Law and Justice

Question 1

what is justice?

Answer 1

• fairness, equality
• treating similar cases in a similar manner
• showing impartiality
• acting in good faith

(Plato(4th Century BC))-harmony between different sectors and classes of society

Question 2

what are the theories of justice?

Answer 2

• distributive justice
• utilitarianism
• social justice

Question 3

what is distributive justice?

Answer 3

-justice is the fair allocation of the benefits and responsibilities of life

-capitalist
-(Aristotle(4th C BC))-just state will distribute its wealth on the basis of merit
-(Thomas Aquinas (13th C))-deal with
other people as they deserve

• communist
  
  • (Karl Marx (19th C)-founder of communism

-capitalist societies criticised for social injustice but Marx criticise as no country has successfully implemented his ideas

Question 4

what is utilitarianism?

Answer 4

• justice is what produces the greatest good for the greatest number of people
• (Jeremy Bentham)-the greatest happiness for the greatest number
• (John Stuart Mill)-focused on quality of happiness not just the quantity

Question 5

what is social justice?

Answer 5

• the ability people have to realise their potential in the society they live in-people should have equal rights and opportunities
• (John Rawls)-fairness
• (Robert Nozick)-entitlement theory of justice-no limits on private ownership

Question 6

what are the different extents to which law achieves justice ?

Answer 6

procedural justice

corrective justice

natural justice

substantive justice

Question 7

what is procedural justice?

Answer 7

procedural-how laws are made and how the legal system operates

-legal aid-everyone has right to access justice, receive a fair hearing and understand their legal rights and obligations

Question 8

what is corrective justice?

Answer 8

courts

• sanctions and damages
  
  • sentencing
  • damages in negligence (Jebson)
• criminal process
  
  • trial by jury
• criminal appeals
• but miscarriages of justice in criminal cases

Question 9

what is natural justice?

Answer 9

1. court must be impartial and be seen to be so

2. each party to the dispute must have a fair opportunity to present his own case and answer the case of his opponent

Question 10

what is substantive justice in criminal law?

Answer 10

• mandatory life sentence for murder-(R v Inglis)

- defences

Question 11

what is substantive justice in contract law?

Answer 11

exclusion clauses

• (Olley v Marlborough Court Hotel)
• (Unfair Contract Terms Act 1977)

third party rights
-(Contract (Rights of Third Parties) Act 1999))

frustration

• contract is frustrated through no fault
• (Law Reform (Frustrated Contracts) Act 1943))