law and justice

• Law and Justice


  The idea of fairness and equality.

  Justice is served through the way it seeks to punish wrongs and protect peoples' rights.

  We expect justice to be served throughout our legal system by ensuring that similar cases are treated in a similar way, that impartiality is used within the legal profession and acting in good faith.
• Distributive Justice


  The fair allocation of the benefits and responsibilities of life
• Utilitarianism


  Maximising happiness should be the object of justice
• Social Justice


  Equal justice in all aspects of society
• Key Thinkers on Distributive Justice

  • Aristotle
  • Thomas Aquinas
  • Karl Marx
  • Chaim Perelman
• Aristotle's View of Justice

  To achieve justice, we need proportionality and achieving the 'middle way' (i.e., the balance between extremes).

  A just state will distribute wealth based on merit and contribution. This system is proportionate (the worthiest, rather than the neediest, receive the biggest share)
• Thomas Aquinas' View of Justice

  Justice governs our relationship with others as they deserve. Justice ensures the fair allocation of goods and responsibilities across a community. This means people receive what they are owed (due to merit, ranking and need)
• Karl Marx's View of Justice

  Achieving justice means to maximise your full ability, but everyone will receive what they need irrespective of personal contribution.

  This is heavily criticised as being unjust.
• Chaim Perelman's View of Justice

  Each person should be treated in a manner they deserve. This is consistent with social democracy and liberal society.

  Identified that there are several ways of defining justice and it is dependent on a person's subjective values
• Chaim Perelman's 6 Principles of Distributive Justice

  • Justice based on merits - each person is treated in the manner they deserve, good is rewarded, bad is punished.
  • Justice based on needs - the welfare system allocated resources according to means-tested system.
  • Justice based on work-effort - measure individual's rewards according to their contributions
  • Justice based on equality - every person receives the same.
  • Justice based on rank - those in higher positions or those who are older should have more allocation of resources.
  • Justice based on legal entitlement - justice is based on rights.
• Jeremy Bentham's View of Utilitarianism

  The more something increases happiness, the more valuable it is. Maximising happiness should be the objective of justice.

  'Utility' - what makes an action right or wrong depends on its usefulness, value or consequence.

  This is often criticised as sometimes individual happiness might have to be sacrificed for the wider community happiness.
• John Stuart Mill's View of Utilitarianism


  Actions are right 'in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness'. However, there needs to be a focus on the quality of happiness, rather than quantity.

  Respecting people, property and rights, as well as being aware to treat people in good faith not only helps promote happiness, but also helps to promote justice. It could be argued that punishing wrongdoers promotes greater happiness in the wider community.
• Act Utilitarianism


  The rightness of an act is judged in isolation to see whether it adds to, or subtracts from, the sum of human happiness
• Rule Utilitarianism


  The rightness of an act is judged according to whether the sum of human happiness would be increased if everyone acted in the same way
• John Rawls' View of Social Justice

  Justice is fairness. We need society to operate behind a 'veil of ignorance'. Therefore, all benefits and burdens need to be distributed justly and fairly.

  Achieving this would mean that every person would have an equal right to the most extensive scheme of basic liberties. Social and economic inequality would only exist where it benefits the least advantages in society and there is still every opportunity to move past this inequality.
• Robert Nozick's View of Social Justice


  Justice can be acquired, transferred and rectified where there has been injustice. For example, if someone acquires property through fraud or theft, there should be a system to remedy this injustice.

  State interference should be kept to a minimum to help achieve a just society (i.e., this can be seen through the privatisation of state-owned facilities and a reduced in the welfare state). State interference should be restricted to protecting individuals against force, theft/fraud and enforcing contractual obligations.
• 3 Main theories of justice

  • Distributive justice
  • Utilitarianism
  • Social Justice
• Procedural justice


  This is concerned with making and implementing decisions according to fair processes.

  Legal aid is an important part of social justice, and it helps people access their right to justice. However, the availability of legal aid funding if dwindling (e.g. the removal of aid for 'social welfare law' which includes benefits, employment, housing, immigration and family). This therefore impacts a person's right to a fair trial and there are concerns about increased risks of miscarriages of justice.
• Corrective Justice


  This is where the law restores the imbalance that has occurred between individuals or an individual and the state (through sanctions/damages).

  Courts will consider the aim of the sentence (e.g. punishment, deterrence, rehabilitation).

  Trials that include a jury allow for subjective views to accompany the rules of the law - e.g. Ponting.

  Evidence of previous convictions will not be considered unless it related to the facts of the case.

  Parties in a trial have a right to appeal if they are unhappy with the verdicts.
• Substantive justice


  This states that the content of the law must be just.

  This means ensuring that the sentence that is given is proportionate to the crimes that have been committed.

  Murder - mandatory life sentence.

  Manslaughter - up to life.

  Defences are a key method in ensuring that justice is served (e.g. self defence).
• Natural justice - Impartiality


  The courts need to be impartial and seen to be impartial too.

  Personal opinion and interest is irrelevant within the Courts system, and judges to refrain from including this within their judgements.

  Case - Pinochet Case
• Natural justice - A fair opportunity to present your case

  Each party should be given an equal and fair opportunity to present their side of the case.

  Case - Ridge v Baldwin