Law and Justice

Question 1

definition of justice

Answer 1

OXFORD ENGLISH DICTIONARY defined justice as “just conduct; fairness”

Question 2

procedural justice

Answer 2

how laws are made and how legal system operates must be fair (judicial review, judicial independence)

Question 3

substantive justice

Answer 3

concerned with whether the rules are just, substantive justice is the laws themselves (CRA 2015)

Question 4

aristotle

Answer 4

theory of corrective justice- a just law is one which aims to put the person back in their original position before they suffered a loss

Question 5

aquinas

Answer 5

natural law theory suggests there is a higher law given by god, other laws should only ever be followed in order to avoid social disorder

Question 6

jeremy bentham

Answer 6

utilitarianism established theory of justice which states a just law is one which creates the greatest amount of happiness for the greatest number of people even if minority injusticed

Question 7

nozick

Answer 7

minimal state theory meaning state should only interfere if the person is interfering with another’s personal rights and freedoms- ultimately individuals should be free and laws should reflect that