Law And Justice Flashcards
Types of justice
Distributive
Procedural
Substantive
Corrective
Social
What is distributive justice
Fair allocation of resources
What is social justice
Equal in courts
Procedural
Fair process
Substantive
Fairness of law it’s self
Corrective
Sentencing and remedies
Distributive justice philosophers
Aristotle
Aquilanas
Marx
Perelman
Aristotle view of distributive justice
Distribute wealth on basis of virtue and contribution to society
Where the worthiest not the neediest receive the greatest share
Aristotle view in society
Does not achieve justice as welfare state provides for the neediest at disadvantage to the worthiest
Tax is also increased for wealthy
Aquinas view
Fair allocation of resources
People receive what they are due in accordance to merit rank and needs
Aquinas example
Equality act 2010 ensure fair pay for work
Side of argument
Not justice
Marx
Wealth should be spread to the many
Marx
Justice is served under Marx
Communist
Welfare state, increased tax, insurance in VL
Mill and Bentham
Greatest good for greatest number
Tax ensures greatest good - however at point of harming few as rich taxed more - not just
Nozick
Entitlement theory
Anyone who has acquired what he has through effort is entitled to keep it
Justice is not served
Tax is unfair, looking for isnrace is unfair
Mill and Bentham for procedural
Legal aid creates greatest good for greatest number
However still not achieve justice as 42% gov cuts and limited availability
Rawls
Justice is fair
Rawls example
Article 6 right to fair trial
However prejudice in courts by jury and mags does not create fair process
Procedural justice - law making
Not just and despite mp elected
Must go through have of lords which is not justice
Procedural justice in criminal law
Juries can bring lay man equity
However R V young and ouji board shows that unfairness for some as well as R V west media
Example of where procedural justice is not achieved
Miscarriage of justice
Post office scandal
Substantive justice
Fairness of law it’s slef
How is substantive justice achieved
Precedence - consistency
Judicial review - MARX - just as can be question
What did Marx see as just
Being about to question law
Judicial review
However not justice as expensive and further shows issue of distributive justice
Corrective justice
Sentencing act 2020 - range of sentences
However sentencing for OAPA 47v20 needs reform and both 5 years so not justice for V or D