Law and Justice Flashcards
(28 cards)
What is law according to Lord Scarman?
The body of rules and guidelines within which society requires its judges to administer justice.
Reference: Duport Steels Ltd v Sirs 1980
How does Lord Wright define the guiding principle of a judge?
To do justice: that is justice according to the law, but still justice.
Reference: ‘Future of Common Law’
What is justice according to the Longman Dictionary of Law?
The basic value underlying a system of law, or the objective which that system seeks to attain.
What are the synonyms of justice?
- Fairness
- Equality
Is justice a fixed concept?
No, it is subjectively assessed and means something different to everyone.
Define Distributive Justice.
The fair and equitable allocation of resources and burdens to the members of a community.
What does Utilitarianism Justice emphasize?
We should always do whatever will produce the greatest amount of happiness and prevent the greatest amount of unhappiness.
What is Social Justice?
Distribution of the burdens and benefits of society should be in an equitable manner.
What is Aristotle’s view on Distributive Justice?
There should be a fair allocation of the benefits and responsibilities based on merit.
What does Aquinas believe about Distributive Justice?
Receive what is due in accordance with merit, rank, and need, based on natural law.
Summarize Marx’s perspective on Distributive Justice.
‘From each according to his ability, to each according to his need.’
What is John Rawls’ principle regarding justice?
Distribution of the burdens and benefits of society should be in an equitable manner.
What does Bentham’s theory of Utilitarianism focus on?
The consequences of a person’s acts to maximize happiness.
How did John Stuart Mill develop Utilitarianism?
He emphasized the quality of happiness rather than the quantity.
What is commutative justice?
Equality in exchange of goods and services, paying a true ‘market’ value.
What does John Rawls’ social contract theory involve?
‘The veil of ignorance’ - thinking as if society is being built from the ground up.
What is Nozick’s libertarian approach?
Advocating minimal interference by the state, upholding a person’s right to own property acquired fairly.
Define Procedural Justice.
Justice which is facilitated by the system and procedures in place.
What is Substantive Justice?
The justices existing in the individual rules and cases.
What is Corrective Justice?
Rectifying an injustice or wrong.
What are examples of Procedural Justice?
- Criminal system of appeals
- Judicial Review
- Jury Trial
What are examples of Substantive Justice?
- Defences in civil and criminal cases
- Sentencing fitting the crime
What does the concept of Corrective Justice involve?
How a wrong is rectified.
What does the legal system’s extent of producing just outcomes involve?
- Access to justice
- Availability of legal aid
- Sentencing and appeals
