Justice Essay Flashcards
Natural law
Law comes from a higher order
Distributive justice
The fair allocation of benefits and responsibilities
Aristotle
Distribute wealth on merit of contribution
Worthiest not neediest
Corrective justice
Balance out loss
D doesn’t gain
Aquinas
Justice governs our relationships
Constant willingness to treat people as they deserve
Common good
Receive what due based on merit,rank and need
Commutative justice:
Exchange of goods/services is governed by equality
Believed higher order came from god
Ultratariansim
The greatest happiness for the greatest number
Jeremy Bentham
Originator of the school
Best law provides greatest happiness for greatest number
Greatest for many may not be for all
Individuals benefit sacrificed for the majority
John Stuart mill
Linked ultratarianism to justice
Justice Includes respect for people,property and rights
Aswell as the need for good faith and impartiality
Consistent with theory of utility
Punishment=greatest happiness for greatest number
John- punishment is evil-not justifiable unless brings greater benefit
State shouldn’t be able to interfere with individuals rights
Unless harm could be caused to others
Economic theories
Measure happiness in terms of material wealth
Capitalist contested with socialist
Capitalist gov- protective over property rights- not interfere much with individual rights
Socialist-interventionist(employment protection)
Karl Marx socialism
Socialism-hostile to property rights-when it comes at the expense of social justice
Capitalism-protects individual wealth-at expense of social needs of many
Rich impress the working
His theory based on redistribution of wealth
Good for majority but not for few
Robert nozick capitslism
Defined a society where the state had the Least power to interfere with individual rights
Theory not only based on ownership of property but also the way it was gained
If property gained fairly-state cannot interfere
Redistribution of wealth unfair as it interferes with individuals rights
Different to Rawls who said:
Inequalities may exist only where they benefit the most disadvantaged members of society
Property that was justly acquired may not be appropriated simply as a form of redistribution of wealth, to reduce inequality
Legal aid (procedural)
Legal aid-gov money made available to supper people to assert/defend their rights
Important element in promoting justice
Domestic society- all citizens have a right to access justice,receive a fair hearing to understand their legal rights and obligations
Many people need help accessing their rights
Has been a significant vehicle through which the help is provided in both the criminal and civil justice systems
Legal aid criticism
Budget for legal aid has been limited
Does pay not all for everyone who needs help and representation
Budget fitted by the treasurer and places limits upon the operation and qualification of legal aid
Entitlement is means tested so as Demand increases the budget doesn’t
Sentencing (procedural)
When judges or magistrates pass a sentence upon an offender they take into account things like
Sums of sentencing
Mitigating + aggravating factors
Sentencing guidelines
As a result the sentence should be just
Sentencing criticism
One sentence that is unjust is murder (mandatory life sentence )
Given to adult convicted of murder
Different levels of culpability are treated equally
However the judge can set a min time that D must serve before being able to apply for parole
Provides a greater degree of justice
Juries (procedural)
Trial by jury enables the case to be settled by their peers
Free to apply their view of justice
Rather than having to strictly adhere to the rules of law (pointing)
