Law And Justice

Question 1

Define justice

Answer 1

Quality of being just (Oxford dictionary), aligned with ideas of fairness/morality

Question 2

What is justice depicted through in the English system

Answer 2

Lady justice- promotes equality before the law

Question 3

What other contexts is justice also refereed to in

Answer 3

• royal courts of justice
• justice of the peace

Question 4

What are the 2 things Aristotle splits justice into

Answer 4

Distributive and corrective justice

Question 5

Explain distributive justice

Answer 5

It’s essential to how societies recources are distributed

Question 6

Explain corrective justice

Answer 6

Focuses on a distributed equilibrium and how it is corrected or balanced, can be seen in sentencing and the award of damages

Question 7

Explain damages with its links to corrective justice and use a case

Answer 7

Damages under the law of contract aim to put the C in the position they would have been in if the contract had been performed, to correct any losses caused by the D (Hadley v baxendale)

Question 8

Explain utilitarianism

Answer 8

Focuses on the maxim (the greater good for the greater number)/the maximisation of total welfare
Says pleasure/happiness are intrinsically valuable, pain/suffering are intrinsically un-valuable

Question 9

Who was the theory of utilitarianism developed by

Answer 9

Bentham and mill

Question 10

What case was utilitarianism seen in

Answer 10

R v brown- defence of consent was denied in relation to Sado-masochistic activity as it offended the majority of the population, rights of population were respected rather than allowing the smaller number to engage in fully consensual activity

Question 11

Explain substantive justice/natural law

Answer 11

Whether the law is just, natural theorists- Thomas Aquinas says there are higher principles by which we should judge the law

Question 12

Why does a good Christian obey laws

Answer 12

Without laws, society wouldn’t be possible

Question 13

When should laws be rejected

Answer 13

If the laws contradict/directly oppose the laws of a higher standard (an unjust law is no law at all)

Question 14

Where does the foundation of these higher standards come from

Answer 14

The bible- 10 commandments

Question 15

Explain murder in relation to substantive justice

Answer 15

Murder as seen in r v Gibbins and proctor highlights the concept of thou shall not kill

Question 16

Explain theft in relation to substantive justice

Answer 16

Theft as contained in the theft act 1968 highlights the concept of thou shall not steal

Question 17

Name 2 cases for substantive justice/natural law

Answer 17

R v Dudley
Donoghue v Stephenson

Question 18

Whats the problem with substantive justice

Answer 18

It’s very hard to define what the principles are