Law And Justice

Question 1

What is Justice?

Answer 1

• Justice in terms of basic fairness or quality means treating people equally
regardless of their background/circumstances.
• It means giving everyone an equal chance to success and ensuring that
everyone’s basic needs are met

Question 2

Natural Justice and what case show this

Answer 2

Natural justice is based on two key rules:
1. Judges must be fair and unbiased (and must also look unbiased).
2. Everyone must get a fair chance to present their side and respond to the other side.

Case: Pinochet – A judge was removed because he had links to Amnesty International, who were involved in the case. This showed the court must not seem biased

Question 3

What are the three main theories of justice?

Answer 3

1. Distributive Justice (fair sharing of wealth, resources, and opportunities in society)
   
   2. Utilitarianism (justice means creating the greatest good for the greatest number)
   3. Social Justice (focuses on equality, human rights, and protecting disadvantaged groups)

Question 4

What is Distributive Justice

Answer 4

. • Fair allocation of society’s resources.
• Ensures people get what they need.
• Balances benefits (e.g., property, family life) and responsibilities (e.g., tax, duties).

Question 5

Distributive Justice Key theorists

Answer 5

• Aristotle – Give people what they deserve based on contribution.
• Karl Marx – “From each according to his ability, to each according to his need.”
• Perelman – Justice is subjective; depends on personal values.

Question 6

Distributive Justice Legal examples:

Answer 6

National Minimum Wage Act 1998 – fair pay for work.

Question 7

Utilitarianism
What justice in utilitarianism?

Answer 7

• Justice = maximising happiness for the greatest number.
• Outcomes matter more than actions themselves.

Question 8

Utilitarianism Key theorists

Answer 8

• Jeremy Bentham – Created the principle of utility.
• J.S. Mill – Justice includes respect for rights and fairness, as long as it increases happiness.

Question 9

Utilitarianism Criticism

Answer 9

Can ignore individual rights (e.g. sacrificing one for many).

Question 10

Utilitarianism Legal examples:

Answer 10

Tort Law – Imposing liability on people or organisations who cause harm encourages higher standards of care (e.g. in healthcare, manufacturing, or public spaces). This helps prevent future harm, protects others, and promotes overall safety — which benefits society as a whole.

Question 11

What does social justice focus on?

Answer 11

• Equal rights, opportunities, and fairness in all areas of life.
• Everyone deserves a fair chance to succeed.

Question 12

Social Justice Key theorists:

Answer 12

• John Rawls – Justice = fairness.
• Equal rights/freedoms.
• Inequality is only just if it helps the least advantaged.
• Robert Nozick – Justice = respect for property rights.
• Redistribution is unjust because it violates individual property rights.

Question 13

Social Justice Legal examples

Answer 13

• Legal Aid – helps those with low income (Rawls).
• Equality Act 2010 – protects against discrimination.