Law And Justice

Question 1

Define justice

Answer 1

Fairness for all

Question 2

What did Chaim Perelman say justice is

Answer 2

Means different things to different people based on their work, individual needs, merits, legal entitlement and equality

Question 3

What are the 4 types of justice

Answer 3

1. Formal justice
2. Substantive justice
3. Distributive justice
4. Corrective justice

Question 4

Formal justice

Answer 4

Achieved through institutions such as the police, courts, judges, appeals etc
EG: juries - Wallace the jury came to the wrong verdict and as a result of this outcome the victim then ended up committing suicide

Question 5

Substantive justice

Answer 5

Achieved through legal rules - fault in tort laws and rights in human rights
EG: sober man test in duress - only features certain characteristics

Question 6

Distributive justice

Answer 6

Is achieved through the fair allocations of resources. However fair doesn’t always mean equal
Eg: access to funding, requirements around LASPO, and people’s right to a duty solicitor

Question 7

Corrective justice

Answer 7

Is achieved through punishing wrong doing - sentencing in criminal law and remedies in tort law and HR
Eg: whole life orders for crimes like murder which do reflect sentence
Corrective justice fails due to high reoffending rates 59%

Question 8

Natural law Theory

Answer 8

Justice is achieved when laws and morals are intertwined

Question 9

Positivists theory

Answer 9

Justice is achieved regardless of moral view points

Question 10

John Rawls

Answer 10

Justice is achieved when equality takes place

Question 11

Marxism

Answer 11

Justice is achieved by looking at wealth and status