Justice Flashcards
definition of justice
Oxford English dictionary defines justice as “Just conduct; fairness”
two types of justice
procedural justice- how laws are made and how the legal system operates must be fair
substantive justice- whether the rules are just (substantive law is the laws themselves)
Aristotle’s theory
a just law is one that enables people to fulfil themselves in society, introduced the principle of corrective justice where if justice is disturbed by a wrong doing there should be means of restoring the original position
Thomas Aquinas natural law theory
assumes that there is a higher natural law derived from god. If this higher law is followed there will be justice. A law that is contrary to gods law is not a true law and should only be obeyed to avoid social disorder
Utilitarianism Jeremy Bentham
a law is a just law if it benefits the majority of people even if this results in injustice for the minority. If a law benefits more people than it harms it is a just law. Based on the principle of promoting the greatest amount of happiness for the greatest number of people
Nozick
idea of the minimal state, interference should be kept to a minimum to achieve a just society. Entitlement theory of justice which states that individuals have natural rights to the enjoyment of life free from interference from others. The state should only interfere to protect natural rights.