Concept Essays Flashcards
What is the definition of justice?
Oxford English Dictionary defines justice as “just conduct; fairness”
What are the two types of justice?
Procedural Justice and Substantive Justice
What is procedural justice? Give an example
How the legal system works and making it fair.
Example- legal aid allows people to have access to help.
What is substantive justice? Give an example
The law themselves and the rules being fair.
Example- the law on murder is fair
What are the four theories of justice?
Corrective justice
Natural law theory
Utilitarianism
Entitlement theory of justice
What is corrective justice?
When justice is disturbed by a wrongdoing, there should be a way of restoring the original position
What is Natural law theory?
That there is a “higher” natural law, derived from god and if this law is followed there will be justice.
What is the Utilitarianism theory?
If the law benefits the majority of people, even if a minority is affected it is just.
What is the entitlement theory of justice?
That individuals have the natural right to enjoy life, health and liberty free from the interference of others.
What is the definition of Fault?
(There are two)
Fault is used to describe the idea of culpability or blameworthiness.
Oxford English Dictionary- “something wrongly done, mistake or culpability”.
Is the UK legal system based on fault? If so why?
Yes, as in both criminal and civil law there is a standard of the burden of proof, in order to correctly put the blame on someone.
What is the burden of proof in criminal law?
Beyond a reasonable doubt that the D is guilty.
What is the burden of proof in civil law?
Balance of probability, 51/49 ect.
Fault is a ________ of blame
Marker
Explain fault being a marker of blame.
Marking the blame on somebody gives them responsibilities and therefore justifies the punishment given to them.
Give examples of Fault being a marker of blame.
Criminal- imprisonment/ loss of freedom
Civil- compensation
The punishments display the blame being put on the D.
What are some examples of fault in criminal law?
Higher sentences depending on the crime- s18 Gbh= up to life (more than s20) as you are more at fault as your intentions are higher.
What are some examples of fault in civil law?
Negligence stage 2- marker of blame when discussing characteristics, if you are experienced in something you are judged by a higher standard and therefore are more at fault.
Why is harm important?
Harm justifies punishments and can be crucial when dealing with more serious offences.
What are the different areas of offences that harm covers?
Self harm- euthanasia
Society- hate speeches
Physical/ mental harm
Property
Explain Autonomy?
Autonomy means freedom, and in the case of Mill, it says society should only intervene with someone’s freedom if that person is causing harm to others.
Explain Individual Responsibility?
A person can choose the way they act, and can cause the events of their own actions therefore it is fair to hold them responsible for their actions.
What is Fair Labelling?
Where the name of the offence is clear enough that it matches the crime exactly causing no confusion.
What is correspondence?
Where the Actus Reus and men’s rea of a crime match with eachother.
