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OCR LAW- MIA
ELS
law and justice (chap3)
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Cards (80)
What are the three key components of justice?
Fairness
, equality, even-handedness
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What does Distributive Justice emphasize?
Common good and fair penalties
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How does Plato define justice?
As harmony between different
sectors
of society
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What is the view of distributive justice according to Aristotle?
Balance between
extremes
Allocation based on
virtue
Each receives according to their
contribution
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Who are the philosophers associated with distributive justice?
Aristotle
and
Aquinas
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What does Aquinas say about justice?
It links to the
common good
and
merit
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What is the main criticism of the principles of distributive justice?
No country has
successfully
implemented them
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What are the two principles proposed by Karl Marx regarding justice?
From each according to
ability
, to each according to
need
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What does Chaïm Perelman argue about justice?
It cannot be studied
logically
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What does Perelman mean by "to each according to his merit"?
Each person is rewarded based on their
actions
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How does the welfare system relate to justice according to Perelman?
It
allocates
resources based on needs
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What does "to each according to his work" imply?
Rewards are based on
individual contributions
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What is the superficial attraction of "to each equally"?
It
seems
fair
in
certain situations
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What does "to each according to his legal entitlement" mean?
Rights
are based on legal
protections
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Who is John Rawls?
A
philosopher
who published a
theory of justice
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What does Rawls' "veil of ignorance" concept entail?
Fair distribution of
resources
without bias
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What are the two basic principles of Rawls' theory?
Equal rights
and benefits for the
least advantaged
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What does Robert Nozick argue about justice?
It involves
entitlement
and
property rights
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What are Nozick's three principles of justice?
Acquisition
, transfer,
and rectification of injustices
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What does Nozick mean by "principle of rectification of injustices"?
Addressing wrongs from
property acquisition
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How does Nozick view the role of the state?
It should not interfere with
property rights
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What is the main criticism of Nozick's theory?
It may neglect the needs of the
disadvantaged
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What is the relationship between justice and happiness according to the text?
Justice includes
respect
for people and
property
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How does social justice relate to opportunities in society?
It demands
equal
opportunities for all
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What are the main theories of justice discussed in the material?
Distributive Justice
Social Justice
Theories
by
Aristotle
,
Aquinas
,
Rawls
, and
Nozick
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What are the criticisms of distributive and social justice theories?
Difficulty in
practical implementation
Potential for
social injustice
Neglect of
individual contributions
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What is an important part of social justice?
Legal aid
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Why is legal aid considered essential?
It ensures everyone has
access to justice
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What did Secretary Clarke say about legal aid in 2010?
It was introduced to improve
justice
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What changes occurred in 2012 regarding legal aid?
Changes reduced the
availability
of legal aid
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What is the eligibility criterion for further legal help after being charged?
Means tested
eligibility
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What happens if a person is found guilty regarding legal costs?
They may
need to repay legal costs
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What are the different meanings of justice?
Fairness
Equality
Harmony
Procedural justice
Restorative justice
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What is the entitlement of anyone arrested at a police station?
Free legal advice
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What types of cases are included in legal aid and family cases?
Immigration
,
educational
,
welfare benefit
cases
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How do sentencing guidelines affect the consideration of mitigating factors?
They guide
judges
in considering factors
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What is the principle of proportionality in sentencing?
Sentences should match the
severity
of the crime
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What is the role of the Criminal Cases Review Commission (CCRC)?
To review cases of
wrongful conviction
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What must be proven for compensation to be paid to wrongfully convicted individuals?
Innocence beyond reasonable doubt
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What do the rules of natural justice protect against?
Arbitrary decisions
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See all 80 cards
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