Types of Justices

• Types of Justice

  • Substantive
  • Procedural
  • Distributive
  • Social
  • Corrective
• Substantive

  • Focuses on the fairness of laws themselves and whether they uphold fundamental rights
  • The Human Rights Act 1998 ensures substantive justice by protecting individuals' rights and freedoms in the UK
• Substantive

  Positive example: The Equality Act 2010

  Evidence: Where indirect discrimination needs not to be explained to be unlawful

  Link to theory: Aligns with Rawls theory of justice as fairness, ensuring that basic liberties are protected equally for all
• Substantive

  Negative: The Windrush Scandal

  Evidence: Based on Immigration Acts of 2012 and 2014 aimed to create 'hostile environment' for illegal immigration UK residents wrongly detained, denied legal rights and threatened with deportation

  Link to theory: Laws were applied in ways that led to unequal and unfair outcomes of a specific group of people

  Contradicting Rawls' principle of fairness and the equal protection
• Procedural

  • Concerns the fairness and transparency of the processes by which laws are enacted and enforced
  • Procedural justice is ensured through the right to a fair hearing and the presumption of innocence until proven guilty
• Procedural

  Positive example: The Criminal Procedure Rules

  Evidence: (R v Boardman) shows importance of a fair trial,

  Link to theory: Linked to Aristotle's concept of corrective justice, ensuring that the process by which decisions are made is just, not just the outcome
• Procedural

  Negative example: Stop and Search Powers: Police and Criminal Evidence Act 1984

  Evidence: Macpherson report clear core conclusion of racist stereotyping. Countrywide disparity of stop and search figures

  Link to theory: Aristotle's emphasis of fairness and equality before the law, application of stop and search powers often faces criticism for procedural injustice due to unequal application and potential bias

  Challenging the principles of fairness advocated by Rawls
• Distributive

  • Deals with the equitable allocation of resources and wealth among society's members
  • The Legal Aid, Sentencing and Punishment of offenders Act 2012 (LASPO) reshaped the scope of legal aid in England and Wales, impacting access to justice for various civil cases
• Distributive

  Positive examples: National Minimum wage Act 1998

  Evidence: Reduced wage inequality and poverty among the lowest paid workers, providing a more equitable distribution of income

  Link to theory: Rawls' principle of ensuring fairness and improving the condition of least advantaged
• Distributive

  Negative example: Legal Aid, Sentencing and the Punishment of offenders Act 2012 (LASPO)

  Evidence: Significant drop in the number of civil legal and cases. EG Family law cases with the legal aid fell by about 80% in the first year after the Act was passed

  Link to theory: Marx says distributive justice focuses on the equitable distribution of resources

  LASPO critiqued from this perspective. Cuts in legal aid impacted ability of disadvantaged groups to access legal services. Affecting the equitable distribution of justice
• Social

  • Relates to fairness in opportunities, rights, and status within a society
  • Equality Act 2010, promotes social justice by prohibiting discrimination on various grounds, including race, gender and age
• Social

  Positive example: The Human Rights Act 1998

  Evidence: Ensures individuals' rights can be defended in the UK courts: Mandates public bodies to treat everyone with equality and fairness

  Link to theory: Supports Rawls. Ensures that basic liberties are equally protected, and aligns with Nozick's emphasis on individuals rights. Principle of fairness and equality
• Social

  Negative example: Ban on Euthanasia and the assisted dying

  Evidence: Terminally ill individuals are unable to legally end their lives, possibly leading to prolonged suffering

  Link to theory: Contrasts with Rawls principle of autonomy and liberty of the Individual. Challenges Nozick's view on self ownership and right to make decisions about one's own body
• Corrective

  • Involves rectifying or injustices that have been inflicted on an individual or group
  • Compensation awarded to a victim of medical negligence serves as an example of corrective justice. Aiming to resotre the victim's situation
• Corrective

  Positive example: Compensation Act 2006 and defences like contributory negligence and volenti

  Evidence: Act allows for claims when someone suffers harm due to another's breach of duty. Defences ensures fairness in determining liability

  Link to theory: Embodies Aristotle's corrective justice by seeking to restore balance based on the actions and responsibilities of all parties.

  Aligns with Rawls' principles of fairness in societal arrangements, ensuring that the justice accounts for individual actions and consents
• Corrective

  Negative example: Limitation periods in tort law

  Evidence: Sets time limits within weeks a claim must be made. 6 years for contract claims, 3 years for personal injury

  Prevent individuals from seeking redress for wrongs experienced if they only become aware of the harm or its extent after the limitation period has expired
• Corrective

  Negative example: Limitation periods in tort law

  Link to theory: Conflict with principles of corrective justice as outlined by Aristotle. Aim to rectify wrongs and restore balance

  Potentially undermines the fairness in the legal process highlighted by Rawls. Limiting access to remedies for injustices based solely on the passage of time