Law and Justice Flashcards
(16 cards)
Justice definition
Justice is the idea that the law is fair in how it seeks to punish wrongs and protect rights.
How does John Rawl define justice ?
- The social contract - there is a binding contract between members of society.
- Greatest equal liberty: for things like freedom of speech
- Difference principle: social and economic inequalities are fair and just but only if they work for the least advantaged in society
Who said “justice is a balance of extremes”?
Lindsay v Commissioners of Customs and Excise
What is distributive justice?
The fair allocation of the benefits (money, property and family life) and responsibilities (taxes, civic duties) of life.
How did Jeremy Bentham define utilitarianism?
The more an action increases overall happiness, the more valuable it is; and the more it decreases happiness; the more reprehensible. Only thing that matters is the outcome.
How did John Stuart Mill define utilitarianism?
As above, but he also cared about the quality of happiness ‘better to be a human dissatisfied than a pig satisfied’. Mill believed that utilitarianism was linked to justice and had to take into account respect for people, property and rights as such things matter to people.
What is act utilitarianism?
act is judged in isolation
What is rule utilitarianism?
act is judged as if what would occur if everyone did the same thing
Describe Rawl’s two basic principles of social justice
1:Each person would have an equal right to the most extensive scheme of basic liberties ‘compatible with a similar scheme of liberties for others’
2:Social and economic inequalities may exist only when:
Where they benefit the least advantaged members of society
Provided all positions and offices are open to everyone
Describe Nozick’s three basic principles of social justice?
1:A principle of justice in acquisition - dealing with how property is acquired
2:A principle of justice in transfer, dealing with how property can change hands
3:A principle of rectification of injustice where the two above have not been adhered to
What does Lord Denning say about the law achieving justice?
The proper role of the judge is to do justice between the parties before him. If there is any rule of law which impairs the doing of justice, then it is the province of the judge to do all he legitimately can to avoid the rule, even to change it, so as to do justice in the instant case before him’
What does Robert Megarry say about the law achieving justice?
I have no jurisdiction to make an award to the plaintiffs just because I reach the conclusion…that they have had a raw deal. This is a court of law and ‘equity’ (equity in it’s technical sense) administering justice according to law and equity, and my duty is to examine the plaintiffs’ claim on that footing.
Name some principles of Procedural justice
1:Legal aid should mean that everyone is represented to an equal standard
2:The rules of evidence ensure the material presented in court is reliable, for example, confession evidence of a defendant intimidated by police is not admissible (R v Miller)
3:Judges, magistrates and juries must not be biased or seem to be unbiased R v Bingham JJ
4:Corrective justice (not the one below) - there is a right to a second opinion, provides a system of appeals, judicial review and the Criminal Cases Review Commission (CCRC) to ensure justice has been done.
Name some principles of substantive justice
1:Defences are available to justify the D’s actions and partial defences exist in murder to allow the D to shoulder part (not all) of the responsibility
2:Sentencing should be done consistently with the level of fault
3:In civil law, the higher duty of care owed by a professional over a normal person helps to achieve justice.
Why is there a failure to achieve justice through law?
1:The mandatory life sentence for murder allows the judge no flexibility to recognise different levels of seriousness of offence. R v Canning - judge said that this is a ‘classic case of injustice’
2:The rules of joint enterprise, until R v Jogee corrected the issue, defendants were being found guilty of serious offences on the weakest legal basis.
What is an example of corrective justice?
Jebson v Ministry of Defence (2000) award was reduced by 75% due to contributory negligence.
