Law and Justice (AQA A-Level Law): Flashcards

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Law and justice
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Justice in law

Fairness in punishing wrongs & protecting rights

Rawls' difference principle

Inequalities just if they benefit most disadvantaged

Formal justice

Independent institutions & processes without bias

Substantive justice

Content of rules producing fair outcomes

Corrective justice

Putting wrongs right, restorative not punitive

Bentham's utilitarianism

Greatest happiness for greatest number

Aristotle's justice theory

Distribution & proportionality, treat equals equally

Lindsay v Customs (2002)

Confiscating cars for smuggling disproportionate to offence

Re Pinochet (1998)

Judge's charity link created appearance of bias

R v Miller (1992)

300 questions in police interview was oppressive

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