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

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Theories of justice
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Aristotle's 2 key concepts of justice

Distribution and proportionality

Proportionality in human rights law requirement

Restrictions must be proportionate & achieve legitimate aim

Aquinas's approach to justice

Natural law & justice as fairness

Bentham's utilitarian principle

Greatest happiness for the greatest number

Utilitarian tension re: individual vs collective

May sacrifice individual good for collective good

R v Brown (1993) ruling

Society's interest outweighed individual autonomy/choice

Marx's view on laws in capitalist society

All laws are inherently unjust

Nozick's entitlement theory focuses on

How property is acquired, transferred & rectified

Nature of whether law achieves justice

Subjective - depends on perspective applied

Lord Denning's view on judge's role

Do justice between parties, even if changing law needed

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