Justice A01 Flashcards
Define justice
diversity of interpretation, generally defined as seeking to ensure fairness and equality for all
What is Perelman’s six means of justice? To all according to his:
1-works
2-needs
3-merits
4-rank
5-legal entitlement
+
6-to all equally
Define formal justice
how legal institutions ensure justice through the:
- treatment of individuals
- consistent application of the law
- adherence to legal procedures
Examples of formal justice
-criminal trials
-procedural fairness
-Article 6 right to a fair trial
-appeals structure
-Criminal Case Review Commission
Define substantive justice
refers to the actual legal rules + laws themselves and how they achieve fairness
Examples of substantive justice
-Aquinas sees this achieved when the law aligns with biblical morality
-criminal law defences e.g: self-defence and durress
-tailored tort law remedies and how these accounts for df’s circumstances
Define distributive justice
how the law ensures fair allocation of resources amongst diverse members of society
Distributive - Rawls
idea of the ‘veil of ignorance’ epitomises distributive justice
Distributive - Aristotle
belives that this doesn’t neccesarily mean equal allocation of resources, and believes that merit should play a factor
Distributive - Jeremy Bentham
supports the principle of distributive justice believing the greatest happiness for the greatest number
Distributive - Karl Marx
opposes Bentham’s view and believes that resources should be allocated based on individual needs
Define corrective justice
How the law deals with wrongdoing through fair remedy and punishment to restore fairness by addressing the harm caused
Examples of corrective justice
-sentencing types, aims and guidlines in criminal law
-comensation in tort law aiming to restore the claimant back to their original position → Aristotle would refer to this as ‘balancing the scales of justice’
What are the 4 types of justice
Formal
Substantive
Corrective
Distributive
