mercy, accountability, human dignity, and the spirit of law. It addresses whether law should primarily function as an instrument of punishment, deterrence, correction, guidance, protection, institutional restraint, or revenge. Using an interdisciplinary comparative and reflective approach, the study examines Islamic ethical teachings, ancient legal traditions, constitutional principles, human-rights standards, judicial decisions, restorative justice, executive clemency, procedural safeguards, and contemporary challenges to access to justice. The analysis demonstrates that the legitimacy of law depends not only on the existence of formal rules but also on how those rules are interpreted and applied within particular human circumstances. Mercy does not eliminate accountability, while justice should not be reduced to punishment. A humane legal system must distinguish deliberate wrongdoing from error, coercion, vulnerability, ignorance, and genuine repentance. The article proposes a five-lens model consisting of text, purpose, intention, harm, and proportionality and reform. The model provides an analytical framework for maintaining legal certainty while preventing justice from becoming mechanical cruelty or revenge. Ultimately, the spirit of law represents the moral commitment to protect human dignity, restrain power, repair harm, and preserve the possibility of responsible human reform.
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