#LM- Law and Justice Flashcards
justice definition
when the law tries to achieve fairness
what is distributive justice
fair allocation of resources
Aristotle and Marx
what is utilatrianism
most actions are just when they have utility to society
bentham v mill
what is social justice
creating equal opportunities
noziak
what are the two types of justice
procedural
substantative
what is procedural justice
legal process and institutions
what is substantive justice
application of rules
what is corrective justice
sentences and remedies
how can the law be seen to show procedural justice
fair trial evidence rules trials by peers objective professionals appeals and legal aid
how can the law be seen to not show procedural justice
cuts
jury equity
miscarriages of justice
how is does the law show corrective justice
factors of sentencing
reflects fault
contributory negligence
how does the law not show corrective justice
remoteness of damage
mandatory
non fatals
how does crime show substantive justice
defences
joint enterprise
how does crime not show substantive justice
duress
malice aforethought
how does tort show substantive justice
FJR and duty of care
OLA
Rylands