law and justice AO1

• def of justice - fair and reasonable treatment of people
• chaim perelman - 6 meanings of justice
• formal justice - how procedures within legal institutions create fairness
• substantiatitive justice - how the law itself achieves fairness
• distrubititive justice - how law ensures a fair allocation of resources amound society
• corrective justice - how law deals with wrong doing
• natural law - law derives from god and nature
• aristotle - law is just if it is law that comes from god as this makes it moral
• utilitarianism - law is just if it maximises the sum total of happiness for the greates number of people - bentham
• positivism - law is valid if it is made by parliment - hart - austin
• rawls -by opperating under a viel of ignorance everyone can be equal and have equal rights
• dicey - rule of law - no one can be punished without law - no person is above the law - judicial decisions protect the right of citizens
• plato - government is a slave to the law
• aristotle - the rule of law is prefferable to that of any individual
• entick v carrington - judiciary asserted its independance and ruled against the state