Justice is the extent to which judicial decisions approximate these ideals. Society's primary goals, not statutes, serve as the basis for legal decisions. Based on Statute Positivist and utilitarian legal philosophy believes judicial action reinforces the purposeful will of the sovereign. With this change in focus, freedom in the Free Nation is threatened or lost. Sociological law is based on what current society needs and desires, rather than based on transcendent ideals.
Justice is a decision that has popular support.
If the flesh becomes weak, support for the libertarian ideals of the founders also becomes weak. Freedom may collapse in the face of a panicked citizenry demanding a suspension of some or all of the ideals of freedom perhaps to implement a military conscription program in the face of war. In the quest for fairness, first principles may be lost. A legal system based on functional, sociological, positivist or utilitarian legal philosophy should be avoided. The American Jurisprudence Reader.