Law and Justice Flashcards
(11 cards)
Introduce
Justice [Integral, 4]
Theory - [Equal]
Chaim Perelman, 2 bullet points
- Justice is an integral part of our legal system and the law should promote justice.
- There are 4 kinds of justice.
Chaim Perelman - Justice is the equal treatment of all individuals under the law.
Describe
Formal Justice [Procedural Law, treated alike]
Example [Trial by Jury]
2 bullet points, one example
Formal Justice
- Procedural law has systems in place to ensure all cases are treated the same.
- Justice is achieved where all cases are treated alike and follow the same procedure.
Trial by Jury - Example as procedure used in every crown court trial, to determine guilt.
Describe
Substantive Justice [Legal rules so overall outcome]
Theory [Proportionality comparative merit]
Example [Diminished Responsibility]
Aristotle, 1 bullet point
Substantive Justice
- Justice will be achieved if all legal rules are applied meaning overall outcome is fair and just.
Aristotle - Justice is due to a sense of proportionality, and comparetive merit should be taken into account, will be achieved if outcome is fair and proportional to the crime. Diminished Responsibility - Law recognises D did a crime, but mental reason means they deserve a lesser sentence, which is a fair and proportional outcome.
Describe
Distributive Justice [Allocation of]
Theory [Can’t, Capitalism, upholds interest, full re-distribution]
Example [Stephen Lawrence, not treated the same]
Karl Marx [Commie Punks Fuck off], Stephen Lawrence, 1 bullet point
Distributive Justice
- Justice only achieved if there is a fair allocation of resources
Karl Marx [Commie Punks fuck off] - Believes can't be achieved in capitalism, as law is supossedly unjust and supposedly only upholds interests of upper class, a full re-distribution of wealth is needed to achieve this justice. Stephen Lawrence - Law didn't treat everyone the same, Macpherson report highlighted this as a problem with the investigation at this time.
Describe
Corrective Justice [Wrongs]
Example [Sentencing Factors]
1 bullet points,
Corrective Justice
- Justice will be achieved if wrongs are corrected.
Sentencing Factors - Tailored sentences, to exact crime, that has been committed, judge corrects exact wrong from this.
Describe
Theories of Justice
Jeremy Benthan [Utilitarianism]
Investigatory Powers Act 2016
St Thomas Aquinas [Higher religious]
Pretty
Goes at the end
Jeremy Bentham - Theory of Utilitarianism, main purpose of justice and law is to achieve happiness for the greatest number. Investigatory Powers Act 2016 - One individual does not get justice , but rest of society does, through that one person being monitored for public safety.
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St Thomas Aquinas - For justice to be achieved, a higher religious law should be followed.
Pretty - Many religions disagree with suicide, the law follows a higher moral approach, so no justice for Pretty as she couldn’t die.
Evaluate
Formal Justice
- Formal Justice is achieved through Juries, as procedure is followed in every crown court trial.
- Why are juries diverse and represent a good cross-section of society? What are their deciscions based on? [Clive Ponting]
- Why can their verdicts be Perverse? [Kranlid] How is this unfair and based on corrupt morals? How does the media effect jury bias? [Rose West]
Formal Justice
- Selected at random and hard to defer from, since random from electoral register it means they can better understand many kinds of D as they all come from different parts of society. Their deciscion is based on their own opinion and not the law or statute, Clive Ponting, acquitted as agreed with him.
- Jury base verdict on their personal opinion, so the verdict is not based on the facts but only opinion such as in Kranlid, where found not guilty as jury agreed with them, which is unfair as could have corrupt morals. In Rose West, Jury through media bias get a pre-conceived notion on the case and as such aren’t impartial.
Evaluate
Subtantive Justice
- Aristotle has the most accurate theory of justice with outcome being equal and proportional to achieve justice.
- What brings partial justice? Why is this good? Why charged for less? How is there no justice for V? Proportional?
- Is compensatory damage generally proportional? What does compensation put C in the position of? Which loss achieves this and why? Which loss can’t achieve this and why?
Substantive Justive
- Diminished Responsibility, charged for lesser offence, as not clear mind to kill unlike cold-blooded criminals, Unfair for V as D gets a lower sentence despite a loss of life, not proportionate without a death sentence.
- Generally proportional to tort, as aims to put C in position as if tort never happened to them, precuinary loss, C gets given exact calculated value to be put in the position. In non-pecuinary loss, hard to calculate money for sentimental item, mental health or life changing injury.
Evaluate
Distributive Justice
* Distributive Justice is impossible to achieve in any kind of society.
* What is there too much of in society? What makes it impossible to do? Why [Wealth]? What social inequalities don’t let people be treated the same? [Positive Discrimination], What can rich pay off easily unlike poor? How are family courts inequal?
* With the cut to Legal Aid funding, what does this lead to? What must a poor person now do? Is this equal? Can true equality ever be achieved? Why?
Distributive Justice
- Pluralism, treat everyone equally, natural inequalities with wealth and power are always present no matter what in any societies, positive discrimination leads to unfair hiring and candidates not being hired for merit, fines, men usually lose custody in family courts,
- No justice as no funding, therefore must represent yourself even if you can’t afford, not equal distribution of resources, true equality is always impossible to achieve and Karl Marx’s theory is based of a unachievable utopia.
Evaluate
Corrective Justice
- Hard to achieve and sentencing gives partial justice.
- What do setencing factors attempt to do? What can’t they correct for the V? Impact of rape? What do those murdered lose? Why is there no proportionality for murder? How can there be proportionality?
- What are the re-offending rates? Adults with under 12 month sentence? U-18 Offenders re-offending after a year? Does it correct the wrong?
58%. 68%
Corrective Justice
- Correct a wrong, mental health or death, severe mental health impact, lose their future and aspirations, D alive, proportion would mean killing D or torturing them or raping them.
- 58% if under 12 month sentence, 68% for under 18 offenders re-offending with a year, no correction of the wrong as problem with mind not fixed, too lenient and coddling with the prison sentence, and criminal mindsets get romanticised in society, no deterrence so doesn’t correct the wrong.
Conclude
Law and Justice
Just Flip
Ending
- Many different theories of justice, can’t all be achieved as everybody has different views, sentencing factors not proportional as D is alive with no death sentence, corrective with a death sentence would be more achievable, though the world isn’t as black and white and with some nuance, Corrective can only partially be achieved.
