Law And Justice Flashcards
Oxford dictionary describes it as…
“Just conduct; fairness”
According to law:
Procedural justice: how laws are made e.g juries
Substantive justice: whether rules are just
Substantive law: the laws themselves e.g murder, loss of control
Aristotle
Just law is one that allows people to fulfil themselves in society
Corrective justice:
Justice is contributed by wrongdoing there should be a means of restoring the original position e.g fines, compensations
Natural law (St Thomas Aquinas)
Assumes there’s a higher power derived from god
If higher power is followed there will be…
Justice
A law contrary to human good or against Gods law…
Should not be followed unless it’s in order to avoid social disorder e.g human rights
Utilitarianism (Jeremy Bentham)
Concerned with issues of greater good
Utilitarian approach is…
Concerned with promoting greatest happiness for the greatest number of people
