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Law and justice (Four main aspects to this topic (The main types of…
Law and justice
Four
main aspects to this topic
The main types of justice that have been identified
The theories of justice and their relationship to law
Defining justice and it's relationship to the law
The extent to which substantive legal rules, legal institutions and processes in the English legal system achieve justice - or create barriers to justice
Defining justice and its relationship to law
Who has spoken about?
Greek
philosopher,
Aristotle
, defined justice as equating to
fairness
The
Roman
jurist,
Ulpian
pointed out the links in language between law and justice (the word 'law' derives from the Latin word
Jus
as applied in
Roman law
Are they interchangeable?
The English legal system talks of 'criminal justice' and 'civil justice'; principles of 'natural' and 'equity' are applied.
However, the law can be described as 'just' or 'unjust', this suggests a difference between the two.
Quotes about justice as an aspiration of law
"If people are to feel a sense of obligation to the law, then the law must correspond, as near as may be, to justice."
Lord Denning
Justice is "the measure of the law's virtue"
J.W Harris
Is there a
solution
to the difficulties of defining justice?
Instead of defining justice itself, it may be
easier to define its opposite
Miscarriages of justice
By highlighting what has gone wrong, our
*expectations of justice
within the justice system are underlined
Examples
of miscarriages of justice
Timothy Evans
Timothy Evans was
wrongly convicted
of murdering his wife and child. He was
hanged
, based on evidence of real murderer, Christie.
Derek Bentley
Convicted of murder of a policeman on the basis of 'joint enterprise' though shot was fired by Chris Craig, aged 16
Those falsely convicted of IRA pub bombings
Stefan Kiszko
Convicted of murder and rap of child,,,later on cleared.
Miscarriages of justice describe a failure of the law to deliver
just results
and has become
associated with cases in which people have been wrongly imprisoned or hanged
.