law and justice Flashcards
(31 cards)
how does plato define justice
as harmoney in diffrent sectors of society applying to individuals and society
what are the 5 diffrent types of justice
distributive justice
substantive justice
procedural justice
social justice
corrective justice
what is distributive justice
fair allocation of reacorces eg benifits
what is substantive justice
fairness of laws themselves eg correct sentence
what is precedural justice
fair legal precesses eg jury system
what is social justice
equal justice beyond courts eg human rights protection
whats corrective justice
how the law fixes wrong doings eg sentecing offenders
what did natral lawyer aristotle belive in relation to justice
justice should allow people to reach their full potential
what were the two key principles aristotle belived in and what did this mean
distributive justice
corrective justice
a hard working person should earn more than a lazy person
what was aristotles view on distributive justice
wealth should be distributed based on merit not need
what was aristotles view on corrective justice
the law must correct unfairness
how did Karl marx view justice
the redistribution of wealth to remove inequality where peole give what they can based on their needs
what was Chaim Perelman’s view on justice
it was subjective as diffrent poeple define it differntly
what were the 6 ways perelman said people view justice
need
merit
work
equally
rank
legal entitlement
what did rawls thinkabout justice
it was fairness for all
what 2 basic principles did rawls believe
basic rights for all
inequality is fair if it benifits least advantaged
give 2 theorists for distributive justice and what they thought
aristotle-based on merit
rawls- inequality should benifit least advantaged
what are the key issues in procedural justice
natral justice-fairness
right to be heard-both sides
legal aid- equal justice
presumption of innocence- burden of proof on pros
give a case for natral justice
pinochet case
give a case for right to be heard
Ridge v Baldwin
give a statute for legal aid
LASPOA
what are some of the issues in procedural justice
legal aid cuts
flaws in jury system
police failures eg racism
what is the aim of corrective justice
fixing wrongdoings
how is there corrective justice in criminal, tort and contract law
criminal- prison senteces
tort- damages
contract- compensation