LAW AND JUSTICE

Question 1

what are the theories of justice? (3)

Answer 1

-distributive justice
-utilitarianism
-social justice

Question 2

what different understanding of justice did Chaim Perelman outline in De la justice? (6)

Answer 2

1) ‘to each according to his merits’ each person is related in the manner he or she deserves - practice of criminal courts
2) ‘to each according to his needs’ - social democracy, such as social housing or tax allowances
3) ‘to each according to his works’ measures an individuals rewards according to contribution to society
4) ‘to each equally’ allocating scarce resources rationing in 1945
5) ‘to each according to his rank’ quarters of army officers are better
6) ‘to each according to his legal entitlement’ rights based system

Question 3

how did Thomas Aquinas describe justice? (2)

Answer 3

in general terms, justice governs our relationship with other people. it is willingness to deal with other people as they deserve. the end result of justice is the common good, for the individual and for society.

Question 4

what examples did Aristotle highlight in justice? (2)

Answer 4

highlighted distributive justice - argued that a just state will distribute its wealth on the basis of merit, giving to each according to his ‘virtue’ and to his contribution to society - a proportionate system.

Question 5

what principles of communism did Karl Marx outline? (2)

Answer 5

-each will maximise his or her contribution to the common wealth by making full use of his or her abilities
-each will receive according to his or her needs irrespective of the personal contribution he or she has made to the production process.

Question 6

how did Aristotle describe justice? (2)

Answer 6

he described justice as referring to individuals in their dealings with each other, and to the state in making and enforcing laws. he stressed the need for proportionality and for achieving the middle way - a balance between extremes.

Question 7

how would Aristotle view Karl Marx’s model? (2)

Answer 7

Aristotle would have regarded this model of distribution as unjust in that it has the potential for giving the greatest rewards to the least productive and therefore least deserving members of society.

Question 8

how did Karl Marx describe justice? (1)

Answer 8

different form of distributive justice - this model embodied his slogan ‘from each according to his ability, to each according to his need’ which outlines two principles of communism.

Question 9

what example did Thomas Aquinas highlight in justice? (2)

Answer 9

distributive justice concerns the fair allocation of goods and responsibilities throughout the community, which is governed by the principle of due proportion which means that people receive what they are due in accordance with their merit, rank and need.

Question 10

what is the role of the CCRC? (1)

Answer 10

do not consider innocence or guilt but whether there is new evidence or argument that may cast doubt on the safety of the original decision. e.g Sally Clark.

Question 11

what are the principles of natural law? (2)

Answer 11

1) the court must not only be impartial but also seen to be so. - judges should not have any personal interest in a case (pinochet case 1998)
2) each party to the dispute must have a fair oppotunity to present his or her own case and to answer the case of his or her opponent. e.g Rlage v Baldwin (1964)

Question 12

What are some partial defences to murder? (3)

Answer 12

-loss of control
-diminished responsibility
-survivor of a suicide pact

Question 13

what are some examples in corrective justice in the criminal appeal process? (3)

Answer 13

-under the criminal justice act 1998 - prosecution can appeal against ‘unduly lenient’ sentences
-under the criminal justice act 1972 - appeal on point of law - e.g general reference (No.2 of 1992) court of appeal considered defence of automatism.

Question 14

what are some examples of miscarriages of justice in criminal cases? (2)

Answer 14

-wrongful imprisonment (Birmingham six) led to the establishment of the criminal cases review commission in 1997.
-public funding is limited

Question 15

what are some examples of substantive justice? (2)

Answer 15

-mandatory life sentences - proportionality - cocker (1989) man killed his terminally ill wife. allowed no defence.

Question 16

what are some examples of corrective justice in the criminal process? (2)

Answer 16

-trial by jury (ponting 1985) - releasing information
-illegally obtained evidence may be admissible (Jeffrey v Black 1978)

Question 17

how did Plato define justice? (1)

Answer 17

Harmony between different sectors of society.

Question 18

give an example of damages in contract law that aligns with corrective negligence? (1)

Answer 18

Victoria Laundry v Newman (1949) reflect concept or proportionality

Question 19

what has changed in legal aid for criminal proceedings? (1)

Answer 19

many firms have given up their legal aid services (criminal) raising risks of miscarriages of justice.

Question 20

what are some examples of procedural justice? (3)

Answer 20

-legal aid availability - legal aid sentencing and punishment of offenders act 2012 (budget cuts) (against)
-the right of the access to a court - article 5 ECHR (HRA 1998)
-legal aid in criminal proceedings (for)

Question 21

give an example of damages in civil law that aligns with corrective justice (1)

Answer 21

Jebson v ministry of defence (2000) 75% of claimants damages deducted due to contributory negligence. (responsibility reflections)

Question 22

what are some examples of corrective justice? (3)

Answer 22

-sentencing - considers aim of sentence (punishment deterrent) - mitigating and aggravating factors
-damages in civil law (negligence)
-contract law; claimant is placed in position he/she was in before loss

Question 23

what did the legal aid sentencing and punishment of offenders act 2012 do? (6)

Answer 23

cases to be excluded from legal aid provision are most family cases, many immigration cases, education cases (does not involve educational special needs), most debt matters, most first instance welfare benefits cases and many cases involving employment and homelessness.

