Concept Essays (Paper 1)

Question 1

Two key concepts

Answer 1

Justice and fault

Question 2

OED definition of justice

Answer 2

Just conduct, fairness

Question 3

Two types of justice

Answer 3

Procedural and substantive

Question 4

Procedural justice asks

Answer 4

How fair the legal system (procedures) are

Question 5

Substantive justice refers to

Answer 5

How fair the laws themselves are, such as the law on murder

Question 6

Came up with the theory of corrective justice

Answer 6

Aristotle

Question 7

Corrective justice theory

Answer 7

There should be a means of restoring the original position where justice is disturbed by a wrongdoing

Question 8

Theory developed by Aquinas

Answer 8

Natural law theory

Question 9

Natural law theory

Answer 9

Higher natural law derived from God should be followed to achieve justice

Question 10

A law contrary to Gods law should only be followed in order to avoid

Answer 10

Social disorder

Question 11

Developed the utilitarianism theory

Answer 11

Jeremy Bentham

Question 12

Utilitarianism theory

Answer 12

A law is a just law if it benefits the majority of people, even if this results in injustice for the minority

Question 13

Theory developed by Nozick

Answer 13

Minimal state theory

Question 14

Minimal state theory

Answer 14

State interference should be kept to a minimum, should only interfere to protect natural, or human, rights

Question 15

OED definition of fault

Answer 15

Something wrongly done, mistake, culpability

Question 16

Fault is a legal and moral term, used to describe what

Answer 16

A person’s culpability or blameworthiness

Question 17

Burden of proof in criminal law

Answer 17

Beyond reasonable doubt

Question 18

Meaning of the notion of individual responsibility

Answer 18

Those who choose to behave in the way they do are responsible for the consequences