Justice Flashcards
theory/ is it achieved?
What is the meaning of justice?
A simple idea of justice is fair and equal treatment for all. It is, or should be, the primary aim of a legal system to deliver justice- but it is unlikely that the law will produce justice in every case.
What is distributive justice?
It requires that the law should be used to ensure that benefits (e.g. money) and responsibilities (e.g. taxes) are allocated fairly.
What did Aristotle (ancient Greek philosopher) argue?
A just law would distribute wealth and benefits according to a persons contribution to society.
What is a downfall of aristotles arguement of a just law?
It to recognise that people who start with advantages, such as supportive families and good education, may be in a far better position to contribute to society and thus will receive the most wealth.
What did Karl Marx (19th century founder of communism) argue?
A just law would re-distribute wealth and benefits from the rich to the working class, e.g. ‘from each according to his ability to each according to his needs’.
For example, justice can be achieved by the free duty solicitors scheme
What is utilitarianism?
It argues that a just law is one which provides the greatest happiness for the greatest number. The interest of the individual may have to be sacrificed if that would create more happiness for the majority.
For example, motoring laws limit the freedom of the motorist for the ben
who proposed the theory of utilitarianism?
Victorian philosopher Jeremy Bentham.
What is a downfall of utilitarianism?
it can be difficult to measure and balance different types of happiness.
What is social justice?
It requires that a just law would ensure that people are able to achieve their full potential regardless of their background. Everyone should have basic liberties and rights (e.g. freedom of speech and the right to own property). These rights would be inalienable- could never be taken away for any greater happiness for society.
conflicts with utiliatrianism
who proposed the theory of social justice?
John Rawls in the early 1970s
In social justice, under what case would inequalities be allowed?
Paying a brain surgeon more than a hospital partner may be accepted but only if they benefit the least advantaged and if everyone who wants a particular career has a reasonable opportunity to pursue it.
How does the system of sentencing try to achieve justice?
It tries to ensure corrective justice, which aims to reform an offender and illustrates how it’s difficult for utilitarianism to weigh the happiness felt by the public at harsh punishments against the benefit to the individual of reform programmes e.g. help with drug addiction that may decrease offending.
What is procedural justice?
Ds who cannot afford to defend themselves have lawyers provided by the state. This system is much criticised with many Ds not entitled to public funded representation in criminal court. An example is our system of appeals which is designed to correct the mistakes that are made in trial courts.
Why is natural justice in place?
To ensure that cases are carried out in a fair manner. The two most important of these rules are: courts must be impartial and be seen to be, and that both sides to a dispute have an opportunity to be heard.
Do strict liability offences achieve justice?
They allow a conviction without proof of mens rea which is arguably unfair on an individual D and may cause injustice, (CALLOW V TILLSTONE). However, such offences help protect society e.g. from unfit food and therefore maximise the greatest happiness for the greatest number of people (utilitarianism).
In what ways does self-defense provide justice?
It recognises the right of Ds to use force to protect themselves when attacked, It is a complete defence as long as force was both necessary and reasonable, It cannot be claimed in cases of revenge HUSSAIN AND ANOTHER, D does not have to wait to be attacked before he can use force to defend himself A-GS REF, D can be mistaken about the need to use force as the criminal law recognises that people make mistakes (CJIA 2008).
How does duress prevent justice?
HOWE + GOTTS, the defence of duress is not available for murder/attempted murder but still available to a charge of GBH under S.18 if V survives, which is unfair given that D may have the same state of mind as someone accused of murder.
How does the mens rea of murder prevent justice?
It is too broad. It is unjust that those who kill with indirect intent as to causing GBH can be convicted with the same sentence (mandatory life imprisonment) as those who directly intended and desired that V should die.
