Justice Flashcards
1
Q
Types of justice
A
- procedural
- substantive
- corrective
- social
- distributive
2
Q
What is justice?
A
An abstract ideal in which the law is fair in protecting rights and punishing wrongs to maintain order in society
3
Q
Procedural justice
A
- Rules about the procedure of law
- Rules must be impartial, general and explicit
- A means of achieving justice through following strict procedures of fairness
4
Q
Substantive justice
A
- The alteration of laws for the purpose of upholding justice
- Considers the content of the rule and not the way in which it is applied
- Fairness and transparency of decision making process
5
Q
Why is justice often unattainable?
A
- inability of the law to take in the uniqueness of each case
- balancing interests of opposing parties
6
Q
Distributive justice
A
- Fair allocation of rights and burdens
- Supported by Karl Marx, who believed that justice could be achieved through the redistribution of wealth from the rich to the working class
- Achieved in the Human Rights Act 1998 and with duty solicitors
- richer parties can afford better, more experienced lawyers
7
Q
Corrective justice
A
- Focuses on the law providing a fair remedy to correct the imbalance caused by individuals or organisations
- Used when rules aren’t applied correctly
- Judges use this when they interpret legislation to avoid an absurdity
- CRA 2015, which gave rights to the most vulnerable party and corrects the inequality between businesses and consumers
- supported by economic theorists
8
Q
Who was John Rawls?
A
Economic theorist
9
Q
What was Aristotle’s beliefs on justice?
A
- justice is proportionate and a balance between extremes
- people who contribute the most to society should receive the greatest share of a state’s resources, unlike legal aid distribution. Unfair to allocate based on need
10
Q
What was HLA Hart’s view on justice?
A
- restrictive, paternalistic
- law should only be used to stop people causing harm to themselves and others
11
Q
Who was John Stuart Mill?
A
- utilitarian
- libertarian
12
Q
What did John Stuart Mill believe?
A
- law should only restrict personal autonomy to prevent harm to others
13
Q
What did Patrick Devlin argue?
A
The question of morality is too complex to be decided by the state, and must be left to the individual. ????
14
Q
Case for corrective justice
A
Jebson v Ministry of Defence
15
Q
What happened in Jebson v Ministry of Defence?
A
75% of claimant’s reward was deducted for his contributory negligence
