Justice

John Austin- superior to inferior

Professor H.L.A. Hart- five elements

OED definition of justice

Lord Wright definiton of justice

My version of justice

Justice in conformity- stare decisis

R v R 1991

Two types of justice; formal/procedural and substantive/concrete

Explain formal justice

Natural justice

Explain substantive justice

Example of conservative party favouring formal justice

Four main schools of thought; natural law, positivism, utilitarianism, economic analysis

Explain what natural law is

Aristotle's belief

Explain distributive justice- proportionality rather than equality

Explain corrective justice- individuals keeping to their entitlement

Thomas Acquinas (13th century) statement about what is just law and what is permissable

Explain positivism and Kelsen's beliefs

H.L.A. Hart believes like cases should be treated alike- law and morality separate

R v Reeves 1964

Explain theory of utilitarianism and Jeremy Bentham's ideas on max happiness

19th century theory mainly developed by Bentham and John Stuart Mill

Example of utilitarianism in NHS- felicific calculator

Explain economic theory

Difference in capitalist and socialist views on interference

Robert Nozick's 'Anarchy State and Utopia'- minimal rights for state to interfere

Argued you can't have both liberty and equality in society

Karl Marx- capitalism is an unjust philosophy

Re B 1996

Justice and the legal system- royal courts

Marx and Nozick's disagreement on law as unjust/just

Procedural justice in law- fair trial explain

Congreve v Home Ofiice 1976

Development of judicial independance and impartiality- ultra vires

Looking at judicial review so everyone is held accountable

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