Question 24

what is substantive justice? (1)

Answer 24

the content of the law itself must be just.

Question 25

what political moves back Robert Nozicks theory? (3)

Answer 25

-privatisation of state-owned facilities
-making the individual more responsible for his or her own welfare
-reducing the dependence of the individual on the state

Question 26

what is corrective justice? (1)

Answer 26

when the law restores the imbalance that has occurred between two individuals or an individual and the state.

Question 27

what is corrective justice also known as? (1)

Answer 27

restorative justice

Question 28

what two principles did John Rawls would be evident with his hypothetical society? (2)

Answer 28

-each person would have ‘an equal right to the most extensive scheme of basic liberties compatible with a similar scheme of liberties for others’
-the social and economic inequalities may exist but only in certain circumstances.

Question 29

how did Nozick differ from Rawls? (2)

Answer 29

Rawls argued that inequalities may exist only when they benefit the most disadvantaged members of society Nozick places no limits upon private ownership. property justify acquired may not be appropriated simply as a form of redistribution of wealth to reduce inequalities.

Question 30

what is procedural justice? (1)

Answer 30

this is concerned with making and implementing decisions according to fair processes.

Question 31

how did Robert Nozick describe justice? (4)

Answer 31

he developed an entitlement theory of justice which contained 3 principles;
1) a principle of justice in acquisition dealing with how property is initially acquired.
2) a principle of justice in transfer, dealing with how property can change hands.
3) a principle of rectification of injustice under the two other principles

Question 32

what situations did John Rawls state that social and economic inequalities may exist? (2)

Answer 32

-where they benefit the least advantaged members of society
-provided all offices and positions are open to everyone.

Question 33

what are the three types of justice? (3)

Answer 33

-procedural justice
-corrective justice
-substantive justice

Question 34

what theorists developed the theory of social justice? (2)

Answer 34

-John Rawls
-Robert Nozick

Question 35

how did John Rawls describe justice? (2)

Answer 35

He described justice as fairness and then presented a hypothetical society where each member would distribute its resources in a disinterested manner. he or she operate behind a ‘veil of ignorance’

Question 36

What is meant by social justice? (1)

Answer 36

the ability people have to realise their potential in the society where they live. is concerned with equal justice.

Question 37

how did John Rawls describe this ‘veil off ignorance’? (1)

Answer 37

‘no one knows this place in society, his class position or social status, nor does anyone know his fortune in the distribution of natural assets and abilities, his intelligence, strength and the like’

Question 38

what does social justice demand? (1)

Answer 38

that people have equal rights and opportunities.

Question 39

how did John Stuart Mill link utilitarianism to justice? (1)

Answer 39

Justice he explained includes respect for people, for property and for rights as well as the need for good faith and impartiality.

Question 40

how did John Stuart Mill describe justice? (2)

Answer 40

Mill stated that actions are right ‘in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness’ he focused on the quality of happiness rather on the quality, he wrote ‘better to be a human dissatisfied than a pig satisfied.

Question 41

what are the criticism of utilitarianism? (1)

Answer 41

the interest of an individual may be sacrificed for greater community happiness- consider the investgatory powers act 2016

Question 42

what does the investigatory powers act 2016 state? (2)

Answer 42

Edward Snowdens (whistle blower) ‘the UK has just legalised the most extreme surveillance in the history of western democracy. it goes further than many autocracies’

Question 43

what did John Stuart Mills argue about punishment? (2)

Answer 43

that punishment is in itself an evil as it involves inflicting harm or pain, and can only be justified where it brings a greater benefit such as public order.

Question 44

how did Jeremy Bentham describe Justice? (1)

Answer 44

the theory is centred around the concept; more an action increases overall happiness, the more valuable its is and the more it decreases happiness, the more reprehensible.

Question 45

how did Chaim Perelman describe justice? (2)

Answer 45

in 1944, Perelman produced a study of justice titled De la justice cannot be studied logically as each attempt to define it is based upon a persons subjective values.

Question 46

what are utilitarian’s most concerned with? (2)

Answer 46

outcome of an act, regardless of what the act itself is
maximising happiness is the object of justice.

Question 47

what are the criticisms of Karl Marx’s views? (1)

Answer 47

No country has bee able to implement them with sufficient success to bring about the just society envisioned by Marx.

Question 48

who were the main theorists for the utilitarianism theory? (2)

Answer 48

-jeremy Bentham
-John stuart Mill

Question 49

who are the leading theorists for the distributive justice theory? (4)

Answer 49

-Aristotle
-Thomas Aquinas
-Karl Marx
-Chaim Perelman