This is a 22-page student Handout/Worksheet on the various theories of Justice.
Written by an experienced Examiner in Law and used with classes with excellent results.
A summary of the Handout is below:
- The document discusses various legal cases and theories of justice, exploring different perspectives on fairness and legal principles.
- Case of Reeves: Two men convicted of receiving stolen goods received different sentences; one was fined £25 in the Magistrates’ Court, while the other, who elected for a jury trial, was sentenced to nine months in prison but was released after serving three months due to the perceived disparity in sentencing.
- Perelman’s Justice Theories: C. H. Perelman identified six meanings of justice, including formal and substantive justice. His ideas emphasize the importance of following correct procedures and ensuring that the rules themselves are just.
- Beycan Case: The Court of Appeal quashed Beycan’s conviction for supplying heroin because he was not informed of his right to legal advice, violating Perelman’s principles of justice.
- Promissory Estoppel: Lord Denning introduced the concept of promissory estoppel in the case of Central London Property v High Trees House to ensure substantive justice, preventing a party from going back on a promise if others have relied on it in good faith.
- Aristotle’s Justice: Aristotle’s theories of distributive and corrective justice are illustrated through cases like Jebson v Ministry of Defence and Beswick v Beswick, emphasizing proportionate compensation and restoring balance.
- Utilitarianism: Utilitarianism, associated with Jeremy Bentham and John Stuart Mill, focuses on maximizing happiness for the greatest number, but it faces criticism for potentially justifying immoral acts if they increase overall happiness.
- John Rawls’ Theory: John Rawls’ theory of justice emphasizes fairness through the ‘veil of ignorance’ and includes the principles of liberty and the difference principle, which aims to benefit the least well-off members of society.
The Handout contains questions and exercises throughout and gives a thorough examination of the topic.
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