Concept Essays (Paper 1) Flashcards

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1
Q

Two key concepts

A

Justice and fault

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2
Q

OED definition of justice

A

Just conduct, fairness

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3
Q

Two types of justice

A

Procedural and substantive

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4
Q

Procedural justice asks

A

How fair the legal system (procedures) are

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5
Q

Substantive justice refers to

A

How fair the laws themselves are, such as the law on murder

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6
Q

Came up with the theory of corrective justice

A

Aristotle

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7
Q

Corrective justice theory

A

There should be a means of restoring the original position where justice is disturbed by a wrongdoing

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8
Q

Theory developed by Aquinas

A

Natural law theory

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9
Q

Natural law theory

A

Higher natural law derived from God should be followed to achieve justice

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10
Q

A law contrary to Gods law should only be followed in order to avoid

A

Social disorder

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11
Q

Developed the utilitarianism theory

A

Jeremy Bentham

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12
Q

Utilitarianism theory

A

A law is a just law if it benefits the majority of people, even if this results in injustice for the minority

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13
Q

Theory developed by Nozick

A

Minimal state theory

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14
Q

Minimal state theory

A

State interference should be kept to a minimum, should only interfere to protect natural, or human, rights

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15
Q

OED definition of fault

A

Something wrongly done, mistake, culpability

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16
Q

Fault is a legal and moral term, used to describe what

A

A person’s culpability or blameworthiness

17
Q

Burden of proof in criminal law

A

Beyond reasonable doubt

18
Q

Meaning of the notion of individual responsibility

A

Those who choose to behave in the way they do are responsible for the consequences