Law and Justice Flashcards
What is the Oxford English Dictionary definition of justice?
The Oxford English Dictionary defines justice as just conduct; fairness.
What are the two types of justice?
There are two types of justice procedural and substantive justice.
What is procedural justice?
Procedural justice refers to how fair/ just the legal procedures are.
What is substantive justice?
Substantive justice refers to how just the laws themselves?
What is Aristotle’s theory of corrective justice?
Aristotle’s theory of corrective justice states where justice is disturbed by a wrongdoing there should be a means of restoring the original position.
What is Aquinas’ natural law theory?
Aquinas’ natural law theory suggests there is a higher law given by God. To achieve justice Gods law must be followed. Other laws (made by Parliament) should only be followed to avoid social disorder.
What is utilitarianism?
Utilitarianism states a just law is one which creates the greatest amount of happiness for the greatest number of people- even if a minority suffer an injustice.
What is Nozick’s theory of the minimal state?
Nozick introduced the theory of the minimal state meaning the state should only interfere if the person is interfering with another’s personal rights and freedoms.
