Law and justice Flashcards
What does justice mean?
In essence means fairness and equality and the idea that like cases are treated alike
What are the three theories of justice?
Distributive justice
Utilitarianism
Social justice
What is distributive justice?
Distributive justice is concerned with the fair allocation of resources and responsibility within society
What was Aristotles argument?
Aristotle argued that a just state will distribute wealth on the basis of merit and according to each persons virtue i.e. contribution to society
What was Aquinas’ view on justice?
Justice is based on natural law, legal systems are governed by the idea of ‘due proportion’ i.e. allocating resources according to peoples merit
What is Karl Marx’s view on distributive justice?
‘from each according to his ability, to each according to his need’
There are two principles of communism:
1. an individual will maximise his contribution to society’s common wealth by making full use of his abilities
2. An individual will receive recourses according to his need, irrespective of the personal contribution he has made
What is utilitarianism?
Achieving happiness for the greatest number.
Law is ‘just’ if it has value, usefulness and it brings happiness
What did Bentham argue about the law?
Developed a mathematical calculation for formulating happiness.
Identifies and grades different kinds of pleasure or pain –> these factors help introduce objectivity into subjective issues
The main criticism of utilitarianism?
Individual injustices may result in pursuit of justice for the masses
What is social justice?
Allows people to reach their potential in the society in which they live and depends on a level playing field.
What did John Rawis say?
John Rawis’ theory was based on fairness - he believed social and economic inequalities may exist but only:
Where they benefit the least advantaged members of society and provided all offices and positions are open to everyone –> so equal opportunity regarding skill
What are the ways in which legal aid achieves justice?
Legal aid - the establishment of government funded legal aid schemes in 1949 are designed to provide access to justice for all
Ken clark said that “access to justice is the hallmark of a civilised society.”
Legal Aid, sentencing and Punishment of Offenders Act 2012
What are the other ways in which the law achieves justice?
Criminal trials and appeals –>
R v Pomting and R v owens (jury equity)
The prosecution can appeal against undult lenient sentences - Under s36 CJA 1988
Sentencing practice in the courts –> I
dea of sentence being proportionate to the gravity of the offence and the circumstance around it
John Stuart Mill did not accept the validity of a retributive - all punishment is evil in itself –> but imposing sanctions could be justified under the principle of utility if there were greater benefit for it.
Damages in tort -
Aristotle’s model of justice - the tort of negligence and the aim of compensation is to restore the claimant to his pre-tort position.
What are the rules of natural justice?
- A tribunal must not only be impartial but also seen to be so
- judicial independence - Each part to the dispute must have a fair opportunity to present his own case and to defend himself
- Ridge v Baldwin –> dismissing chief constable without trial defied natural justice.
Cases demonstrating injustice regarding euthanasia?
R v Coker - euthanasia at his wife’s request - given murder
R v Cox - prosecuted for mercy killing
Nicklinson - court refused to grant a declaration that would allow a doctor to end the life of a patient with locked in syndrome
