nature of law Flashcards

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1
Q

define justice

A

allocating each to their own. this means individuals get what the deserve. it can also be viewed as treating people fairly in society.

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2
Q

procedural justice

A

rules public sectors must follow > procedures used by public services must be fair.

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3
Q

substantive justice

A

laws that must be followed or proven in court. laws themselves must be fair.

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4
Q

what did Aristotle say about justice

A

stressed need for balance between extremes. wealth should be given based on contribution to society. get what you deserve.

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5
Q

what did jeremy bentham say about justice

A

utilitarian > maximising happiness is the object of justice. the more an action increases happiness, the more valuable.

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6
Q

what did john rawls say about justice

A

described justice as fairness.
each person have equal rights that can’t be taken away.

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7
Q

fault

A

ordinary person in society would see what D has done wrong. punishment for act, blameworthy for act, marker of blame to deter criminals. fault in mind - mens rea

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