law and justice Flashcards
Aristotle
a just state will distribute its wealth on the basis of merit. proportionate system where the worthiest rather than the neediest receive the greater share
Thomas Aquinas
Justice governs our relationships with other people.
End result of justice is the common good for the individual and for the community
Karl Marx
founder of communism, developed a radically different model of distributive justice
Chaim Perelman
Study of justice (De la Justice)
justice cannot be studied logically, based on a persons subjective values
Jeremy Bentham
Developed legal and moral principle of utility.
The more action increases overall happiness, the more valuable.
The more it decreases happiness the more reprehensible
John Stuart Mill
Justice includes respect for people, for property and for rights as well as the need for good faith and impartiality
John Rawls
Justice is fairness
Two basic principles of justice would be evident within society
Robert Nozick
Developed an Entitlement theory of justice
consist of 3 principles:
• Privatisation of state
• making the individual more responsible for their own welfare
• reducing the dependence of the individual on the state
Utilitarianism
The rightness of an act is judged in isolation to see whether it adds to, subtracts from , the sum of human happiness
Distributive justice
Fair allocation of benefits and responsibilities of life
Social Justice
Demands that people have equal rights and opportunities, from the poorest person to the the wealthiest
Procedural justice
making and implementing decisions according to fair processes
Corrective justice
law restores the imbalance that has occurred between two individuals or an individual and the state
Substantive justice
the content of the law itself must be just
