Justice Flashcards
(13 cards)
How is justice defined?
“a moral ideal that the law seeks to uphold in the protection of rights and the punishment of wrongs”
Which theorist stated that justice was based on a person’s subjective values?
Perelman in his book ‘De la Justice’
Which type of offences are viewed as unjust?
Strict liability
Give an example of a case where the outcome was deemed to be unjust?
Re A - the court allowed the separation of conjoined twins with the knowledge that the weaker twin would die
What is distributive justice?
It is concerned with the fair allocation of benefits and responsibility in life
What did Aristotle believe in relation to justice?
He supported distributive justice and believed in the ideal of achieving proportion according to each person’s individual claim
Give two examples of distributive justice in the legal system
1) sentencing proportionate to fault - for example the difference in sentencing between s20 and s18 OAPA
2) enforcing fines in accordance with earnings
Which theorists developed utilitarianism?
Jeremy Bentham and John Stuart Mill
What is the concept of utilitarianism?
The idea that a person’s actions should result in maximum happiness
Give an example of utilitarianism in law
Sarah’s Law enables parents and carers to ask the police if someone has a criminal record for child sexual offences
What are the two types of justice within the law?
Substantial and procedural
Give an example of procedural justice
The jury system ensures a defendant’s right to a fair trial and tries to maintain objectivity
Give an example of substantive justice
The availability of defences to negate or reduce a defendant’s culpability - e.g. self defence can fully exonerate a defendant
