Law and Justice Flashcards
Definition of Justice
The ethical, philosophical idea that people are to be treated impartially, fairly, properly and reasonably by the law.
Def of procedural justice
How legal institutions ensure justice through the treatment of individuals and the procedures in place eg the right to a fair trial and the appeal process
Def of substantive Justice
Refers to actual legal rules that try to achieve fairness. These are the laws themselves eg is the law of murder fair? Does the def of nuisance treta both parties to the claim fairly?
Def of distributive justice
how the law ensures the fair allocation of resources among diverse members of society. However, the “fair” allocation of resources does not necessarily mean equal allocation.
Theory that supports distributive justice
Plato/Aristotle
Def of corrective justice
How the law deals with wrong doings eg sentencing in criminal law and remedies in tort and contract
