Nature of Law

Question 1

What do Bentham and John Stuart Mill (Utilitarians) believe in law and justice?

Answer 1

Justice results in happiness for the largest group of people

Question 2

2 examples of corrective justice in law (1 criminal and 1 civil)

Answer 2

Criminal = sentencing
Civil = damages

Question 3

What does Aquinas believe in distributive justice?

Answer 3

Allocation based in merit, rank and need

Question 4

What is the difference between procedural and substantive justice?

Answer 4

Procedural justice is the process that cases go through whereas substantive justice looks as the law the case is based in

Question 5

What is pularlism?

Answer 5

Multiple societies in a single country

Question 6

What are the 4 primary roles in society for law?

Answer 6

Protection from harm (Sentencing)
For common good (Bentham)
Settle disputes (Courts/laws)
Encourage people to do the right thing (sentencing)

Question 7

What is legal realism?

Answer 7

How law is practiced in reality instead of how it’s presented in statues

Question 8

What are the 3 reasons rules are obeyed (Law and morality)?

Answer 8

Carry a sense of moral obligation
Rule is reasonable and relevant
A penalty can be imposed if broken

Question 9

What is legal positivism?

Answer 9

Law comes from legislative authority and must be obeyed even if it conflicts with morality

Question 10

What is natural law?

Answer 10

Law should be used to enforce morals and coincide with them. Can disregard law if it conflicts with our morality