Justice - Paper 1 & 3

Question 1

What is the Oxford English Dictionary of Justice?

Answer 1

Just Conduct; Fairness

Question 2

What is Procedural Justice?

Answer 2

That the way laws are made and how the legal system operates must be fair, e.g. selection of a jury, aims of sentencing, access to justice

Question 3

What is Substantive Justice?

Answer 3

It is concerned with whether the laws/rules are just, e.g. the law on murder and loss of control

Question 4

What is Aristotle’s Theory of Corrective Justice?

Answer 4

Where justice is disturbed by wrongdoing, there should be a means of restoring the original position, e.g. punishment in criminal law and compensation in civil law

Question 5

Who developed the natural law theory?

Answer 5

Aquinas

Question 6

What is the natural law theory?

Answer 6

There is a ‘higher’ natural law derived from God, and if this higher law is followed there will be justice

Question 7

When should a law that is contrary to God’s law be followed?

Answer 7

In order to avoid social disorder

Question 8

What is Jeremy Bentham’s Utilitarianism theory?

Answer 8

A law is a just law if it benefits the majority of people, even if this results in injustice for the minority

Question 9

What is Robert Nozick’s theory of Justice?

Answer 9

The minimal state theory

Question 10

What does the minimal state theory state?

Answer 10

State interference should be kept to a minimum to achieve a just society, and that individuals have natural rights free from interference from others