Law and Justice Flashcards
How did Plato see justice?
A necessary condition for a good life and harmony between different classes
What is distributive justice?
Fair allocation of benefits and responsibilities in society
What is utilitarianism?
Goal of justice is to maximise happiness for as many people in a society as possible
What was Aristotle’s view of distributive justice?
Distribution on merit and contribution to society
What was Aquinas’ view of distributive justice?
Based on principle of ‘fair proportion’ according to merit, social rank and need
What was Marx’s view of distributive justice?
“From each according to his ability, to each according to his need”
What was Chaim Perelman’s study of justice?
De La Justice concludes that justice is an entirely subjective concept
What is act utilitarianism?
Acts are judged to determine whether they increase or decrease overall human happiness
What is rule utilitarianism?
Acts are judged on a basis of what would happen if everyone did the same thing
What was Bentham’s utilitarian approach to justice?
It is centred around the value of actions on how they increase overall happiness
What was John Stuart Mill’s utilitarian approach to justice?
Justice should be based on the quality of happiness rather than quantity
What is procedural justice?
“If people feel they are treated in a procedurally fair way, they will respect authority”
What institution defined procedural justice?
Justice Inspectorates (2020)
How is procedural justice made practical in the legal system?
Trial by Jury
Appointment and independence of the Judiciary
Financing a court case
Sentencing and remedies
What is outlined in Article 6 ECHR and in the HRA 1998?
- Innocent until proven guilty
- Legal aid by means testing
