Justice

• What is justice defined as?

  A moral ideal that the law seeks to uphold in the protection of rights and punishment of wrongs
• What are the three theories of justice?

  Distributive justice

  Utilitarianism

  Social justice
• What did Karl Marx say about distributive justice?

  Justice is achieved where all of us will contribute to society in the role we're strongest at, which is distributed to everyone according to who needs it most
• What is distributive justice also known as?

  'Equal' justice
• Which theorist can support distributive justice?

  Marx
• What did Mill say about utilitarianism?

  Justice includes respect for others, as well as good faith and impartiality - bringing the greatest happiness to the greatest number
• What is utilitarianism?

  Actions are right if they benefit the majority, meaning individual needs can be sacrificed if it benefits the greater good
• What is social justice?

  Having the opportunity to reach your ability; an equal playing field
• Which theorist can support social justice?

  Nozick
• What did Nozick say about social justice?

  Property justly acquired may not be appropriated as a form of redistribution of wealth
• What are the 4 ways the law achieves justice?

  Procedural justice

  Corrective justice

  Natural justice

  Substantive justice
• To what extent does procedural justice achieve justice?

  Procedures are in place to ensure justice is achieved; police, courts, appeals systems, etc.
• To what extent does corrective justice achieve justice?

  Focus on providing a fair remedy:

  • Correcting the crime - sentencing
  • Correcting the tort - damages
• What are the two principles of natural justice to help it achieve justice?

  1 . Courts must not only be impartial, but must be seen to be so (Pinochet)

  2 . Each party must have a fair opportunity to present his own case and to answer the case of his opponent (Baldwin)
• To what extent does natural justice achieve justice?

  Follows the two principles to protect the interests of individuals against arbitrary decisions
• What are two ways substantive justice does/doesn't achieve justice?

  Mandatory life sentence

  Defences
• To what extent does the mandatory life sentence achieve justice?

  Those convicted of murder serve mandatory life - seen as just

  In some cases it may be unjust though; Cocker - disproportionate punishment b/c doesn't allow for proportionality

  Justice better served when allowing judges/magistrates to pass sentences they feel are most appropriate
• To what extent do defences achieve justice?

  Partial defences limit liability and complete defences excuse liability altogether - just

  However, favourability for loss of control/diminished responsibility over duress - unjust

  Duress not available for murder/attempted murder - unjust (Gotts)