The Nature of Law

Question 1

Describe theories of justice.

Answer 1

Natural Law - law should be based on absolute moral rights and wrongs.
-Kant - law should be based on categorical moral imperatives.
-Aquinas - laws should be based on ideas of faith.
-Aristotle - good laws are based on nature.
-Theft, murder, ‘love thy neighbour’ in Donoghue v Stevenson
-Problems in a pluralistic society. Idea that lying would be an absolute wrong when it isn’t.
-Bentham - ‘natural law is nonsense on stilts’
Positivism - laws should be based on making a functioning society.
-Bentham - greatest good for greatest number of people.
-SLOs.
-Problem that it ignores individuals.
Economic - Marx said nothing is just under capitalism.
Veil of Ignorance - Rawls said that everything should be done ignoring class, social standing and wealth.

Question 2

Define justice.

Answer 2

Lord Lloyd - it is impossible to give a definition. Is itself a moral value which everyone wants for a good life.
Lord Taylor - it is what every judge is seeking in every case.
Perelman - 6 possible definitions. based on contribution, according to needs, according to merits, according to rank, according to legal entitlement, to each equally.

Question 3

How does right to a fair trial achieve justice?

Answer 3

Long existed in law.
Upheld through common law.
Enshrined in Art 6 ECHR and HRA.