Justice, law and punishment. Flashcards

1
Q

what is justice ?

A

concerned with treating everyone equally and fairly

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2
Q

What are four main types of equality, and what do they mean ?

A

Fundamental equality - where all people are treated as equals by the government and legal system. social equality - where all people have the right to vote. equal treatment for equals - treating people of the same group in the same way. and treating people unequally in special circumstances.

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3
Q

what for Plato was an ideal society ?

A

Where all of the elements in society work together to create the ideal society, it also requires structure and equity in the use of its resources. people are divided into different classes in accordance with their strengths.

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4
Q

Who where the Philosopher king’s ?

A

People who run the government. (rehabilitative justice)

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5
Q

what is the tripartite soul?

A

In humans where reason is used to control appetites, nature and emotions.

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6
Q

What book did Thomas Hobbes write ?

A

Leviathan.

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7
Q

what is the contract theory ?

A

Claims that humans lack moral value and must regulate their behaviour in a social contract.

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8
Q

what was Hobbes view of society ?

A

Humans compete and are self-interested, so a just government and law will impose authority to protect and regulate society.

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9
Q

What did Hobbes say life would be like without laws ?

A

“…solitary, poor, nasty, brutish and short”

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10
Q

what laws did Hobbes believe in ?

A

socially set laws and punishment (deterrence)

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11
Q

What are laws ?

A
  • Are made by the state and enforced through the courts.
  • govern human relationships.
  • protect the weak from the oppression of the strong
  • reward the good and punish the bad.
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12
Q

what is deterrence punishment ?

A

preventing or discouraging a person from doing a particular action.

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13
Q

what is rehabilitation punishment ?

A

Changing the view point or circumstances of offenders so they will no re offend.

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14
Q

what is protection punishment ?

A

putting people in prison to protect society.

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15
Q

what is retribution punishment ?

A

making those who have done wrong suffer as a punishment for what they a have done.

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16
Q

what is objectivity ?

A

holds that there is one universal moral code and things are right because they are right. they are intrinsically right.

17
Q

how does if objectivity is true how does it relate to justice?

A
  • uncertain who will decide the punishment
  • people turn against the law giver/law
  • doesn’t allow for special cases.
18
Q

how does if objectivity is false how does it relate to justice?

A
  • requires social acceptance of the punishment/ law

- accentuates divisions between societies

19
Q

what is subjectivity ?

A

is associated with how an individual or the group they belong to feels or thinks about morality.

20
Q

What is relativism ?

A

argues that people can never reach an agreement on objective morals concerning what is determined as good or bad because everyone has a different view point.