Law and Justice

• What is justice?

  Fairness
• What did Plato believe justice was?

  Harmony between different parts of society
• What did Aristotle believe justice was?

  equality for those who are equal to begin with
• What did Hart believe?

  that justice is connected with fairness
• What did Rawls believe?

  Each person has a right to basic freedom and the state should respect the people's autonomy
• What are the 4 types of justice?

  1. Formal (procedural)
  2. Substantive
  3. Distributive
  4. Corrective
• What is formal (procedural) justice?

  Procedures and systems put in place need to ensure justice
• Give examples of what is included in procedural justice

  1. Police
  2. Courts
  3. Jury
  4. Prisons
• Give a case for the jury

  Ponting's case
• What is substantive justice?

  Contents of the law itself must be fair
• Give examples of substantive justice in crime

  actus reus and mens rea fails to correspond for many non-fatal offences.

  Voluntary intoxication - Majewski
• What is distributive justice?

  Justice is distributed equally between different races, classes, ages etc...
• What is corrective justice?

  Justice is achieved by correcting the wrong and compensating victims
• Give an example of where justice is achieved through corrective justice

  an award of damages in civil law. Restoring the claimant to the position they were in before.
• Give a case where there was a miscarriage of justice (corrective justice)

  Birmingham 6
• Give an example of a failure of distributive justice

  Cases against big companies come down to the money
• Give an example of a success of distributive justice

  everyone has access to justice - legal aid