Justice, Law and Punishment Flashcards
What is Horner ans Westacott’s definition of justice?
‘justice is fairness, equal opportunities for all to make something of their lives
what does Plato say about justice?
justice is the way to the happiest life, all elements of society should work together for the health of the whole and justice is the expression of that health. in a natural state everyone is concerned with self interest and the strong impose their notions of justice on the weak. if there is only self interest society breaks down, so it must create a sense of order and justice to curb it so citizens can live in harmony. it does this through reason since people use rationality to control selfish desires and choose to obey laws as a matter of social acceptance.
justice is an objective knowable reality on which the concept of law rests.
what does Augustine say equality is?
‘equality must be something other than treating everyone in the same way, since everyone is different’
what are the 4 notions of equality?
fundamental equality - all citizens are treated as equals by the legal system
social equality - citizens have the right to vote
equal treatments for equals - people of the same group are treated the same way
treating people unequally in special circumstances - someone in a different situation is unequal and may need special treatment. treating people equally does not always mean treating them the same
why is justice difficult and hard to achieve? give an example
because life is full of inequalities
the system is unfair and limit’s people’s freedom by helping those born with advantages
those born into rich families tend to get better educations
What does Hume say about justice?
that we could never achieve a justice system based on what people deserve, since it is impossible to agree.
nor could there be a justice of equality since people are unequal in what they have. by accident of birth or genetics some a rich, poor, less attractive, people by nature are unequal and some will prosper more than others
how does Marx argue a greater level of justice could be achieved?
a greater level of equality could be achieved if the state attempted to balance inequalities. e.g. by taxing the wealthy more heavily and using money to provide better educational facilities for the poor
this may be ethically justified on the grounds that although higher taxation limits freedom to spend money as they choose it does not remove that completely.
redistributive taxation allows the government to interfere in what people do within reasonable limits, this contributes to overall equality
the top 1% have the same amount of money as ….% of the country
55%
what does Colson say about justice and authority?
the law gains moral authority by reflecting the moral traditions of that society and by encompassing and objective standard of justice applicable to all of humanity
the ultimate authority is God ‘for justice is impossible without transcendent authority’
For the utilitarian why is distributive justice the best form?
because it should ensure the greatest good for the greatest number. they would see the measurable good as a better criterion for deciding who should get what than the view of human nature put forward by natural law which cannot be proved and could lead to great useless suffering for example if it leads to a view that human life must be preserved whatever the financial implications.
what do Horner and Westacott say about who rules?
‘it is the strongest who rule. Whatever anyone says, it is the ability to use force that compels obedience.’
why is authority necessary to ensure justice?
there can be no justice without authority and justice has no meaning if the state cannot ensure laws are accepted and followed by its citizens. the state must have power to ensure citizen obey the law, sometimes by force but more commonly and effectively by the state convincing people that under its rule, greater freedom and peace will be available
what is the social contract?
where people agree to obey the state and have limited personal freedom so that the state promises protection, security and to work from the common good
Who says that under the social contract people surrender some of their individual rights to society, but nobody, not even the ruler is above the law. the state has authority because they have the support of the majority so it becomes their duty to uphold individuals rights and freedoms
Locke
What does Rousseau say about the social contract?
that under the general contract people give up some of their natural freedoms in order to establish civil liberty
what does Mill say about the social contract?
under the social contract it is important to protect the rights of minority groups. the majority should only interfere with a minority group if it undertakes activities that are harmful to the interests of the majority - the harm principle
rights and duties are…
things people ought to do and ought to expect because people make choices and interact which makes them moral agents
