Law and Justice Flashcards
What is the definition of Law?
A set of rules established by a governing authority to regulate behavior and ensure order in society. It is enforceable through institutions like courts and police.
What is the definition of Justice?
A moral principle that seeks fairness, equality, and impartiality in the treatment of individuals. It is concerned with ethical outcomes rather than just legal compliance.
How does law serve as a tool for justice?
The legal system is designed to promote justice by protecting rights, punishing wrongdoing, and resolving disputes fairly.
True or False: All laws are just.
False
What is an example of unjust laws?
Apartheid laws in South Africa were legal but highly unjust.
What is an example of justice existing outside formal legal systems?
Community-driven restorative justice practices.
What does Distributive Justice focus on?
The fair allocation of resources in society (e.g., progressive taxation, welfare systems).
What is the focus of Corrective Justice?
Ensures that harm caused by one party is rectified by compensating the victim (e.g., tort law).
What does Retributive Justice advocate for?
Fair punishment proportional to the crime (e.g., imprisonment for serious offenses).
What are some challenges in achieving justice through law?
- Unjust laws
- Bias and inequality
- Legal loopholes
What does bias in the legal system lead to?
Injustices against certain groups.
What is a consequence of legal loopholes?
Some individuals manipulate the law for personal gain, undermining justice.
What was the significance of Brown v. Board of Education (1954, USA)?
Declared racial segregation in schools unconstitutional, aligning law with justice.
What did R v Dudley and Stephens (1884, UK) demonstrate?
How strict legal rules can sometimes conflict with moral justice.
Fill in the blank: A fair legal system must continuously evolve to uphold _______.
justice
What must a fair legal system address to ensure justice?
- Moral concerns
- Equal treatment
- Adapting to societal needs
