Justice

Justice definition

A requirement for fairness and equality in the law

Natural law definition

The law and morality should reflect one another so it is allowed to break man-made laws if they don’t reflect moral laws

Natural Law theorists

Plato, Aristotle, Aquinas

Plato

Justice is an absolute value that transcends man-made laws and is a universal concept that never changes

Aristotle

Justice means equality but only for those equal to begin with. Proportionality is needed and a just state would distribute resources based on merit and virtue as rewarding the lazy is unjust.

Aquinas

God is the source of moral truths so justice requires us to treat others how they deserve. Justice results in the common good.

positivism definition

provided that the law is made using correct procedures, it should be followed absolutely

positivism theorists

Kelsen and Professor Hart

Kelsen

Law, morality and justice are separate concepts. Justice is too vague and individualistic to be represented in law.

Professor Hart

Law should be based on logical ideas that will produce correct decisions within the rules

Utilitarianism

The main purpose of law is to achieve the greatest happiness for the greatest number of people

Utilitarianism theorists

Bentham and Mill

Bentham

The most effective law achieves the greatest all-round good. Focuses on quantity of happiness.

Mill

People should manage their affairs with limited legal intervention, the only exception is when it harms someone else. Justice is the respect for people, property and rights and needs good faith and impartiality. Focuses on quality of happiness.

Mill’s belief on punishment

Punishment is evil as it involves inflicting harm or pain and can only be justified if it brings a greater benefit.

Criticism of utilitarianism

The interest of an individual may be sacrificed for the benefit of the majority

Economic view of laws

Laws must consider how to distribute scarce resources in society

Capitalist government

Minimal interference with individual rights and protective of property rights

Socialist government

Interventionist and demands equal rights and oppourtunities

Economic and social views theorists

Marx, Nozick, Rawls

Marx

Socialist who views justice as the redistribution of wealth where everyone is entitled according to their needs. Argues capitalism is unjust as it protects people with wealth at the expense of the many.

Nozick

Capitalist who saw a just society where the state has the least power to interfere with individual rights. Redistribution of wealth is unjust.

Nozick’s belief on property law

if property has been gained fairly the state should have no right to intervene

Rawls

Justice is fairness which is achieved when people act with a ‘veil of ignorance’: you don’t know who in society you are so everyone is given the same rights and freedoms. Economic and social inequalities may exist, but only when people benefit the disadvantaged (a doctor should be paid more)

Procedural justice

the fairness of the mechanisms which legal decisions are made

Corrective justice

considers how the law reverses wrongdoing and restores a fair balance between individuals (remedies in civil law) or individuals and the state (sentencing in criminal law)

Substantive justice

Considers the extent substantive legal rules produce a just result

Distributive justice

the fair allocation of resources and their distribution