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by dragonwriter 150 days ago
In both case there are enforcement mechanism that deliver the will of the enforcers collectively which sometimes correlates with justice or at least a reasonable reading of the letter of the law; in both cases there are a wide set of failure modes from the perspective of law and even moreso justice, because law enforcement (and, in the case of concern for justice, also law making) rely on institutions ultimately composed of people, and the interests of those people is often not in the law or justice.

If you see the difference as being “in the national case, justice is expected”, you either have an extremely naive view of national law, or at a minimum of an extremely narrow and privileged one.
1 comments
utilize1808 150 days ago
Sure, you can argue that "justice is expected" doesn't align with how the real world actually operates, but in the modern interpretation, national law enforcers are supposed to be subject to the same law they are enforcing (whether that is actually the case is another issue); they may break the law some times, but being a law enforcer does not exempt them from the obligation of obeying the law. In other words, law and its enforcement apply universally.

In the international case, it is understood that the "law enforcers" are not obliged to play by the same rule. The "enforcement" therefore only applies selectively. Then the law cannot really be said to have been being enforced, because they don't apply to the "enforcer".

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dragonwriter 150 days ago
> but in the modern interpretation, national law enforcers are supposed to be subject to the same law they are enforcing

That is true in the same sense for national law as it is for international law (that is, true in idealized theory, much less true in practice. Actually, its somewhat less true in many national law systems than of international law at the intermediate level between pure theory and practice of the concrete, on-the-books law, where law enforcers, especially at the apex, often enjoy on-the-books immunities from some or all of the law that they enforce.)

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