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