Theories of Justice

Question 1

What is Justice?

Answer 1

The idea that the law is fair in how it seeks to punish wrongs and protect rights. (comes from: A Theory Of Justice 1971).

Question 2

A Theory Of Justice (1971)

Answer 2

1. The social contract: social cooperation relies on a contract which people have made themselves. Principles of justice to be viewed as a binding contract.
2. Greatest equal Liberty: Basic freedoms like speech.
3. Difference principle: Social and economic inequalities are fair and just, only if they work for benefit of least advantaged in society.

Question 3

Aristotle’s Theory of Justice

Answer 3

Justice is about distribution and proportionality.

Question 4

Procedural Justice

Answer 4

Puts systems in place in an attempt to ensure justice.
- Everyone entitled to put case in court.
- Financial assistance for accessing lawyers/courts.
- Ensure material in court is reliable.
- Right to trial by jury.
- Judges, magistrates and juries must not be biased.
- Right to a second opinion (corrective justice).

Question 5

Substantive Justice

Answer 5

Achieved by application of legal rules themselves.
- Defences to justify actions of the defendant, and partial defences to murder.

• Sentencing should be treated consistently with level of fault.

Question 6

Failed Justice: Rules

Answer 6

Mandatory life term for murder allows no judicial flexibility.

R v Canning 2002 - Trial judge described his sentence as a ‘classic example of injustice.’

Question 7

Miscarriages of Justice

Answer 7

Timothy Evans: Wrongly accused of murdering his wife and daughter, he was executed for it.