Law And Justice

Question 1

Types of justice

Answer 1

Distributive
Procedural
Substantive
Corrective
Social

Question 2

What is distributive justice

Answer 2

Fair allocation of resources

Question 3

What is social justice

Answer 3

Equal in courts

Question 4

Procedural

Answer 4

Fair process

Question 5

Substantive

Answer 5

Fairness of law it’s self

Question 6

Corrective

Answer 6

Sentencing and remedies

Question 7

Distributive justice philosophers

Answer 7

Aristotle
Aquilanas
Marx
Perelman

Question 8

Aristotle view of distributive justice

Answer 8

Distribute wealth on basis of virtue and contribution to society

Where the worthiest not the neediest receive the greatest share

Question 9

Aristotle view in society

Answer 9

Does not achieve justice as welfare state provides for the neediest at disadvantage to the worthiest

Tax is also increased for wealthy

Question 10

Aquinas view

Answer 10

Fair allocation of resources

People receive what they are due in accordance to merit rank and needs

Question 11

Aquinas example

Answer 11

Equality act 2010 ensure fair pay for work

Question 12

Side of argument

Answer 12

Not justice

Question 13

Marx

Answer 13

Wealth should be spread to the many

Question 14

Marx

Answer 14

Justice is served under Marx
Communist
Welfare state, increased tax, insurance in VL

Question 15

Mill and Bentham

Answer 15

Greatest good for greatest number

Tax ensures greatest good - however at point of harming few as rich taxed more - not just

Question 16

Nozick

Answer 16

Entitlement theory
Anyone who has acquired what he has through effort is entitled to keep it

Justice is not served
Tax is unfair, looking for isnrace is unfair

Question 17

Mill and Bentham for procedural

Answer 17

Legal aid creates greatest good for greatest number

However still not achieve justice as 42% gov cuts and limited availability

Question 18

Rawls

Answer 18

Justice is fair

Question 19

Rawls example

Answer 19

Article 6 right to fair trial

However prejudice in courts by jury and mags does not create fair process

Question 20

Procedural justice - law making

Answer 20

Not just and despite mp elected
Must go through have of lords which is not justice

Question 21

Procedural justice in criminal law

Answer 21

Juries can bring lay man equity

However R V young and ouji board shows that unfairness for some as well as R V west media

Question 22

Example of where procedural justice is not achieved

Answer 22

Miscarriage of justice

Post office scandal

Question 23

Substantive justice

Answer 23

Fairness of law it’s slef

Question 24

How is substantive justice achieved

Answer 24

Precedence - consistency

Judicial review - MARX - just as can be question

Question 25

What did Marx see as just

Answer 25

Being about to question law Judicial review However not justice as expensive and further shows issue of distributive justice

Question 26

Corrective justice

Answer 26

Sentencing act 2020 - range of sentences However sentencing for OAPA 47v20 needs reform and both 5 years so not justice for V or D