Law and Justice Flashcards
1
Q
What is law?
A
- Law refers to the system of rules enacted and enforced by governmental institutions
2
Q
What is justice?
A
- Justice is fairness, equality and even handedness. This means treating like cases in a like manner
3
Q
What did Plato argue about justice?
A
- Plato saw justice as harmony between different classes or sectors of society
- Justice is an overarching virtue between individuals in society
4
Q
What did Aristotle argue about justice?
A
- Aristotle argued the need for proportionality and achieving a middle way
5
Q
What did Aquinas argue?
A
- Aquinas argued that justice governs relationships, dealing with people as they deserve
6
Q
What are the three theories of justice?
A
- Distributive Justice
- Utilitarianism Justice
- Social Justice
7
Q
What is distributive justice?
A
- The fair allocation of benefits and responsibilities of life
8
Q
What did Aristotle argue about distributive justice?
A
- Aristotle argues that justice is how individuals deal with each other and how the state makes and enforces laws
- He stressed the need for proportionality
- Justice will apply differently to different situations. A distributive state will share out wealth based on merit and must allocate resources on the basis of people’s needs would be unjust
9
Q
What did Thomas Aquinas argue about distributive justice?
A
- Justice governs our relationships with people
- The willingness to treat people as they deserve
- The end result of justice is the common good for individuals and society
- Due proportion is that people receive what they are due in accordance of merit and rank. It would be wrong to pay workers an equal amount
10
Q
What did Karl Marx argue about distributive justice?
A
- ‘Each according to his ability, to each according to his need’
- Each will maximise their contribution by making full use of their abilities
- Each will receive according to their needs irrespective of their personal contribution
- However, Aristotle argued that the model is unjust as it could give the greatest reward to those who are least productive
11
Q
What did Chaim Perelman argue about distributive justice?
A
- Did a study of justice ‘De La Justice 1944’
- Justice cannot be studied logically as it is dependent on subjective values
- He studied six different understandings of justice
12
Q
What are the 6 different understandings of justice according to Chaim Perelman?
A
- To each according to his merits = Treated in the way they deserve
- To each according to his needs = Consistent with democracy
- To each according to his works = Based on contribution to society
- To each equality = Fair allocation of scarce resources
- To each according to rank = Superior officers or older people get more resources
- To each according to his legal entitlement = Rights-based system
13
Q
What is utilitarianism?
A
- Maximising happiness is the object of justice
14
Q
What did Jeremy Bentham argue about utilitarianism justice?
A
- He was a social reformer who argued that the more an action increases overall happiness, the more valuable it is
- They are interested in the outcome rather than the act
- This means that the interest of an individual may be sacrificed for the greater community happiness
15
Q
What did John Stuart Mill argue about utilitarianism justice?
A
- Actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness
- He focussed on the quality of the happiness
- Justice includes respect for people, property and rights
- Punishment may bring happiness however the punishment was also evil and can only be justified where it brings benefits
16
Q
What is social justice?
A
- This is the ability people have to realise their own potential, everyone must have equal rights regardless of their place in society
17
Q
What does John Rawls argue about social justice?
A
- Rawls argued two basic principles that justice is fairness
- 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 members of society and provided all positions are open to everyone
18
Q
What does Robert Nozick argue about social justice?
A
- He argues the entitlement theory of justice
1. This is the principle of acquisition which is dealing with how property is acquired
2. A principle of justice in transfer such as property changing hands
3. A principle of rectification of injustice which is dealing with injustices arising from the transfer of property under the two principles - If someone gains property according to these principles, they are entitled to it and if not, the third provides a remedy
19
Q
What is procedural justice?
A
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20
Q
What is corrective justice?
A
21
Q
What is substantive justice?
A
