Law and Justice Flashcards
How did Sir John Salmond define law
A body of principles recognised and applied by the state in the administration of justice
What are legal rules
common or statutory rules used to enforce basic rights and regulate society
What is justice often viewed as ?
the principle of fairness
How did the Oxford English Dictionary define justice ?
‘the quality of being morally right and fair’ and aims to achieve equality
What did Chaim Perelman say about defining justice ?
it’s hard because each person has their own idea of fairness so is subjective and if it’s achieved will be answered differently
What do naturalists say about justice ?
it comes from a ‘higher order’
Where does Aquinas claim laws come from ?
God
Where does Aristotle say laws come from?
Nature
What does Positivist Hart say ?
should be calculated in a scientific way - objective and empirical methods and not overlap with morality
Example of how does positivism believe you can provide justice without moral overlap ?
Euthanasia - R V Pretty widely believed mercy killing is moral however P argue provide justice as fair to punish killers
What do Utilitarians like Bentham say?
look at consequences of law and fundamental object of justice - maximise human happiness
What does Mill say (Utilitarian)?
justice is when the greatest happiness is given to the greatest number ‘majority over minority’
Where can the utilitarian approach be seen ?
R V Brown - society placed over the individuals interests , unfair as forgets indiv. rights
What do economists say like Karl Marx ?
society in a state of perpetual conflict bc of limited resources and therefore justice is not possible in a capitalist society
What does Karl Marx suggest?
those with wealth and power try to hold onto it by suppressing and exploiting the poor and powerless
What did John Rawl say about an agreed set of principles ?
should be 2 basic princ. : basic liberties (to all) and equality of opportunity and distribution
What are the 2 main issues when considering extent of justice achieved and what are they concerned with ?
Formal justice
Procedural justice
concerned w legal processes & institutions upholding law (police/courts/judges/prison/prob. service)
What did Dicey say about the rule of law these issues focus on ?
‘no person punishable except for distinct breach of law establ. in courts and also that no man is above the law, but every man, whatever his rank, is subject to ordinary law of the realm’
