law and justice Flashcards

(31 cards)

1
Q

how does plato define justice

A

as harmoney in diffrent sectors of society applying to individuals and society

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2
Q

what are the 5 diffrent types of justice

A

distributive justice
substantive justice
procedural justice
social justice
corrective justice

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3
Q

what is distributive justice

A

fair allocation of reacorces eg benifits

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4
Q

what is substantive justice

A

fairness of laws themselves eg correct sentence

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5
Q

what is precedural justice

A

fair legal precesses eg jury system

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6
Q

what is social justice

A

equal justice beyond courts eg human rights protection

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7
Q

whats corrective justice

A

how the law fixes wrong doings eg sentecing offenders

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8
Q

what did natral lawyer aristotle belive in relation to justice

A

justice should allow people to reach their full potential

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9
Q

what were the two key principles aristotle belived in and what did this mean

A

distributive justice
corrective justice
a hard working person should earn more than a lazy person

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10
Q

what was aristotles view on distributive justice

A

wealth should be distributed based on merit not need

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11
Q

what was aristotles view on corrective justice

A

the law must correct unfairness

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12
Q

how did Karl marx view justice

A

the redistribution of wealth to remove inequality where peole give what they can based on their needs

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13
Q

what was Chaim Perelman’s view on justice

A

it was subjective as diffrent poeple define it differntly

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14
Q

what were the 6 ways perelman said people view justice

A

need
merit
work
equally
rank
legal entitlement

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15
Q

what did rawls thinkabout justice

A

it was fairness for all

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16
Q

what 2 basic principles did rawls believe

A

basic rights for all
inequality is fair if it benifits least advantaged

17
Q

give 2 theorists for distributive justice and what they thought

A

aristotle-based on merit
rawls- inequality should benifit least advantaged

18
Q

what are the key issues in procedural justice

A

natral justice-fairness
right to be heard-both sides
legal aid- equal justice
presumption of innocence- burden of proof on pros

19
Q

give a case for natral justice

A

pinochet case

20
Q

give a case for right to be heard

A

Ridge v Baldwin

21
Q

give a statute for legal aid

22
Q

what are some of the issues in procedural justice

A

legal aid cuts
flaws in jury system
police failures eg racism

23
Q

what is the aim of corrective justice

A

fixing wrongdoings

24
Q

how is there corrective justice in criminal, tort and contract law

A

criminal- prison senteces
tort- damages
contract- compensation

25
display 2 cases that hilight the issue of proportional sentencing (diff sentences for similar crime)- correctional justice
r v cocker r v inglis
26
give a case example for the issue of strict liablity in corrective justice
Harrow LBC v Shah
27
in what way do strict liablity offences cause issues for substantitive justices
they can be unfair as they dont require fault
28
what are the suggested reforms to achieve substantive justice
outdated defences-insanity misalignment of actus and mens rea - eg NFO
29
in what stages should justice be seen
all: -pre-trial -trial -appeals
30
name some famous miscarrages of justice- wrongful convictions
Birmingham six guildford four sally clarke
31
what does the criminal cases review commision do
investigates wrongful convictions