nature of law Flashcards
define justice
allocating each to their own. this means individuals get what the deserve. it can also be viewed as treating people fairly in society.
procedural justice
rules public sectors must follow > procedures used by public services must be fair.
substantive justice
laws that must be followed or proven in court. laws themselves must be fair.
what did Aristotle say about justice
stressed need for balance between extremes. wealth should be given based on contribution to society. get what you deserve.
what did jeremy bentham say about justice
utilitarian > maximising happiness is the object of justice. the more an action increases happiness, the more valuable.
what did john rawls say about justice
described justice as fairness.
each person have equal rights that can’t be taken away.
fault
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