This is an introduction to the complex topic of Law and Justice. It is designed to be distributed to students and it includes questions and activities and also provides a “model answer” to a common question on the topic.
The Handout is structured as follows:
- Definitions of Justice: Justice is associated with fairness, equality, and the proper administration of the law, with various perspectives provided by philosophers like Aristotle, Bentham, Rawls, and Nozick.
- Aristotle’s View: Aristotle divides justice into distributive justice, concerning the fair allocation of resources, and corrective justice, dealing with rectifying wrongs.
- Bentham’s Utilitarian Approach: Bentham’s utilitarian idea of justice aims to achieve the greatest happiness for the greatest number, though it has limitations.
- Rawls’s Theory: Rawls emphasizes fairness and equality, focusing on protecting the least advantaged members of society.
- Nozick’s Conservative View: Nozick offers a conservative alternative, focusing on individual rights and the minimal state.
- Case Studies: Several case studies illustrate the complexities of achieving justice, highlighting issues such as disproportionate punishments and the ethical implications of severe penalties.
- Barriers to Justice: Barriers include the unrepresentative legal profession, limited access to legal advice and representation, and biases in the administration of justice.
- Legal Theories’ Insights: Legal theories provide insights into the relationship between law and justice, with various definitions highlighting different dimensions like formal/procedural justice and substantive justice.
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