Law & Justice^

Question 1

Justice

Answer 1

harmony between different sectors and classes in society
P get what they deserve
Law recognises the diff types of J

Question 2

Utilitarianism

Answer 2

laws are just if they maximise happiness of majority
even if they sacrafice the happiness of the ind
Bentham - happiness of majority > pain of minority

Question 3

Utilitarianism (Thinker)

Answer 3

Mill - J is whatever creates the largest amount of happiness
- Harm Principle - respect ind choices as long as they don’t harm others

Question 4

Distributive Justice

Answer 4

Aristotle - needs proportionality with justice
- distribute based on merit and contributions, not need
VS Marx - distribute based on need who will contribute to S based on abilities

Question 5

Social Justice

Answer 5

P have equal rights and opportunities regardless if they are rich or poor

Question 6

Social Justice (Thinkers)

Answer 6

Rawls: Veil of Ignorance - mental society where P unaware of their position will redistribute resources
- agrees with redistributive taxation and welfare which need state intervention
VS: Nozick - Redistribution is a violation of ind rights
- Taxation is a form of “slavery

Question 7

Formal Procedual Justice

Answer 7

if decisions are made using the correct process will be just
- esp if use courts
not realistic as P don’t have the same access (money)
VS: ADR, legal aid

Question 8

Corrective Justice

Answer 8

getting the correct punishment for the crime
consider aggrivating and mitigating factors

Question 9

Restorative Justice

Answer 9

restoring offenders to position where they can be reintergrated in society
D reflects on actions and learns to not reoffend

Question 10

Links To Law

Answer 10

Criminal - representation, fair trial, jury
Tort - ADR, legal aid
Contract - clear offer and acceptance, no duress or unfair terms