Paper 3.8 - Justice and the Law (AO1 & AO3) Flashcards
(19 cards)
What is justice? Is it objective or subjective?
Justice is fairness - it is subjective.
The law aims to be just. How does it do this?
It punishes wrongs and protects peoples’ rights.
What are the two theories of justice?
Natural law & Positivism
What is the natural law view on justice? Name one figure who supports natural law.
Natural law emphasises law protecting life and family, and promoting common goods. Aquinas and Aristotle.
What is the positivist view on justice? Name one figure who supports positivism.
Positivism emphasises the importance of laws and systems rather than morals, i.e. a decision is good because it comes form an authority rather than its basis in morals.
Bentham and Austin.
What was Austin’s opinion on justice?
Law should be separate from morals.
What are the four types of justice?
Procedural, substantive, distributive, corrective.
What is procedural justice? Give an example.
Systems are in place to ensure fairness eg max detention times w/o charge, jury system.
What is substantive justice? Give an example.
The content of the law is fair eg human rights and freedoms, ECHR.
What is distributive justice? Give an example.
Everyone receives justice equally eg rule of law stating no one is above the law.
What is corrective justice? Give an example.
Law aims to correct wrongs eg tort law - damages, criminal law - retribution aim of sentencing.
Fill in the blank Justice AO3 point:
It is difficult to create a common definition of justice for society as there are a _______ __ ______.
range of morals.
Fill in the blank Justice AO3 point:
Justice is not a _____ concept, and changes over time with society. For example, it used to be ____ to criminalise homosexuals. In fact some cultures still criminalise this.
fixed; just.
Fill in the blank Justice AO3 point:
Positivism is __________; law and morals cannot be _________ because the law exists to discourage immoral acts.
unrealistic; separated
Fill in the blank Justice AO3 point:
___________ can be criticised for believing that justice is achieved just because procedures are followed. The law could be _____________ unjust and positivists would not be concerned.
Positivism; substantively.
Fill in the blank Justice AO3 point:
Procedural justice requires ________ ________ to be upheld, which has its own issues, namely _________ of ____ because of the vertical relationship and time taken.
judicial review; inequality; arms
Fill in the blank Justice AO3 point:
___________ justice did not occur in the case of _________, where both the doctor and the bank avoided liability for C’s sexual assault. The ________ of the law did not allow for either of the parties to be punished.
Substantive; Barclays; substance.
Fill in the blank Justice AO3 point:
Distributive justice does not occur in the UK; minorities are _ times more likely to be ________ ___ ________ and poorer people must depend on lower skilled ____ _________.
9; stopped and searched; duty solicitors.
Fill in the blank Justice AO3 point:
__________ justice did not occur for the ____ ______ workers who were wrongfully convicted of theft. They still haven’t received the _________ from the suit and have had their lives negatively impacted in prison, or in some cases, suicide.
Corrective; Post Office; damages.
