Society, morality and justice Flashcards
Lesson 16
What is the simple definition of multi-culturalism?
A society where no one single culture dominates.
What three key roles did Bingham identify for law in society? (PES)
1) Protect-people from harm
2) Ensure-a common good
3) Settle-arguments and disputes
(PES)
What is the pneumonic for the 3 key roles Bingham identified for law in society?
Protect
Ensure
Settle
What does the pneumonic PES refer to?
Lord Bingham’s 3 key roles for law in society.
What are the fundamental rights protected by the ECHR (European Convention on Human Rights)? (10)
The right to:
- Life
- not to be subject to Torture
- not to be Enslaved
- Liberty
- a Fair trial
- respect for one’s Privacy
- freedom of Thought
- freedom of Expression
- freedom of Assembly
- to Marry
What principle does the case of R v Clarke (2017) support and what are the brief facts?
Principle: that the context and circumstances of a case will affect sentencing.
Facts: Senior D’s were charged for historical abuse but sentenced according to their age.
What case supports the principle that the context and circumstances of a case will affect sentencing?
R v Clarke (2017)
What principle does the case of R v Lyons (2011) support and what are the brief facts?
Principle: that individual beliefs are not a defence against the law.
Facts: Medical soldier refused weapons training as part of pre-deployment-appeal dismissed.
What are the three distinct categories of justice?
A) Procedural
B) Corrective
C) Substantive
What is procedural justice?
Concerns the degree to which decisions are made according to ‘fair’ process.
What is corrective justice?
Concerns sanctions and damages
What is substantive justice?
Requires that law must itself be just and reflect society’s needs and also adapt with changing collective morals.
What case supports the principle that personal beliefs are not a defence against the law?
R v Lyons (2011)
