Law + Justice

Question 1

Define law.

Answer 1

Set of rules created by gov which forms a framework to ensure a peaceful society.

Question 2

Define justice.

Answer 2

Concept that can be described simply as a synonym such as fairness, equality, or even-handedness.

Question 3

Define the rules of natural justice.

Answer 3

Contains 2 principles that protect interests from arbitrary decisions.

Question 4

Explain distributive justice.

Answer 4

• Concerned with fair allocation of benefits (e.g. money) + responsibilities (e.g. taxes).
• Aristotle: just state will distribute its wealth on basis of merit, giving to each according to his ‘virtue’ + contribution to society.

Question 5

Explain utilitarianism.

Answer 5

• Maximising happiness is object of justice.
• Jeremy Bentham: more an action increases overall happiness, more valuable it is, + the more it decreases happiness, more reprehensible.

Question 6

Explain social justice.

Answer 6

• Concerned with equal justice, not just in court, but in all aspects of society.
• John Rawls: described justice as fairness + argued 2 principles would be evident within society.

Question 7

To what extent does criminal law achieve justice?

Answer 7

Procedural Justice:
* Legal aid availability - everyone has right to access justice, receive fair hearing + understand legal rights + obligations.
Corrective Justice:
* Law restores imbalance + provides fair remedy.
* Trial by jury enables jury members to use their view of justice rather than adhere strictly to rules of law.
Substantive Justice:
* Principle of proportionality generally governs sentencing practice of judges + magistrates - more serious offence, harsher section imposed.
* Those convicted of murder - subject to mandatory life.