Law & Justice^ Flashcards
Justice
Harmony between the different sectors and classes in society
People receive what they deserve
A common good for the individual and society
The law recognises different types of justice
Aristotle
Distributive Justice
There should be proportionality when enforcing laws
A just state will distribute wealth on the basis of merit
Resourses distributed to favor those that worked the hardest and contributed most to society, not the ones that needed it the most
Karl Marx
Distributive Justice
different model from Aristotle
focus on ability and need when distributing wealth
Each will receive according to their need and each will contribute to society according to their abilities
Criticised existing economic systems
Argued that capitalist distribution creates artificial hierarchies
Utilitarianism
Laws are just if they maximize happiness of majority
May sacrifice individual happiness
Jeremy Bentham
Utilitarianism
The happiness of a larger community can outweigh the pain of the individual
John Stuart Mill
Utilitarianism
Justice is whatver creates the greatest amount of happiness is the just outcome
Harm Principle: ind liberty should be respected as long as it doesn’t cause harm
Proposed ethical decisions should
- Consider the long term consequences of actions
- Evaluate the quality of happiness, not just quantity
- Take into account the well-being of all affected parties
Social Justice
People have equal rights and opportunities regardless whether they are rich or poor
John Rawls
Describes justice as fairness
The Veil of Ignorance - hypothetical society where resources were distributed by people who were unaware of their position in society and were not biased
Advocated for redistributive policies to ensure social and economic equality
Supported progressive taxation and social welfare programs
Believed justice requires active state intervention to redistribute resources
Formal Procedural Justice
If decisions are made using the correct process than the outcome will be just
If everyone is able to use the courts then decisions are made in the correct way
No realistic as people don’t have the same access to courts (money)
Formal Procedural Justice & Criminal Law
Right to a fair and public trial
Presumption of innocence
Protection against self-incrimination
Right to legal representation
Jury of peers
Formal Procedural Justice & Tort Law
Access to civil courts available to everyone
Legal Aid
ADR
Impartial judges
Formal Procedural Justice & Contract Law
Clear offer and acceptance
Mutual consideration
Intent to create legal relations
Absence of duress or fraud
Impartial judges
Unfair contract terms applied the same to all
Corrective Justice
Getting the correct punishment to match the crime
Consider aggravating and mitigating factors
Civil Law: situation is correct as V is compensated
Restorative Justice
Restoring offenders to positions where they can be reintegrated into society
Allows D to reflect on actions and learn/decide not to reoffend
How does the law achieve justice?
Fair trial – innocent until proven guilty
Trial by jury
Law is accessible – all understand what the law is and access the benefits of the legal system
Equality before the law – rule of law, all treated fairly
Murder - mandatory life sentence
Nozick
His theory of justice centres on the concept of ind property rights and voluntary transactions
Initial Acquisition – how people first come to own proporty or resources
Transfer – how property can be legitimately transferred between ind
Rectification – how to address historical injustices in property ownership
Redistributive taxation is a violation of ind rights
- Believed ind have an absolute right to the fruits of their labour
