The Nature of Law
Topics:
- Law and Justice
- Law and Morality
- Law and Society
- Criminal theory
- Tort theory
- Contract theory
Law and Justice
Definition: Lord Lloyd justice 'is a moral value... in order to attain the good
life.'
Where is justice found? Perelman: to each according to their work,
needs, merits, rank, legal entitlement, to each equally.
Example: Berriman.
Types: Procedural/formal - law must follow fair rules. Substantive - law
must treat individuals fairly/fair outcome.
Concepts
Law and justice are synonymous: 'Unjust law is not law' - lex injusta non est lex.
Natural justice.
Law and justice are linked: Rule of Law - people are subject to (fair) laws.
Aristotle - says that law should achieve distributive and corrective justice.
Example: distribute wealth based on merit/must be proportional. Limitation:
doesn't account for people who cannot work, like with some disabilities.
Promotes individual justice:
Kant - promotes moral justice, says that law should be based categorical
imperative and treat everyone individually with respect and dignity. Example:
human rights (European Convention on Human Rights). Limitation: difficult in
practice because it can lead to absurd situations where you promote one
person's rights over another.
Rawls - promotes social justice, says that law should promote equality and
liberty regardless of circumstance by applying the 'veil of ignorance'. Limitation:
purely hypothetical as it is impossible to restart society.
Versus promotes group justice:
Bentham - promotes utilitarianism, says that law should achieve the greatest
good for the greatest number. Limitation: disregards human dignity and
individual rights.
Promotes equal distribution:
Topics:
- Law and Justice
- Law and Morality
- Law and Society
- Criminal theory
- Tort theory
- Contract theory
Law and Justice
Definition: Lord Lloyd justice 'is a moral value... in order to attain the good
life.'
Where is justice found? Perelman: to each according to their work,
needs, merits, rank, legal entitlement, to each equally.
Example: Berriman.
Types: Procedural/formal - law must follow fair rules. Substantive - law
must treat individuals fairly/fair outcome.
Concepts
Law and justice are synonymous: 'Unjust law is not law' - lex injusta non est lex.
Natural justice.
Law and justice are linked: Rule of Law - people are subject to (fair) laws.
Aristotle - says that law should achieve distributive and corrective justice.
Example: distribute wealth based on merit/must be proportional. Limitation:
doesn't account for people who cannot work, like with some disabilities.
Promotes individual justice:
Kant - promotes moral justice, says that law should be based categorical
imperative and treat everyone individually with respect and dignity. Example:
human rights (European Convention on Human Rights). Limitation: difficult in
practice because it can lead to absurd situations where you promote one
person's rights over another.
Rawls - promotes social justice, says that law should promote equality and
liberty regardless of circumstance by applying the 'veil of ignorance'. Limitation:
purely hypothetical as it is impossible to restart society.
Versus promotes group justice:
Bentham - promotes utilitarianism, says that law should achieve the greatest
good for the greatest number. Limitation: disregards human dignity and
individual rights.
Promotes equal distribution:
