Law & Justice Flashcards
(11 cards)
intro- What is justice and what are the different types?
Justice means the law is fair — it punishes wrongs and protects rights.
But it’s hard to agree on what is “fair” because people have different views.
Experts like Aristotle and Perelman say there are 4 types of justice:
1. Corrective – Fixing wrongs (e.g. compensation).
2. Distributive – Sharing things fairly (e.g. money, help).
3. Formal – Treating everyone the same in law.
4. Substantive – Making sure results are fair.
The law tries to do all of these, but it’s not perfect and some people still criticise it.
What is corrective justice and how does the law achieve it and probelms?
It means fixing a wrong by restoring the balance. Criminal law does this through punishment (retribution), and civil law through compensatory damages. Mitigating/aggravating factors and contributory negligence also help.
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High reoffending, unfair or inconsistent sentences, prison overcrowding, and civil cases (like serious injury) where full recovery isn’t possible.
What is distributive justice and how does the law try to achieve it?and problems
It’s about fair sharing of wealth, rights, and power. Laws like the Sex Discrimination Act and the minimum wage help give equal opportunities.
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Unequal treatment based on race or class (e.g. stop and search data, Stephen Lawrence case), tax evasion by the rich, and lenient treatment of white-collar crime.
What is formal justice and how does the law support it? and probelms
It means fair procedures. The appeal system, legal aid, and the use of juries and magistrates support fairness in decision-making.
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Legal aid cuts (LASPO 2012), biased or unrepresentative lay people, and major miscarriages of justice (like the Post Office scandal or Birmingham Six).
What is substantive justice and how does the law show it? and problems
It’s about having fair laws. Different levels of fault are shown through mens rea (e.g. Mohan vs Cunningham), sentencing, and defences like insanity or consent.
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What are the problems with substantive justice?
A: Some laws are too rigid (e.g. life for all murder), inconsistent defences (Wilson vs Emmett), and unfair tort rules like vicarious or strict liability (Twine, Rylands v Fletcher).
What type of justice do Natural Law theorists support and why? and what is a problem
They support distributive justice, believing law and morals go together and justice means fairly sharing wealth, power, and rights.
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In real life, the law treats people unequally, so distributive justice is not fully achieved.
What do Bentham, Hart and Austin believe about justice?
They follow utilitarianism – justice means creating the greatest happiness for the greatest number. They focus on formal and substantive justice.
What is a criticism of utilitarian justice?
It may sacrifice individual rights for the good of the majority.
What does John Rawls say about justice?
Justice means protecting individual rights, especially property rights. The state should not interfere too much.
What does Robert Nozick believe justice should focus on?
Justice means protecting individual rights, especially property rights. The state should not interfere too much.
conclusion: Does the law achieve justice?
The law does achieve some justice in all four types (corrective, distributive, formal, and substantive), but not fully. Just like academics can’t agree on one definition of justice, the law also can’t provide justice for everyone equally.
