Law and justice Flashcards
Oxford definition
“Just conduct/fairness”
What are the two types of justice
Procedural and substantive
What is procedural justice
How fair/just the legal procedures are e.g random selection of a jury and deciding a sentence
What is substantive justice
How fair/just the legal rules themselves are e.g law on murder or defence of intoxication
Who established corrective justice
Aristotle
What did Aristotle establish
Corrective justice
What does corrective justice state
That a just law is one which aims to put the V back in their original position before they suffered a loss/damage
Examples of corrective justice
Compensation
Reparation
What is the natural law theory
The idea that laws given by God lead to justice and that laws made my parliament should be followed in order to avoid social disorder
What is utilitarianism
A just law is one which creates the greatest amount of happiness for the greatest number of people even if the minority suffer an injustice
Who established minimal state
Nozick
What does the minimal state surround
a just society is one where the state only interfere with people’s lives if their personal rights and freedoms are affected
