Justice (paper 1) Flashcards
(25 cards)
What is the definition of justice according to the Oxford English Dictionary?
Justice is defined as ‘just conduct fairness.’
What are the two types of justice?
The two types of justice are procedural justice and substantive justice.
What does procedural justice focus on?
Procedural justice looks at how laws are made and how the legal system operates, ensuring both are fair.
What are examples of procedural justice?
Examples include the use of juries, sentencing guidelines, and access to legal aid.
What does substantive justice concern?
Substantive justice is concerned with whether the laws themselves are just.
What is Aristotle’s theory of justice?
Aristotle’s theory posits that a just law enables people to fulfill themselves in society.
What is the principle of corrective justice according to Aristotle?
Corrective justice refers to restoring the victim to their original position.
What is an example of corrective justice?
An example is returning stolen property to the victim.
What is Aquinas’s natural law theory?
Aquinas believed a law is only just if it derives from God, following a ‘higher law’ for justice.
What are examples of higher law according to Aquinas?
Examples include ‘thou shall not kill’ and ‘thou shall not steal.’
What did Bentham develop?
Bentham developed the theory of utilitarianism.
What does utilitarianism state about just laws?
Utilitarianism states that a just law brings the greatest happiness to the greatest number, even at an individual’s expense.
What is an example of a utilitarian approach to justice?
The Child Sex Offenders Disclosure Scheme is an example, as offenders remain on the register for life despite reform.
What is Nozick’s entitlement theory of justice?
Nozick’s theory argues for a minimal state that interferes only to protect individual rights.
What does Nozick reject?
Nozick rejects the redistributive justice theory, arguing criminal law should protect individual rights, not aim for societal happiness.
What is an example of Nozick’s theory in action?
If a defendant steals a victim’s wallet, they should return it, focusing on the victim’s rights.
What is a mandatory life sentence for murder?
A mandatory life sentence means the judge must impose a life sentence on the defendant.
Why is a mandatory life sentence considered just?
It is just because taking a life warrants losing one’s liberty for life, protecting society.
What is a potential issue with a mandatory life sentence?
The sentence can range from 12 years to a whole life order, which may not seem just to victims’ families.
What is the mens rea (MR) for murder?
The MR for murder is intention to kill or cause grievous bodily harm (GBH).
Why might the MR for murder be seen as unjust?
It can be unjust because a defendant may receive a life sentence for intending serious harm, not necessarily death.
What is the actus reus (AR) of murder?
The AR of murder is ‘the unlawful killing of a human being with malice aforethought.’
What does unlawful killing exclude?
Unlawful killing does not include acts of self-defense or necessity.
