Q9

• Justice 


  Definition- justice is described by synonyms such as fairness, equality or even handedness, there's three different theories

  1. Disruptive Justice- concerned with the fair allocation of the benefits e.g. money, property, responsibility, the theorist of this is Thomas Aquinas who argued the idea of fair allocation of goods was governed by the principal of dupe proportion meaning people receive what they are due by merit
• Justice p2

  2) utilitarianism- the doctrine that actions are right if they are useful and benefit the majority, theorist of this is Jeremy Bentham who argued the more action increases overall happiness, the more valuable it is, and the more it decreases happiness, the more reprehensibility it is. He also said the maximising happiness is the key object of justice.
• Justice p3

  3) Social justice the ability that people have to realise their potential in society, concerned with everyone having equal rights, theorist John Rawls he said each person would have equal rights to schemes of basic liberties and that social and economic inequalities exist but only where they benefit the least advantaged members of society and provide that all positions are open to everyone
• Justice p4

  Extent to which the law achieves justice (say why, examples create equality )

  • Procedure justice- concerned with making an implementing decisions according to fair processes e.g. legal aid allows everyone to access justice (apart from family cases where there is no legal aid)
  • Corrective justice- when law restores imbalance that's occurred, negligence, the aim of compensation is to put claimant in pre-tort position contributory negligence can reduce award (Jebson v ministry of defence )
• Rules and theories of criminal law

  Fundamental principle- act isn’t guilty unless mine is also guilty, most crimes require AR and MR

  • Defending a crime (removing liability) can lead to a not guilty verdict due to capacity defences where MR isn’t formed (insanity, automatism), or necessity defences where MR is formed but D has a reason for doing so (self defence, duress)
  • proving criminal liability- 1) burden of proof, D is innocent until proven guilty, prosecution responsibility to prove d is guilty 2) standard of proof, prosecution must provide evidence of Ds guilt beyond reasonable doubt
• Rules and theories of criminal law

  maximum certainty- decisions made according to legal rules e.g. the lawful, main citizens can ensure they behave lawfully and protect them from Arbitary state power

  • correspondsnce- the result d intends/ foresees should match the result that actually occours, d shouldnt be held liable for an act unless they mean to do it/knowingly run risk of it S47, s20 and unlawful act manslaughter are criticised for lack of correspondence
• Fault p1


  Definition- idea that a person should be held responsible for their wrongdoing however the dictionary definition of fault is blameworthiness

  • criminal law has a fault based liability, in order to be liable for a crime there must be proof that ds at fault (to some degree of blameworthiness) based on a agree if blameworthiness (levels of intent) their sentence will reflect it
  • defences such as intoxication or insanity show lack of intent so their held as less at fault
  • AR must be voluntary, when it isn’t the lower level of MR is reflected in sentencing eg automatism (Hill v Baxter)
• Fault p2 


  Causation is essentially a test for fault R v Padgett bf wasn’t seen as the cause of death so not at fault

  • tort law of negligence- requires C to prove D failef to meet standards of care, essentially C must prove D was at fault for their injuries/property damage, British railways v Herringdon BR at fault due to gap in fence so kids played on the track
  • strict liability, doesn’t reflect fault eg harrow lbc v shah and shah, rylands v fletcher not at fault but still liable
  • crim liability can depend on chance eg egg shell skull mag result in liability beyond whats expected (Blaue)
• Fault p3


  contract law- fault is reflected in the breach of a contract