theories of justice Flashcards
substantive justice
Refers to the idea of achieving fairness in the actual outcome of legal processes and ensuring and making sure law promotes equal results for individuals. Emphasizes impact of laws rather then the procedural aspect.. providing individuals with what is due to them based on morals and ethics. Fixing societies inequalities
Evaluates whether the outcomes align with principles of fairness and equality.
- Aims to create a legal system where laws promote fairness in their application and consequences
- Concept is similar to social justice advocates for laws that adress inequalities for society.
- Different to procedural justice ,which is concerned with how laws applied.
- Substantive justice can influence legislative reform aimed at improving access to justice for groups who might be disadvantaged.
- Critics of substantive justice argue that focusing To heavily on outcomes can lead to inconsistent application of laws.
distriputive justice
- justice is described as fairness and equality.
- fair allocation of benefits and responsibilities
fair allcations of benefits - money
- people working more hours but getting payed the same
-distributive justice refers to fairness in the way things are distributed, caring more about how it is decided who gets what. Rather than what is actually distributed.
-justice that is concerned with the distribution of goods, duties and privileges in concert with this merits of individuals and the best interest of society.
-fairnedd of outcome employees recieve.
- outcomes can be allocated in many ways. For example we could distribute money equally amongst employees.
Or we could base money on which employee needs the money the most.
Airstotle- he identified particular examples of justice.
- a just state will distribute its wealth on the basis of merit. Each is given regarding their contribution to society. -worthiest rather then the neediest. - to allocate resources based on people’s needs would be unjust - as it would reward the lazy as much as the hard-working
Thomas Aquinas - distributive justice concerns the fair allocation of goods and responsibilities. Governed by the principle of due proportion
- people receive due to their merit. - how much they work, if they are well behaved or not.
- would be wrong to pay workers an equal amount for unequal work. He bases this on the doctrine of natural law.
Karl Marx - founder of communism. Developed a different idea of distributive justice. - each will revive according to their needs, regardless of the personal contributions they have made. - Aristotle would regard this as unjust as it could potential give the greater reqard to the laziest.
utilitaraian justice
- keeping society happy
- maximising hapiness for the
- giving pleasure to the greater number of people,
social justice
- not only in courts also in society.