Law and Justice Flashcards
Oxford English Dictionary Definition of Justice
‘Just conduct; fairness’
Procedural Justice
How the legal system functions must be fair
Examples of procedural justice
Sentencing, legal aid, access to justice
Substantive Justice
Is concerned with whether the laws are just
Is concerned with whether the laws are just
Substantive Justice
Substantive law
The laws themselves
Eg - murder, loss of control
How the legal system functions must be fair is?
Procedural Justice
What theory did Aristotle establish?
Corrective Justice
What is corrective justice?
The law should aim to put the victim in their original position before they suffered damage
The law should aim to put the victim in their original position before they suffered damage
Corrective Justice
What theory did Aquinas establish?
Natural law
What is natural law?
If God’s law will be followed, there will be justice
The only exception for following God’s law is to uphold societal peace
Example of corrective justice
V receiving compensation which D had to pay for damage to property
Example of natural law
Thou shall not murder
Who came up with corrective justice?
Aristotle
Who came up with natural law?
Aquinas
What theory did Bentham establish?
Utilitarianism
Who came up with utilitarianism?
Bentham
What is utilitarianiam?
A law is just if it benefits the majority, even if it causes injustice for the minority
Example of utilitarianism
Pedophilia being illegal
What theory did Nozak come up with?
Minimal state
What is meant by the minimal state?
A just society is one where the state should only intervene if a person is interfering with another person’s rights.
Government interference should be kept to a minimum
A just society is one where the state should only intervene if a person is interfering with another person’s rights.
Government interference should be kept to a minimum
Minimal state
Who came up with the minimal state?
Nozak
