4. Nature Of Law: Law And Justice

Question 1

Natural law

Answer 1

From Aristotle and St Thomas Aquinas

Believe that law comes from divine source and based on moral code.

Question 2

Distributive justice

Answer 2

Purpose is fairness so that everyone benefits

Question 3

Corrective justice

Answer 3

Corrects people who have interfered with natural fairness.

Question 4

Positivism

Answer 4

Morality as less central to justice. Validity of a law being acceptable regardless of its moral nature.

Question 5

Utilitarianism

Answer 5

Maximum happiness for greatest number of people. High possibility for injustice.

Question 6

Two types of justice

Answer 6

Formal justice

Substantive justice

Question 7

What’s formal justice?

Answer 7

Two aspects - rules for given cases, impartiality & consistency
Similar cases, same sentence

Question 8

What’s substantive justice?

Answer 8

Concrete justice - focuses on whether rules are just.

Question 9

Three devices for securing justice

Answer 9

Law of evidence (e.g. can’t use involuntary confessions)
Special defenses to murder (e.g. mental health, abuse)
Legal institutions and justice