ELS-Law and society-Justice and Morality Summary

Question 1

Definition of justice in the Oxford English Dictionary.

Answer 1

Reasonable and fair

Question 2

What is ‘natural justice’ grant?

Answer 2

Absence of a bias and right to a fair trial

Question 3

What did Aristotle believe a just society was?

Answer 3

One in which everyone is able to fulfil their role.

Question 4

2 ideas Aristotle developed about justice.

Answer 4

1. Distributive justice
2. Corrective justice

Question 5

What is distributive justice?

Answer 5

Where people are allocated resources according to their claim on them

Question 6

2 individuals who set out the basis for measuring justice.

Answer 6

Thomas Aquinas
Jeremy Bentham

Question 7

What did Thomas Aquinas believe was the basis for measuring justice?

Answer 7

Natural law-as set out by God

Question 8

What did Jeremy Bentham believe was the basis for measuring justice?

Answer 8

That which is just is that which will provide the greatest happiness for the greatest number

Question 9

What did John Rawls believe everyone had?

Answer 9

Inalienable rights

Question 10

In what 2 situations did John Rawls believe inequality is allowed?

Answer 10

a) So there could be equal opportunity
b) when those with more are doing something which helps those with less

Question 11

What role did Robert Nozick believe the state should play in justice?

Answer 11

Believed a just society was one in which the state interfered as little as possible with the rights of an individual

Question 12

What did Nozick believe the state should not do?

Answer 12

Take people’s property in the name of redistribution.

Question 13

What role did Karl Marx believe the state played in justice?

Answer 13

The state should meet the needs of each person irrespective of the extent of their contribution.

Question 14

What did Rawls believe should be done to limit social inequality?

Answer 14

Wealth redistribution from rich to poor and protect interests of the weak.

Question 15

Example of inalienable rights.

Answer 15

Right to a fair trial

Question 16

4 ways in which justice is portrayed in Contract law.

Answer 16

1. CRA 2015
2. Exclusion clauses
3. Rights of third parties
4. Economic duress

Question 17

How does the CRA 2015 achieve justice?

Answer 17

Sets out to protect consumers from trader e.g., power imbalance.
Adheres to intuitive understandings of justice and fairness.
Follower of John Rawls might argue that his achieves justice by protecting the weak.

Question 18

How can it be argued that the CRA 2015 does not achieve justice using theorists?

Answer 18

A follower of Robert Nozick might argue that his is unjust due to the excessive state interference limiting freedom of contract.

Question 19

How do exclusion clauses achieve justice?

Answer 19

CRA 2015 and Unfair Contract Terms Act 1977 offers protections against exclusion clauses.
Adheres to intuitive (instinctive) understanding of justice.
John Rawls follower = achieves justice, protects weak

Question 20

How do exclusion clauses rules not achieve justice using theorists?

Answer 20

Robert Nozick follower = too much interference, limits freedom of contract

Question 21

How do the rights of third parties achieve justice?

Answer 21

Protected in common law and through 1999 legislation. (Contracts (Rights of Third Parties) Act)
Intuitive understanding of justice
John Rawls thinking

Question 22

How do rules around economic justice achieve justice?

Answer 22

Parties can vitiate (destroy validity of) a contract is they entered it under economic duress.
Arguably, satisfies all theories of justice because even Nozick though the state should play a role in stopping fraud and theft.
It could be argued using economic duress to force a contract is a form of these.

Question 23

What did Robert Nozick believe the state should provide protection against?

Answer 23

“force, fraud, theft and administering courts of law”

Question 24

John Salmond definition of law.

Answer 24

“A body of principles recognised and applied by the state in the administration of justice.”

Question 25

Example of a legal positivists.

Answer 25

HLP Hart

Question 26

Example of a believer in natural law.

Answer 26

Aquinas

Question 27

Phil Harris’s definition of morality.

Answer 27

‘A set of beliefs, values, principles and standards of behaviour’

Question 28

When does morality break down according to Durkheim?

Answer 28

When society becomes more “anomie”. (disappearance of norms and values)

Question 29

Who created the harm principle?

Answer 29

John Stuart Mill

Question 30

Do believers in natural law believe the law should uphold moral values?

Answer 30

Yes

Question 31

Do legal positivists believe the law should uphold moral values?

Answer 31

No

Question 32

3 ways in which contract law uphold moral values.

Answer 32

1. Promises
2. Truthfulness
3. Treating people fairly

Question 33

How does contract law uphold moral values through promises?

Answer 33

Is there so people can keep promises and provides redress when they do not e.g., provision of goods relating to description CRA 2015.
Adheres to Christian and other religious moral codes.
Adheres to Harris’s moral definition which invokes norm-promises could be seen as norms

Question 34

How can it be argued contract law does not uphold moral values in regards to promises?

Answer 34

Law does not concern itself with the adequacy of consideration (Thomas v Thomas) and arguably this can result in immoral behaviour in a capitalist, competitive society.

Question 35

How does contract law uphold moral values through truthfulness?

Answer 35

Encourages truthfulness through rules around misrepresentation.

Adheres to Harris and Christianity understanding of morality

Question 36

How can misrepresentation prove to be immoral?

Answer 36

Generally speaking silence is not misrepresentation (Fletcher v Krell).
Arguably, this encourages immoral behaviour in withholding information.

Question 37

2 ways in which contract law upholds moral values by treating people fairly.

Answer 37

1. Tries to ensure people are treated fairly by protecting weaker parties e.g., CRA 2015
2. Remedies are compensatory-equitable remedies allow flexibility to ensure a moral outcome.

Question 38

What moral values does the CRA 2015 follow?

Answer 38

Traditional moral values e.g., norm to treat people fairly (Harris) and Christian/religious values.

Question 39

How can it be argued the CRA 2015 is immoral?

Answer 39

Goes too far and does not treat traders fairly

Question 40

What moral values do remedies follow?

Answer 40

Arguably follows harm principle-state intervenes to right a wrong where one person has harmed another through breach of contract.

Question 41

What is the harm principle?

Answer 41

People should be free to act however they wish unless their actions cause harm to somebody else.