3 Law and justice Flashcards
Define justice
Fairness, equality and even handed ness
What are the three theories of justice
Distributive
Unitarianism
Social
Who are the theorists for distributive justice and what do they say
Aristotle: justice refers to individuals in dealings with each other, give to others depending on contribution to society
Aquinas: justice governs our relationship with others with the end result being common good for society. Wrong to pay works equal amount for unequal work
Marx: to each according to his ability, to each according to his need
Perelman: de la justice 1944, to each according to his merits, to each according to his needs, to each according to his works, to each equally, to each according to rank, to each according to legal entitlement
What is utilitarianism
More an action increases overall happiness the more valuable it is
Who are the philosophers for utilitarianism and what do they say
Bentham: what makes an action right or wrong or useless and valuable is consequence it brings. More an action increases overall happiness the more valuable
Mill: justice includes respect for people property and rights as well as need for good faith and impartiality
What is social justice and who are the theorists
Ability of people to realise their potential in a society where they live
Rawls: justice is fairness and that two principles of justice are evident in society: each person has an equal right to most extensive scheme of basic liberties
Social and economic inequality may exist but only where they benefit lease advantages and provide all offices are open to everyone
Nozick: anarchy state and utopia, entitlement theory of justice with three principles:
•principle of justice in acquisition (how property acquired)
•principle of justice in transfer (how property can change hands)
•rectification of injustice (dealing with injustice in property)
Define procedural justice
Making and implementing decisions according to fair processes.
I.e: right to a fair hearing and understand rights but LEGAL AID SENTENCINF AND PUNISHMENT OF OFFENDERS ACT 2012 reduced legal aid and representation? Important as right to a fair trial HRA 1998
Legal aid deserts so many can’t afford services any longer
What is corrective justice
Sometimes known as restorative justice and when law restores imbalance between two individuals or individual and state
I.e: judges and mags consider things during sentecing, balanced with rehabilitation. Contributory negligence too, reflects damage done by self (Jebson 2000, 75% reduction)
Contract assessment of damaged is a loss of bargain
Trial by jury let’s public use idea of justice ie Ponting 1985 acquitted after releasing information about secret ship sinking
Appeals give justice if believe unfair
What are the two rules of natural justice
- ) court must be seen as impartial (Pinochet 1998 judge stepped down AI)
- ) each party has fair opportunity to present own case
Define and discuss what substantive justice is
Content of law must be just
Mandatory life sentence: fair? Tariffs can be adjusted but what for assisting suicide? Cocker 1989
May be inclined for a reduced tariff ie inglis 2010
Defences like LOC create limited liability
What does contract law say about justice
Formation of contact has to examine rules on offer and acceptance. Exlcusion clashes may limit liability but can work against weaker bargainer so courts try to achieve justice Olley 1949, clause not brought to attention unfair contracts terms act 1977 try’s to limit unfair exclusion clauses
Penalty clauses can be invalid if unreasonable Beavis 2015
Third party rights: Jackson 1975, damages given to Cs family even though he only one who made contract. Contract rights of third parties act 1999 Allows third party claims to avoid injustices like in Tweddle 1861
Frustrated contracts: just outcome can be reached if contract frustrated through fault of neither party
