10) Nature of Law: Law and Justice

• WHAT IS THE MEANING OF JUSTICE?

  1. A simple idea of justice is fair and equal treatment for all. It is, or should be, the primary aim of a legal system to deliver justice.
• Main Theories of Justice:

  2. Distributive justice requires that the law should be used to ensure benefits and responsibilities are allocated fairly. What is fair depends on your point of view.

  • Aristotle, argued that a just law would distribute wealth and benefits according to a person’s contribution to society
  • Karl Marx, argued that a just law would redistribute wealth and benefits from the rich to the working class. For example, justice can be achieved by the free duty solicitor scheme in police stations.
• Main Theories of Justice:

  3. Utilitarianism requires that a just law is one which provides ‘the greatest happiness for the greatest number’. This theory was put forward by Victorian philosopher Jeremy Bentham. The interests of the individual may have to be sacrificed if that would create more happiness for the majority. For example, motoring laws limit the freedom of the motorist for the benefit of wider public safety. The problem is that it can be difficult to measure and balance different types of happiness.
• Main Theories of Justice:

  4. Social justice requires that a just law would ensure that people are able to realise their full potential, regardless of their background. In the early 1970s, John Rawls argued that everyone should have basic liberties and rights – e.g. freedom of speech and the right to own property. These rights would be inalienable.