Justice Flashcards
What is Justice and the theorist?
Fairness or equality. Perelman- principle of action in which people must be treated the same way
What are the two main types of justice?
Substantive and procedural
What is substantive justice?
The content of the law itself and how it is fair eg. areas of law
What is procedural justice?
Those who handle the law such as juries and judges
What does Aristotle say?
There is a need for balance between parties for justice to be served eg. Consumer Rights Act 2015- consumer protected and freedom of contract
What does Aquinas say?
Justice is about relationships and treating people how they deserve to be treated
What is utilitarianism and who is the theorist?
Bringing happiness to the greater number of people maybe at the expense of a minority. Bentham- majority are happy with the outcome leading to an increase of overall happiness
What is distributive justice and who is the theorist?
A fair allocation of resources eg. minimum wage. Aquinas- state gives what is due to them based on merit, rank and need
What is social justice?
Equality within society where people are given the same opportunities regardless of wealth
What did Rawls say about social justice?
There is an original position where all people are equal
What did Nozick say about social justice?
Justice can be achieved if the state is kept out of our lives and that inequalities are just part of life
What is an example of procedural justice?
Juries allow freedom as it is ordinary people making the decision
What is an example of substantive justice?
A mandatory life sentence is given to all murder convictions with no discretion
What case is an example of substantive justice?
Inglis- Given a mandatory life sentence for killing terminally ill mother and was given life sentence- unfair
What is corrective justice?
When a wrongdoing takes place, the system makes it right
