Law and Justice Flashcards
1
Q
Part One: Intro
A
- meaning of j-> law is ‘fair’ in punish wrong & protect rights
- Aristotle-Chaim Perelman com def, 4 types C,D,F,S
2
Q
Corrective justice
A
the reversal of wrongs where the imbalance between 2 parties is restored
3
Q
CJ provided in law
A
- crim law: sentencing is retribution
- civil law: remedy of comp dam
- contributory negligence
4
Q
CJ not provided in law
A
- crim law: high reoffending, inconsistent sentencing, overcrowded prison
- civil law: inequality of bargain power
5
Q
Distributive justice
A
(Aristotle & Perelman) the fair allocation of resources eg wealth, power, rights
6
Q
DJ provided in law
A
- antidiscrimination law SDA’75, RRA’76
- minimum wage
7
Q
DJ not provided in law
A
- McPherson Rep & institutional racism (s/s)
- tax evasion not punished
- white collar (fraud) not investigated
8
Q
Formal justice
A
legal institutions (police, court, judge) follow fair procedures to make fair decisions
9
Q
FJ provided in law
A
- appeal system, crim case rev com
- legal aid for those w/o legal rep
10
Q
FJ not provided in law
A
- favours the wealthy
- legal aid reduced (LASPO 2012)
- biased lay people
11
Q
Substantive justice
A
the legal rules themselves must be fair and in proportion to the issue they are trying to resolve
12
Q
SJ provided in law
A
- crim law: diff levels of mr (M,C)
- defences (insanity, automatism)
13
Q
SJ not provided in law
A
- life for murder only certain type
- dim res: Byrne (sex psy) & Ahluwalia equal
- consent: Wilson (bum) and Emmett (fire)
14
Q
Natural law theorists
A
- law and morals
- DJ most important
- deal w/ inequality
15
Q
Positivists
A
- utilitarian approach
- FJ and SJ most importaant
- overall most useful
