law and justice Flashcards
(17 cards)
difficult to define
achieving justice is the ultimate goal for any legal system & on a simple level is achieved by applying the law in the same way to all people ( fair outcome)
procedural justice
concerned with the system that provides justice & includes the courts rules, procedures and access to the legal system
substantive justice
concerned with the outcome achieved by the system and the way that rules and procedures work in practice. this considers the judgements and verdicts in a case
john bache
anyone can need justice. you could be a witness to a crime, or a victim, or a D accused of a crime you have done or havent done. whichever position you are in you want to know that justice has been served
theories of justice
distributive justice and utilitarianism
distributive justice
concerned with the fair allocation of resources including anti discrimination laws, minimum wage, taxation and the welfare state
aquinas and aristotle
a just state will distribute wealth on the basis of merit or rank, giving to each according to his virtue and contribution to society
marx
a society distributes wealth from each according to his capacity, to each according to his needs. if your needs are greater you should get more
perelman
justice cannot be studied logically, as each attempt to define is based on a persons subjective values.
versions of justice: to each according to his merits, needs, works & efforts, equally, rank and legal entitlement
utilitarianism
societies should work towards the greatest good for the greatest number, even if this means individuals miss out. It determines right from wrong by focusing on outcomes
bentham
maximising happiness is the focus of justice and that the interests of an individual may be sacrificed for the greater happiness of society
mill
if peoples actions respect other peoples happiness then this will bring the greatest number and justice will be achieved
act utilitarianism
rightness of an act is judged in isolation to see whether adds or subtracts from the sum of human happiness
rule utilitarianism
the rightness of an action is judged according to whether the sum of human happiness would be increased if everyone acted in the same way
law achieves justice?
justice is central aim of any legal system
procedural justice (system itself)
just: independent courts, fair rules and procedures, everyone has access. not just: no automatic right of appeal & funding issues, LASPO limits access to funding
substantive justice (outcomes)
just: negligence- no liability without fault, criminal law: sentencing aims to achieve balance between retribution and fair sentence. not just: parliament supreme, miscarriages of justice
