Law and Justice

Question 1

Justice

Answer 1

Defined in the dictionary has “just behaviour or treatment” or a “judge or magistrate in particular a judge of the Supreme Court of a county or state”.

Question 2

Distributive justice

Answer 2

This concerns, the distribution of goods and outcomes, which should be equal proportionate and fair.

Question 3

Utilitarianism

Answer 3

Weather an action is morally right or wrong, depends upon the effect of the action, whether it produces a good or bad result.

Question 4

Harm principle

Answer 4

Only actions that can be prevented, are ones that create harm. John Stuart Mill, British philosopher.

Question 5

Liberal natural rights theories

Answer 5

Founded by philosopher john Locke, each man has a natural right to life, liberty and property which should not be violated by governments

Question 6

Libertarian-market theories

Answer 6

Interference in the market distribution of benefits and burdens would be unjust if it restricted or intervened with a persons individual freedom

Question 7

Marx, Perelman, Nozick,Hart and compensation

Answer 7

Hart linked the idea of justice with morality and stated that these should be treated alike.

Question 8

Rawls and for the original position

Answer 8

A rational person would pay for items if they wanted them badly enough “A theory of justice” 1971

Question 9

Nozick and historical entitlement

Answer 9

“Anarchy state and utopia” 1974. Justice is based on rights which include the right to retain our property

Question 10

Procedure law

Answer 10

Deals with the ways in which the substantive laws can be enforced
There is no independent powers
The idea is that the process should be fair

Question 11

Substantive law

Answer 11

Does have independent powers to decide the fate of the case and this deals with the areas of law which establish the rights of individuals.
Regulated by an act of parliament ore govt. implementation
Focused on the treatment and behaviours rather than the procedures