Justice - P1

Question 1

What is the relationship between law and morality?

Answer 1

The legal system assumes a degree of morality, as law must be seen as essentially moral to explain the obligation to obey.

Question 2

Define justice.

Answer 2

Justice means fairness, equality, or even-handedness.

Question 3

Who was the first philosopher to extensively discuss the concept of justice?

Answer 3

Plato.

Question 4

What did Plato believe justice was?

Answer 4

Harmony between different sectors or classes in society.

Question 5

Which philosopher stressed the need for proportionality in justice?

Answer 5

Aristotle.

Question 6

What are the three dominant theories of justice?

Answer 6

• Distributive justice
• Utilitarianism
• Social justice

Question 7

What does distributive justice concern?

Answer 7

The fair allocation of benefits and responsibilities.

Question 8

What is the focus of utilitarianism?

Answer 8

Maximization of happiness.

Question 9

What is the aim of social justice?

Answer 9

Equal justice across all aspects of society.

Question 10

Who defined justice in relation to individuals and the State?

Answer 10

Aristotle.

Question 11

What did St Thomas Aquinas contribute to the understanding of justice?

Answer 11

Justice governs our relationships and is the willingness to treat others as they deserve.

Question 12

How does Karl Marx define distributive justice?

Answer 12

‘From each according to his ability, to each according to his need.’

Question 13

Who developed the theory of utilitarianism?

Answer 13

Jeremy Bentham.

Question 14

Fill in the blank: Justice is a concept we are taught from a very young age and is synonymous with _______.

Answer 14

[fairness]

Question 15

True or False: Aristotle believed in achieving a balance between extremes in society.

Answer 15

True.

Question 16

What does distributive justice entail according to Aristotle?

Answer 16

Fair allocation of goods and responsibilities based on merit, rank, and need.

Question 17

What is the significant belief of Karl Marx regarding labor and needs?

Answer 17

Everyone should work to maximize their contribution and receive according to need.

Question 18

What is the primary focus of the law according to the text?

Answer 18

The outcome of an act, specifically maximum happiness as the outcome of justice.

Question 19

Who is a more famous supporter of Bentham mentioned in the text?

Answer 19

John Stuart Mill.

Question 20

What does justice include according to J S Mill?

Answer 20

Respect for people, property, rights, good faith, and impartiality.

Question 21

How does punishing wrongdoers relate to happiness?

Answer 21

It brings happiness to the greatest number but is considered an evil as it inflicts harm and pain.

Question 22

What is social justice?

Answer 22

The ability of people to realize their potential in society, concerned with equal rights and opportunities.

Question 23

What year did the Department of Work and Pensions publish a paper on social justice?

Answer 23

2012.

Question 24

According to John Rawls, what should be unknown in a just society?

Answer 24

One’s place in society, class position, social status, or fortune in the distribution of natural assets and abilities.

Question 25

What are the two basic principles evident from a society based on Rawls' theory?

Answer 25

* Everyone would have equal rights and freedoms * Social and economic equalities may exist only to benefit the least advantaged.

Question 26

What are the three aspects of justice mentioned in the text?

Answer 26

* Procedural justice * Corrective justice (restorative justice) * Substantive justice.

Question 27

What does procedural justice refer to?

Answer 27

The mechanisms through which justice is dispensed.

Question 28

What is corrective justice also known as?

Answer 28

Restorative justice.

Question 29

What does substantive justice pertain to?

Answer 29

The content of the law itself, such as crime, tort, and contract law.

Question 30

How does legal aid support the achievement of justice?

Answer 30

It ensures everyone has the right to access justice and receive a fair hearing.

Question 31

What role does the duty solicitor play in criminal law?

Answer 31

Ensures basic legal provision to all regardless of personal means to pay.

Question 32

What must be considered for further assistance in legal aid after being charged with a crime?

Answer 32

Eligibility becomes means tested and must be in the interests of justice.

Question 33

What do criminal sanctions aim to achieve?

Answer 33

* Redress an imbalance * Punish or deter others * Rehabilitation.

Question 34

True or False: The text states that punishment is justified even if it does not bring greater benefit.

Answer 34

False.

Question 35

What are aggravating and mitigating factors in sentencing?

Answer 35

Factors that strive to create a balance and restore the concept of fairness.

Question 36

What is the role of an independent forum in the justice system?

Answer 36

To resolve disputes fairly.

Question 37

What is the significance of the ELS court system?

Answer 37

It has numerous tiers from the Magistrates' Court to the Supreme Court, ensuring fair trials.

Question 38

What does the Bail Act 1976 presumes?

Answer 38

Presumption of bail for those charged but not yet convicted.

Question 39

What does the availability of conditions attached to bail indicate?

Answer 39

The need for fairness in balancing individual rights against societal safety.

Question 40

What protections does PACE provide?

Answer 40

Protections for those in custody similar to 'innocent until proven guilty' logic.

Question 41

What is the role of the Criminal Cases Review Commission (CCRC)?

Answer 41

To review cases of potentially wrongful convictions or unfair sentences.

Question 42

What does the CCRC not consider in its reviews?

Answer 42

Guilt or innocence.

Question 43

What are the two main principles of natural justice?

Answer 43

* Impartiality * Opportunity to present one's case

Question 44

What was the case of Augusto Pinochet significant for?

Answer 44

It highlighted the necessity for judges to be impartial and free from personal interest.

Question 45

What issue arises from the provision of state-funded legal aid?

Answer 45

Many criminal firms no longer offer legal aid services due to low government rates.

Question 46

What was the average salary for a legal aid lawyer in 2013?

Answer 46

£25K.

Question 47

What does the European Convention of Human Rights enshrine?

Answer 47

The right to a fair trial.

Question 48

What question is raised regarding access to justice?

Answer 48

To what extent is access effective for those who cannot afford legal representation?

Question 49

What happened in the case of Derek Bentley?

Answer 49

He was hanged in 1953, received a posthumous pardon 40 years later, and his conviction was overturned in 1998.

Question 50

What is strict liability in criminal law?

Answer 50

The concept that a person can be convicted of a crime without any guilty mind.

Question 51

True or False: The application of justice must not only be fair but also seen to be fair.

Answer 51

True.