Concept Essays

Question 1

What is the definition of justice?

Answer 1

Oxford English Dictionary defines justice as “just conduct; fairness”

Question 2

What are the two types of justice?

Answer 2

Procedural Justice and Substantive Justice

Question 3

What is procedural justice? Give an example

Answer 3

How the legal system works and making it fair.
Example- legal aid allows people to have access to help.

Question 4

What is substantive justice? Give an example

Answer 4

The law themselves and the rules being fair.
Example- the law on murder is fair

Question 5

What are the four theories of justice?

Answer 5

Corrective justice
Natural law theory
Utilitarianism
Entitlement theory of justice

Question 6

What is corrective justice?

Answer 6

When justice is disturbed by a wrongdoing, there should be a way of restoring the original position

Question 7

What is Natural law theory?

Answer 7

That there is a “higher” natural law, derived from god and if this law is followed there will be justice.

Question 8

What is the Utilitarianism theory?

Answer 8

If the law benefits the majority of people, even if a minority is affected it is just.

Question 9

What is the entitlement theory of justice?

Answer 9

That individuals have the natural right to enjoy life, health and liberty free from the interference of others.

Question 10

What is the definition of Fault?
(There are two)

Answer 10

Fault is used to describe the idea of culpability or blameworthiness.
Oxford English Dictionary- “something wrongly done, mistake or culpability”.

Question 11

Is the UK legal system based on fault? If so why?

Answer 11

Yes, as in both criminal and civil law there is a standard of the burden of proof, in order to correctly put the blame on someone.

Question 12

What is the burden of proof in criminal law?

Answer 12

Beyond a reasonable doubt that the D is guilty.

Question 13

What is the burden of proof in civil law?

Answer 13

Balance of probability, 51/49 ect.

Question 14

Fault is a ________ of blame

Answer 14

Marker

Question 15

Explain fault being a marker of blame.

Answer 15

Marking the blame on somebody gives them responsibilities and therefore justifies the punishment given to them.

Question 16

Give examples of Fault being a marker of blame.

Answer 16

Criminal- imprisonment/ loss of freedom
Civil- compensation
The punishments display the blame being put on the D.

Question 17

What are some examples of fault in criminal law?

Answer 17

Higher sentences depending on the crime- s18 Gbh= up to life (more than s20) as you are more at fault as your intentions are higher.

Question 18

What are some examples of fault in civil law?

Answer 18

Negligence stage 2- marker of blame when discussing characteristics, if you are experienced in something you are judged by a higher standard and therefore are more at fault.

Question 19

Why is harm important?

Answer 19

Harm justifies punishments and can be crucial when dealing with more serious offences.

Question 20

What are the different areas of offences that harm covers?

Answer 20

Self harm- euthanasia
Society- hate speeches
Physical/ mental harm
Property

Question 21

Explain Autonomy?

Answer 21

Autonomy means freedom, and in the case of Mill, it says society should only intervene with someone’s freedom if that person is causing harm to others.

Question 22

Explain Individual Responsibility?

Answer 22

A person can choose the way they act, and can cause the events of their own actions therefore it is fair to hold them responsible for their actions.

Question 23

What is Fair Labelling?

Answer 23

Where the name of the offence is clear enough that it matches the crime exactly causing no confusion.

Question 24

What is correspondence?

Answer 24

Where the Actus Reus and men’s rea of a crime match with eachother.

Question 25

What is Maximum Certainty?

Answer 25

The law should be clear so a person is aware of what is legal and illegal.

Question 26

What is No Retrospective Liability?

Answer 26

Where the law should only apply to future conducts not ones in the past when the law didn’t exist.