Law and Justice Flashcards
What is justice
It is the idea that the law is fair in how it seeks to punish wrongs and protect rights
Key theorists for law and justice
Aristotle
Aquinas
Jeremy Bentham
Karl Marx
Aristotle
Justice for him was about distribution and proportionality - Lindsay v Commissioners of Custom and Excise
Aquinas
Natural law thinker - Had ideas of ‘justice as fairness’
Jeremy Bentham
Coined the idea of utilitarianism - happiness of individuals sacrificed for greater good - R v Brown
Karl Marx
Argued that in a capitalist society all laws are unjust. Justice can only be achieved by redistribution of wealth.
What did Lord Denning write about justice?
That ‘the proper role of the judge is to do justice between the parties before him.’
What did Robert Megarry say about justice in Tito v Waddell
‘The question is not whether the plaintiffs ought to succeed as a matter of fairness or ethics or morality’
How do procedural laws attempt to ensure justice?
By ensuring all are equal before the law
Examples of procedural justice?
Everyone is entitled to put case in court
Financial assistance
Rules of evidence - R v Miller
How do procedural laws ensure justice?
By the application of legal rules themselves
Examples of substantive justice?
Defences to justify actions.
Sentencing: accused treated consistently with fault
Standard of care owed by a professional is above that of an ordinary person.
Example of failing to achieve justice?
Mandatory life term for murders allows no flexibility - R v Canning
Rules on joint enterprise: R v Jogee
Notorious cases of miscarriages of justice?
Timothy Evans
Alan Turing
Lindsay v Commissioners of Custom and Excise
Practice of customs officials to confiscate cars and goods being smuggled was held to be disproportionate - Aristotle
