Law and Justice

Question 1

What is justice?

Answer 1

The quality of being just and treating people fairly in the legal system.

Question 2

What did Bentham say justice was?

Answer 2

What makes an action wrong or right is usefulness or value of consequence.

Question 3

What did Mill say justice was?

Answer 3

Justice includes respect for people property and rights.

Question 4

What did Wright say?

Answer 4

‘What appears just in particular case is what is just to the just man in the same way as what is reasonable to the reasonable man’

Question 5

Procedural justice includes

Answer 5

Access to law
Equality before law
Natural justice

Question 6

Procedural justice

Answer 6

Presumption that all are equal before the law, regardless of wealth, position or power and all subject to the same process.

Question 7

Substantive justice

Answer 7

Concerned with outcomes, how legal system produces credible and sound results.

Question 8

Substantive justice includes

Answer 8

Legal aid
Trials
Rules of evidence
Appeals
Miscarriage of justice

Question 9

Legal aid case

Answer 9

LAPSO

Question 10

Trials case

Answer 10

Ponting

Question 11

Rules of evidence

Answer 11

Black

Question 12

Miscarriages of justice

Answer 12

Birmingham six
Guildford four

Question 13

Perelman

Answer 13

Justice can not be studied logically based on person’s subjective values.

Question 14

Aristotle Distributive justice

Answer 14

A just state will distribute its wealth on the basis of merit, giving to each according to virtue and contribution to society.

Question 15

Aristotle example

Answer 15

Care for elderly
Social security benefits

Question 16

Aquinas

Answer 16

Fair allocation of goods and services throughout society.
Receive due in accordance with merit, rank and need.

Question 17

Marx

Answer 17

Each receives according to their need.

Question 18

Aquinas example

Answer 18

Wrong to pay workers equal pay for unequal work.

Question 19

Marx example

Answer 19

State provides welfare system
Free hospital treatment

Question 20

Aristotle evaluation

Answer 20

Equality isn’t fully met
Pension some people aren’t able to work for the same amount of years.
A woman who has children will stop work, less pension.

Question 21

Marx evaluation

Answer 21

No incentive to achieve more.
How can state afford all the welfare.
No more private property ownership.

Question 22

Corrective justice meaning

Answer 22

Idea that liability rectifies the injustice inflicted.

Question 23

Corrective justice Aristotle

Answer 23

Discover the damage and restore the balance.

Question 24

Corrective justice Aristotle example

Answer 24

Sentencing
Damages
Freedom of expression

Question 25

Corrective justice Example

Answer 25

AR and MR S20 and S18 OAPA

Question 26

Criminal sentence

Answer 26

Punishment for a crime ordered by a trial court after conviction.

Question 27

Criminal sentence examples

Answer 27

Mandatory life sentence, extended sentence

Question 28

Criminal sentence examples Cases

Answer 28

Sutcliffe Calacone

Question 29

Civil remedies

Answer 29

Remedy a party has to pay to the victim of a wrong he commits.

Question 30

Civil remedies example

Answer 30

Compensation Injunction

Question 31

Civil remedies example case

Answer 31

Donoghue Tomlinson

Question 32

Evaluation of corrective justice

Answer 32

Limit power of judges to make just sentences. Mandatory life unlawful charges

Question 33

Utilitarianism Bentham

Answer 33

Purpose of law is to provide greatest happiness for the greatest number.

Question 34

Utilitarianism Bentham Example

Answer 34

Terrorism Act 2006 IPA 2016

Question 35

Terrorism Act 2006

Answer 35

Provides benefit to society by preventing terrorists incidents.

Question 36

IPA 2016

Answer 36

Identifies people involved in serious crime, benefit to society

Question 37

Utilitarianism Mill

Answer 37

For social justice to be achieved must be an even playing field between wealthy and poor.

Question 38

Utilitarianism Mill Example

Answer 38

Department of work and pensions 2012

Question 39

Evaluation of Utilitarianism

Answer 39

Don’t value rights, freedom, virtue, equality and natural environment.

Question 40

Social justice Rawls

Answer 40

Concerned with placing people in original position behind or using veil of ignorance. Create equality of opportunity and distribution.

Question 41

Social justice Rawls example

Answer 41

Speech and association Justice is served if a surgeon earns more.

Question 42

Social justice Nozick

Answer 42

Disagreed with Rawls A just society is one where state does not interfere in the private lives of citizens

Question 43

Evaluation of Social justice Rawls

Answer 43

what does veil of ignorance even mean. Can it be applied to society.

Question 44

Evaluation of social justice Nozick

Answer 44

fine if you are fit and active but what if your not. Right interference of state.