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Achieving Justice, Law and Justice - Coggle Diagram

- - - - This was because previous precedent confirmed that the wife, having vowed to obey him, became the husband's property
        
        Followed rules of was procedurally just but substantively unjust as it led to unfair outcomes
    - - Procedurally just as consistent outcome
  - - - No man can be a judge in his own cause
  - - - s.242 Investigatory Powers Act 2016
  - - - Even those who qualify may be unable to find a provider - in 2018 the BBC discovered that over a million peoplet live in area with no legal aid law firms
        
        Number of people receiving legal aid has fallen by 80% in the last 8 years, This means people are arguably being fenied legal representation in cases where the otherside can afford one
        
        In some cases. legal aid had been denied where the case related to taking a persons child into care, leaving the party to represent themselves
        
        Contrary to rule of law where there should be equality before the law
    - - Defence of duress and necessity do not extend to murder, the courts preferring a morally absolute view. In Dudley & Stephens the defence of duress failed because they had committed murder and ate him
        
        Howe defence of duress failed because law could not allow a man the right to take an innocent life instead of his own; rather the law should set a standard of heroism
        
        Some argue that this is unjust as it ignores cases in which the defendant's will has genuinely been overpowered
    - - Nettleship v Weston a learner driver was judged against the standard of am experienced driver, even though this is arguably unfair when D is not capable of achieving such a standard
    - - For example , the Guildford Four served 15 years in prison for the Guildford pub bombing in 1974
- - - - Law of equity can operate to achieve substantively just outcomes where a strict application of common law principles would be unfair
  - - - If D acts without voluntary control they will be acquitted on grounds of automatism - Hill v Baxter
      - if party too intoxicated to form the mens rea for a specific intent crime such as murder, their conviction will be lowered to manslaughter
        
        Unfair tp convict without MR - R v Sheehan v Moore
- - - - Justice is absolute - it does not change depending on the situation
  - - - Although we should seek to treat people equally, we cannot make everyone equal
    - - Though state or polis should nuture the skill of practical judgement, participation in democracy and concern for the community's well-being
  - - - Duties are imperatives as either hypothetical and categorical.
        
        Hypothetical imperatives come from goal
        
        Categorical imperatives, spur us to act for the sake of the act itself and are universal
        
        Kant's categorical imperatives require us to act as if our values should apply to everyone. We should follow these regardless of out own desires or the potential outcomes
        
        We should not steal because it is wrong to do so rather than just in order to avoid jail
    - - acting for other reasons not considered
  - - - State should not interfere with property owned by its citizens; to do so would be unjust
        
        Stare should only perform the most basic of functions such as protecting our safety and providing justice
        
        Taxation itself is unjust as it interferes with individuals rights ; a just society is one which least interferes with the rights of the individual
        
        Redistrubiton of wealth and state interference would be unjust as it would interfere with individual basic rigjts
    - - For example an employer would have the freedom to determine the operation of his business but this may result in unfairness for his workforce
  - - - An action is just if produced the greatest good for the greatest number
  - - - Tyranny of the majority
      - Stefan Kiszko man falsely imprisoned
  - - - Argues that such free and rational person would accept an initial position of equality
        
        The principle of justice, or fairness, should reguate all further agreements including specifying the types of social cooperation that can be entered into and forms of givernement that can be established
        
        Fairness is fundamental to justice
    - - Differs from utilitarism Bentham as recognises the importance of individual rights
        
        Would see success of wealth of doctor for example as acceptable as his work benefits the least advantaged
        
        Rawls is not prepared to sacrifice individual rights for what utilitarian would see as the greater good
  - - - All laws within a capitalist society are therefore unjust because they support one class oppressing the class below them
    - - Law is a tools where the wealth exploit the poor
        
        Distributive justice
    - - Therefore the redistributive of wealth and state interference would be unjust as it would interfere with individual basic right