Law and Justice Summary

• Justice

  Refers to the concept of fairness and equality in the application of the law

  Oxford English Dictionary: 'the quality of being morally right and fair.' viewed aiming to achieve equality
• Chaim Perelman

  Only attempt to define justice and fairness is difficult

  Each person will have their own idea of fairness

  Subjective concept

  Struggle to reach a common definition shared by all members of society
• Theorists

  1. Aristotle
  2. Aquinas
  3. Marx
  4. Hart
  5. Perelman
  6. Jeremy Bentham
  7. John Stuart Mill
  8. Rawls
  9. Nozick
• Aristotle

  Distributive justice (distribution of resources) and corrective justice (e.g. remedies/sentencing)

  Fairly distributing wealth: each according to his virtue and contribution in society - more benefit, the more individual does

  Need proportionality, allocating according to need is unjust as it would reward the lazy as well as the hard working
• Aquinas

  Natural justice

  Laws need to be fair and moral (backed by higher being e.g. God) to provide justice

  People receive what they are due in accordance to their merit, rank and need to get what they deserve
• Marx

  Economic justice

  Distribution of Wealth: 'from each according to his ability, to each according to his need'

  Society is in a state of perpetual conflict due to competition for limited resources and therefore justice is not possible in a capitalist economic system. He suggests those with wealth and power suppress/exploit the poor and powerless.
• Hart

  Positivist

  Scientific approach which should not overlap with morality

  Laws have no moral connection and they can still provide justice even when they do not follow moral principles of society

  If a law is broken, it doesn't matter why, it is fair to punish the wrongdoer.
• Frances Inglis

  • injected 22 year-old son who was suffering serious head injuries from falling from an ambulance with heroin twice
  • attempted murder, and then murder
  • life sentence
• Perelman

  Distributive justice

  1. to each according to his merits - contribute to society - reward
  2. to each according to his needs - welfare system means lesser legal aid elegibility
  3. to each according to his works - incentive to better ourselves
  4. to each equally - rations
  5. to each according to his rank - status
  6. to each according to his legal requirement - Thompson and Venables - change of identity
• Jeremy Bentham

  utilitarianism

  More it increases happiness = more valuable

  More it decreases happiness = more reprehensible.
• One of the criticisms of utilitarianism is that the interest of an individual may be sacrificed for greater community happiness
• John Stuart Mill

  Utilitarianism

  Quality of happiness over quantity, 'better to be a human being dissatisfied than a pig satisfied.' Justice includes respect for people, property and rights.

  Punishing wrongdoers brings happiness to the greater number. But punishment itself is an evil as it involves inflicting pain or harm, and can only be justified when it gives a greater benefit such as public order.
• Rawls

  Social justice

  Justice is fairness. Need a 'veil of ignorance'. No one knows his place in society, his class position or social status, nor does anyone know his fortune in the distribution of natural assets and abilities, his intelligence and strength.

  Benefits and burdens distributed fairly. Everyone should have access to the same opportunities. State must respect autonomy of the individual.
• Nozick

  Social Justice

  Entitlement, ownership of property gives justice. Acquisition; acquiring property. Transfer; how it changes hands

  Justice exists when people obtain property through legal means. If it is illegal, then it is injustice and must be punished.