Law and Justice

Question 1

-Law and Justice- paragraph 1- introduction

Answer 1

The Oxford English dictionary defines justice as “Just conduct; fairness”. Justice , according to law can be:
- Procedural justice- how laws are made/ how the legal system operates must be fair.
- Substantive justice- is concerned with whether the rules are just. Substantive laws= the laws themselves

Question 2

Law and justice paragraph 2- Aristotle’s theory

Answer 2

• Aristotle’s theory of justice is that a just law is one that enables people to fulfill themselves in society. He introduced the principle of corrective justice. This refers to the idea of restoring the V to their original position. Aristotle believes that the punishment should be proportionate. An example of corrective justice is restoring the V back to their original position, such as returning or replacing stolen property.
• Extra example= Corrective justice for society would be the D completing unpaid work.

Question 3

Law and Justice paragraph 3- Aquinas’ theory

Answer 3

• Aquinas established the natural law theory. He believed that a law is only just if it is derived from God, and that if this “Higher” law is followed then there will be justice. He believed that parliamentary made law, go against God’s law and should only be followed to avoid social disorder. An example of higher law would be “Thou shalt not steal” or “Thou shalt not kill”. Human rights law however would be an example of natural law as they are fundamental and affect everyone.

Question 4

Law and justice paragraph 4- Bentham’s theory

Answer 4

• Bentham developed the theory of utilitarianism. This theory believes that a just law is one which brings the greatest amount of happiness, to the greatest number of people, even if it is at the expense of the individual. For example, the Child sex offenders Disclosure scheme is an example of a utilitarianism approach to justice as the offender will be on the sec offenders register for life, despite being reformed.

Question 5

Law and justice paragraph 5- Nozick’s theory

Answer 5

• Finally, Nozick developed the “Entitlement theory of justice”. He believed that the only way we can achieve a just society is through the idea of the minimal state. This means that the state must keep interference to a minimum. Nozick argued that the state should only interfere to protect an individual’s natural rights (fundamental human rights) and believed that “criminal law should not interfere in a matrimonial home”- RvWilson.
• He rejects the redistributive justice theory arguing that criminal law should not aim to make society happy but should protect the individual’s rights.