Law and Justice Flashcards

Vocabulary flashcards for Law and Justice review.

utilitarianism

theory that actions are right if they are useful or for the benefit of a majority.

Law (Sir John Salmond definition)

The body of principles recognised and applied by the state in the administration of justice.

Justice (Plato's view)

Harmony between the different sectors or classes in society; an overarching virtue of both individuals and societies.

Justice (Thomas Aquinas' definition)

Governing our relationships with other people, and the constant willingness to deal with other people as they deserve.

Distributive Justice

Requires a fair apportionment of resources and burdens within a society, giving people their fair share.

Corrective Justice

Requires the putting right of wrongs; in criminal law, the sentencing of offenders; in civil law, the provision of a remedy such as damages.

Procedural/Formal Justice

Requires equality of treatment, upholding the rule of law; making and implementing decisions according to fair processes.

Substantive Justice

Requires fairness in the content of the law itself.

Natural Justice

Justice should not only be done, but also be seen to be done.

Distributive Justice (Aristotle)

Distributing according to merit, with the worthiest receiving the greatest share; allocating according to need is unjust.

Distributive Justice (Aquinas)

A fair allocation of goods and responsibilities, with a moral obligation to look after the poor; people receive what they get linked to their merit, rank and need.

Distributive Justice (Karl Marx)

From each according to his ability, to each according to his need.

Utilitarianism (Jeremy Bentham)

Aim of justice is to maximise happiness. Principle of Utility – what makes an action right/wrong is the usefulness/value of the it bi

Utilitarianism (John Stuart Mill)

Actions are right if they promote happiness, wrong if they produce the reverse of happiness. Argued that punishing wrongdoers brings happiness to the greatest number.

Social Justice (John Rawls)

Basic rights are never sacrificed for the common good. Justice is fairness and every member of society would distribute its resources, as would benefits and burdens.

Social Justice (Robert Nozick)

Places no limits on private ownership. Those with rights to property have absolute right to it.

Aristotle's view on Justice

Justice means equality only for those who are equal in the first place.

Equality Types according to Aristotle

Numerical equality, where all get an equal share of resources, from proportional equality, where the goods people obtain are proportional to their entitlement.

Corrective vs Distributive Justice

Justice is dispensed by the courts to punish those breaking the law, whereas distributive justice is about doing economic justice, and is therefore a matter for law makers, depending on their ideology.

Kant on 'Good Will'

Good is not based on the specific act, but on the principle on which the act is done. Good will is good in itself, not as a result of anything else.

Kant's Imperatives

Duties, or imperatives, are either hypothetical or categorical. Hypothetical imperatives are those which come from a goal. Categorical imperatives, on the other hand, spur us to act for the sake of the act itself, and are universal.

Utilitarian View of Justice

The justness of an action is determined by its usefulness (utility). The more an action creates happiness, the more good it creates.

Rawls' View of Justice

Justice as fairness, rooted in the idea of the social contract.

Marx's View of Justice

All laws are unjust because they support a system which protects individuals with wealth at the expense of the social needs of many. True justice would see redistribution of wealth.

Trial by Jury

Trial by jury enables jury members to use their view of justice rather than stick to the rules of law and the evidence available to them.

Legal Aid purpose

Everyone has right to access justice, to a fair hearing, and understand their legal rights and obligations.

Criminal Cases Review Commission (CCRC)

Review the cases of those it feels have been wrongly convicted or unfairly sentenced.

Natural Justice

The Court must not only be impartial, but also seen to be so. Each party to the dispute must have a fair opportunity to present their own case and to answer the case of their opponent.