Concept Essays (Paper 1) Flashcards
Two key concepts
Justice and fault
OED definition of justice
Just conduct, fairness
Two types of justice
Procedural and substantive
Procedural justice asks
How fair the legal system (procedures) are
Substantive justice refers to
How fair the laws themselves are, such as the law on murder
Came up with the theory of corrective justice
Aristotle
Corrective justice theory
There should be a means of restoring the original position where justice is disturbed by a wrongdoing
Theory developed by Aquinas
Natural law theory
Natural law theory
Higher natural law derived from God should be followed to achieve justice
A law contrary to Gods law should only be followed in order to avoid
Social disorder
Developed the utilitarianism theory
Jeremy Bentham
Utilitarianism theory
A law is a just law if it benefits the majority of people, even if this results in injustice for the minority
Theory developed by Nozick
Minimal state theory
Minimal state theory
State interference should be kept to a minimum, should only interfere to protect natural, or human, rights
OED definition of fault
Something wrongly done, mistake, culpability