Nature of Law definitions Flashcards
Who wrote the book on the rule of law?
Bingham
What are the three principles of the rule of law according to Dicey?
Government operating within law; equality; judges making final decisions
What does the rule of law ensure?
Fair legal system ensures accountability, equality, accessibility & impartiality
What is pluralism?
Society appreciating different backgrounds and opinions
What is natural law?
Laws should come from a higher source than man itself
What is positivism?
Following law because it is made by higher authority. Separate from morals.
What sparked the Hart-Devlin debate?
Wolfenden report sparked debate on laws around privacy and sexuality
What was the focus of the Hart-Fuller debate?
Debate focusing on Nazi regime and validity of following their laws
What is multiculturalism?
Society embracing different cultures and backgrounds
What is Durkheim’s theory of consensus?
Consensus about society’s beliefs, which are embedded through shared values in family & education
What does Marxism theory of conflict suggest?
Law promotes some interests over others, which naturally conflict. Also conflict over limited resources in society
Who argued that law controls society through coercion?
Von Jhering
How did Roscoe Pound view law?
As a social engineering tool, to balance interests in society
Is there a single definition of justice?
No single, set, agreed definition. Different types of justice can be identified instead
What is law?
Set of rules which govern society
What are morals?
Our own personal set of rules and values, which differs from person to person
What is distributive justice?
Ideas of justice through allocating society’s resources
What is procedural justice?
Whether the legal system and how it operates is just
What is substantive justice?
Whether the laws themselves are just (criminal, tort, contract)
What is social justice?
Ideas of justice where providing opportunities to everyone is just
What is utilitarianism?
Justice is making choices that benefit more people than it harms
What did Bentham believe about actions?
The more an action increased happiness, the more value it has
How did Aristotle define justice?
Justice is giving to those according to merit & contribution to society
What is corrective justice?
Law correcting an imbalance, e.g. punishments or remedies
