Chapter Three Flashcards
The condition of being impartial, the allocation of equal shares or equal opportunities.
Fairness
The same value, rights or treatment between all in a specific group.
Equality
Not favoring one party or interest more than another.
Impartiality
The quality of being impartial, fair, and just; from the Latin “jus.” Concerning rules or law.
Justice
Concerns what measurement should be used to allocate society’s resources.
Distributive Justice
Concerns when unfair advantage or unjust enrichment occurs (either through contract disputes or criminal action) and what the appropriate remedy might be to right the wrong.
Corrective Justice
Rawl’s idea that people will develop fair principles of distribution only if they are ignorant of their position in society, so in order to get objective judgements, the decision maker must not know how the decision would affect him or her.
Veil of Ignorance
Concerns just deserts - in other words, the appropriate amount of punishment for a crime.
Substantive Justice
The component of justice that concerns the steps taken to reach a determination of guilt, punishment, or other conclusion of law.
Procedural Justice
The component of justice that concerns the determination and methods of punishment.
Retributive Justice
A vengeance-oriented justice concerned with equal retaliation (“an eye for an eye; a tooth for a tooth”).
Lex Talionis
A form of justice that allows compensation; the harm can be repaired by payment or atonement.
Lex Salica
Ancient right based on church power; allowed a person respite from punishment as long as he or she was within the confines of church grounds.
Sanctuary
The type of justice that looks to the greatest good for all as the end.
Utilitarian Justice
Jeremy Bentham’s rationale for calculating the potential rewards of a crime so the amount of threatened pain could be set to deter people from committing that crime.
Hedonistic Calculus
Constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of protected liberty, life, or property.
Due Process
An approach to corrective justice that focuses on meeting the needs of all concerned.
Restorative Justice
Voluntarily breaking established laws based on one’s moral beliefs.
Civil Disobedience
