Law + Justice Flashcards
Define law.
- Set of rules created by gov which forms a framework to ensure a peaceful society.
Define justice.
- Concept that can be described simply as a synonym such as fairness, equality, or even-handedness.
Explain the rules of natural justice.
- Contains 2 principles that protect interests from arbitrary decisions.
Explain distributive justice.
- 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.
Explain utilitarianism.
- 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.
Explain social justice.
- 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.
Explain to what extent does civil law achieve justice.
- Lord Woolf: created tracks - court process now easier.
- Created N1 form - easy to start a claim.
- Need not identify area of law.
Explain to what extent does contract law achieve justice.
Procedural Justice:
* Procedures in line with ADR to prevent going to court.
Corrective Justice:
* Law restores imbalance + provides fair remedy.
* Award of damages is loss of bargain - C placed in position he’d be in had contract been performed.
* Victoria Laundry: only losses that are reasonably within contemplation of parties can be recovered.
Substantive Justice:
* Law set up to deal with all factors that arise.
* Unfair Contract Terms Act 1977: restricts use of exclusion clauses for death / personal injury resulting from negligence + other exclusion clauses subject to test of reasonableness.
* Mix of common law + statute.
