Justice

Question 1

how did Sir John Salmond define law

Answer 1

‘a body of principles recognised and applied by the state in the administration of justice’

Question 2

what are the four key theories of justice

Answer 2

• distributive
• corrective
• utilitarianism
• social justice

Question 3

what is the basis of distributive justice

Answer 3

looks at the fair allocation of benefits in society

Question 4

what does Aristotle state about distributive justice + example

Answer 4

• believed that a just system distributes wealth and responsibilities according to merit
• the worthiest receive the greatest share
• example is the education system

Question 5

what does Marx state about distributive justice + example

Answer 5

• his focus was the obligation to the poor
• everyone should contribute their upmost to society and then goods are distributed according to need
• example is NHS case

Question 6

criticism of Aristotle and distributive justice

Answer 6

not everyone can contribute their upmost to society

Question 7

criticism of Marx and distributive justice

Answer 7

• communism demotivates people
• similar criticism made by some politicians relating to benefits

Question 8

basis of corrective justice

Answer 8

about the fair treatment of people who act illegally and those who have been harmed by them

Question 9

what does Aristotle state about corrective justice + example

Answer 9

• ‘scales of justice’
• if someone or the state suffers due to the actions of someone else, there needs to be correction to make up for this
• example is giving back something that was stolen

Question 10

what does Kant state about corrective justice + example

Answer 10

• we should always do the worthy or moral thing, regardless of consequences
• an individuals rights should never be sacrificed even for the benefit of the majority

Question 11

what is a criticism of corrective justice

Answer 11

not an independent principle of justice

Question 12

basis of utilitarianism

Answer 12

looks at the consequence of an act to decide whether it’s just and the level of happiness it promotes

Question 13

what did Bentham state about utilitarianism

Answer 13

• developed the principle of utility
• what makes an action right or wrong is the usefulness, or value, of the consequence it brings
• more an action increases happiness = the more just it is

Question 14

example of utilitarianism

Answer 14

• R v Dudley and Stepehns
• 3 sailors were starving to death and the youngest one was the closest to death
• one of the sailors killed him and the rest of the sailors survived by eating him
• best result was achieved

Question 15

criticism of utilitarianism

Answer 15

• Kant states an a action is morally good if it’s determined by a principle of pure reason, irrespective of consequences

Question 16

basis of social justice

Answer 16

a ‘hypothetical’ system where, assuming everyone in society could operate behind a ‘veil of ignorance’, benefits and burdens would be distributed in an equitable manner

Question 17

what did Rawls state about social justice + example

Answer 17

• justice is fairness
• we should consider what a ‘just’ system is by imagining we’re behind a veil of ignorance
• rights based system
• considered some rights as ‘inalienable’ and which can never be sacrificed for the common good
• examples are racism, equity, education…