Law and justice

Theories of justice

Economic and social views of justice

Types of justice

Plato

Harmony between the different parts of society

Justice is absolute and does not change based on the situation

Aristotle

Justice means equality, but only for those who are equal to begin with

Proportional equality allows people to obtain goods proportional to their entitlement

Corrective justice: Dispensed by the courts to punish those breaking the law

Distributive justice: Doing economic justice, should be done by law makers

Justice is relative and may change depending on the situation

Kant

Good is not based on the specific act but on the principle the act was done on

Categorical imperatives require us to act as if our values should apply to everyone else

We should not steal because it is wrong not because we don't want to go to jail

Nozick

Individual freedom and liberty are
central to justice

The state should not interfere with property
owned by its citizens as that would be unjust

The state should only perform basic functions
such as protecting our safety and providing justice

Utilatarianism

The justness of an action is determined by its usefulness

The more an action creates happiness the more good It is

An act is just if it creates the greatest good for the greatest number of people

Marx

Capitalism is unjust because it protects
individuals with wealth at the expense
of the social needs of many

True justice would see a fair distribution of wealth

Procedural justice

Concerns the process by which laws are made

Example: judicial precedent, cases are treated equally but unjust outcomes can happen R v R

Substantive justice

Concerns a just end result

Example: The practice statement 1966, objective recklessness was overruled by subjective recklessness

Sentencing guidelines encourage consistency

Aggravating and mitigating factors allow for a fair outcome