Law and Justice Flashcards
Law and Justice
Largely considered in the context of criminal and contract or human rights law.
The meaning of justice
A concept that can be described by a synonym such as fairness, equality of even-handedness.
Start of the theory of justice
Started with the Ancient Greeks:
- Plato: justice is harmony between different sectors/classes in society
- Aristotle: emphasised the need for proportionality, a middle ground in extremes.
13th Centurary:
- Aquinas: believed in giverning our relationships with others.
Distributive Justice
This is the fair allocation of benefits and responsabilities of life (money, property, food, ect.)
Distributive Justice - philosophers
- Aristotle
- Thomas Aquinas
- Karl Marx
- Chaim Perelman
Distributive Justice - Aristotle
A just state will distribute wealth on the base of merit, giving to each accordance to his ‘virtue’ and contribution to society. It’s a proportionate system: the worthiest over the neediest. This system may not work or be accepted today, due to our care for the elderly and the disabled.
Distributive Justice - Aquinas
Concerns fair allocation of goods and responsabilities throughout the community, governed by the principles of due proportion. People should recieve what they’re due accordance with merit, rank and need.
Distributive Justice - Marx
‘From each according to his ability, to each according to his need’ - there are 2 ideal principles of Communism:
1) Everyone must maxismise their contributions to common wealth bymaking full use of their abilities.
2) Everyone will recieve according to their need, irrespective of contribution.
No country was able to put this view in motion so far, however, countries using Aquinas’ and Aristotle’s theories are criticised for social injustice.
Distributive Justice - Perelman
‘De la Justice’ - believed justice cannot be studied logically as it’s subjective. He found different understandings of justice:
- ‘to each according to his merits’
- ‘to each according to his needs’
- ‘to each according to his works’
- ‘to each equally’
- ‘to each according to to his rank’
- ‘to each according to to his legal entitlement’
Utilitarianism
Happiness of the majority over the individual.
Utilitarianism - philosophers
- Jeremy Bentham
- John Stuart Mill
Utilitarianism - Bentham
Developed the theory of utilitarianism.
Utilitarianism - Mill
Justice includes respect for people, property, rights and need for good faith and impartiality - consistant with the principle of utility. He argued that punishment is evil and can only be justified where there would be greater benefit resulting in it.
Act and Rule Utilitarianism - act
Under the act, the rightness of an act is judged in isolation to seeits effect on human happiness.
Act and Rule Utilitarianism - rule
Under the rule, the rightness of an act is judged according to see if human happiness would be affected if everyone acted the same way.
Social Justice
The ability people have to realise their potential in the society they live. This is concerned with equal justice, not just in courts, but in all aspects of society. It is a concept that demands everyone has equal rights and opportunities.
Department of Work and Pensions (2012): ‘social justice is about making society function better - providing the support and tools to help turn lives around’.
Social Justice - philosophers
- John Rawls
- Robert Nozick
Social Justice - Rawls
‘A theory of Justice’ (1971) - justice is fairness. Rawls presented a hypothetical society: each member distributes resources i nan disinterested manner. To make this possible, nobody would know in advance what position in society they would be or what stage in society’s development they’re born in - they must operate behind a veil of ignorance. He argued the basic principles of justice would be evident in society through:
- each person would have ‘an equal right to the most extensive scheme of basic liberties compatible with a similar scheme of liberties for others’
- Social and economic inequalities may exist, but only: where they benefit the least advantaged and provided that all offices and positions are open to everyone.
Basic human rights can never be sacrificed for the common good.
The extent to which law achieves justice
The extent to which law achieves justice - procedual justice
The extent to which law achieves justice - procedual justice - legal aid
The extent to which law achieves justice - procedual justice - exclusions
The extent to which law achieves justice - procedual justice - denial of justice
The extent to which law achieves justice - corrective justice
