Law and justice

• what is the ultimate goal of the law according to many theorists?


  Justice is considered the ultimate goal to which the law should strive, though its definition can vary depending on individual preferences and values.
• How does kelson view the concept of justice?


  Kelson argued that justice cannot be scientifically defined, as it is inherently subjective and based on individual preferences.
• What is aristotle's theory of distributive justice?


  Aristotle believed justice ensures like cases are treated alike, distributing society's benefits (e.g., voting rights, welfare) and burdens (e.g., taxes) equitably.
• What is natural law and how does it relate to justice?


  Natural law theories, supported by figures like Aristotle and Aquinas, hold that justice arises from higher moral principles inherent in nature or divine law.
• What is Bentham's utilitarian approach to justice?


  Bentham argued that justice is achieved when laws maximize happiness for the greatest number, even if this causes unhappiness for a minority.
• How does Rawls' theory of justrice differ from utilitarianism?


  Rawls rejected utilitarianism, advocating for principles of justice decided behind a "veil of ignorance," ensuring fairness regardless of individual positions in society.
• What is Nozick's Market-based justice theoiry?


  Nozick argued for minimal state interference, claiming justice lies in protecting individual rights and allowing market forces to distribute resources naturally.
• How is procedural justice defined?


  Procedural justice involves the fair application of legal rules, ensuring equality before the law, impartial administration, and unbiased legal processes.
• What is substantive justice?


  Substantive justice considers whether the content of laws themselves is fair, rather than focusing solely on how they are applied.
• How do miscarriages of justice demonstrate procedural failures?


  Cases like the Birmingham Six highlight flaws in evidence handling, interrogation, and impartiality, leading to wrongful convictions.
• What role does legal aid in achieving justice?


  Legal aid ensures access to justice for those unable to afford legal representation, though its effectiveness is limited by means testing and budget cuts.
• How do sentences reflect justice in criminal law?


  Sentences aim to balance aggravating and mitigating factors, ensuring fairness while reflecting societal attitudes toward particular crimes.
• How does tort law aim to achieve justice?


  Remedies in tort, like damages, aim to restore claimants to their pre-incident position, balancing individual and societal interests.
• Why is a mandatory life sentence an example of a substantive justice issue in criminal law?


  Mandatory life sentences (MLS) for murder are debated for failing to reflect the varying culpability of offenders, such as mercy killings versus heinous murders.
• how does judicial review promote justice?


  Judicial review ensures laws and executive decisions comply with principles of fairness and legality, safeguarding individual rights against state overreach.
• What is the role of natural justice in legal proceedings?


  Natural justice ensures fairness in decisions, as demonstrated in cases like R v Gough, where the appearance of bias led to an evaluation of trial fairness.
• Historically, how has the law changed to achieve justice?


  Reforms like the Homicide Act 1957 introduced diminished responsibility as a defence, reflecting changing societal values and fairness principles.
• What is the relationship between justice and diversity in jury trials?


  Juries promote justice by allowing ordinary citizens to deliver verdicts, but diversity and representation issues (e.g., magistrates' age and backgrounds) challenge this ideal.