lozzipops_87
Member
can someone pls give me a definition of justice or at least the concept of justice because i no its hard to define. thankyou! pls write back
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justice (1 Viewer)
- Thread starter lozzipops_87
- Start date
Aimz- Lou.
Member
- Joined
- Feb 28, 2005
- Messages
- 148
Hey. The Heinmann textbook defines it as "a decision that is good and fair according to universal principles...."
But that's really broad.
I found this when I googled it:
"the administration of law; the act of determining rights and assigning rewards or punishments."
I don't know if that will help, so here are the characteristics of a just law:
It treats all people equally:
- Negative: Equality before the law does not always equate to equality of opportunity or outcome.
- This refers to the concept of Natural Justice, and the Rule of Law.
Is based on generally held religious or ethical precepts:
- Basic crimes such as murder and theft are founded in the bible.
- The swearing in of witnesses includes the phrase “So help me God.”
- Contemporary laws generally tend to be based on ethical precepts rather than religious.
It is utilitarian.
- This refers to the concept that the law should provide the greatest possible good for the greatest possible number.
- Would appear to be just and necessary, but can lead to discrimination or inequality.
- The concepts of “happiness” and the “greatest good” are not clearly defined.
- Example: six men are happy, five women are not. Is this utilitarian?
Consensus and social cohesion:
- Democracy.
- Generally require a majority or consensus to be passed.
- Stress of a general consensus.
General principles to be mitigated in individual cases:
- Attempts to treat all people equally.
- Same penalty for the same crime.
- Discretion and mercy for the accused.
- Provides equality, but not necessarily equity.
Aims to redress inequality:
- Affirmative action statutes.
- Requires certain societal groups to be positively benefited, in a form of reverse discrimination.
Leaves people free:
- The law will impose sanctions on those who commit crimes, but will leave the others free.
Recognition of material resources:
- Finite material resources.
- These must be recognised.
- Victim’s compensation scheme.
Invoked without delay:
- Should deal with a problem or a dispute straight away.
- This is not always possible due to practical and financial restrictions.
I hope that is helpful.
(And good luck tomorrow!)
But that's really broad.
I found this when I googled it:
"the administration of law; the act of determining rights and assigning rewards or punishments."
I don't know if that will help, so here are the characteristics of a just law:
It treats all people equally:
- Negative: Equality before the law does not always equate to equality of opportunity or outcome.
- This refers to the concept of Natural Justice, and the Rule of Law.
Is based on generally held religious or ethical precepts:
- Basic crimes such as murder and theft are founded in the bible.
- The swearing in of witnesses includes the phrase “So help me God.”
- Contemporary laws generally tend to be based on ethical precepts rather than religious.
It is utilitarian.
- This refers to the concept that the law should provide the greatest possible good for the greatest possible number.
- Would appear to be just and necessary, but can lead to discrimination or inequality.
- The concepts of “happiness” and the “greatest good” are not clearly defined.
- Example: six men are happy, five women are not. Is this utilitarian?
Consensus and social cohesion:
- Democracy.
- Generally require a majority or consensus to be passed.
- Stress of a general consensus.
General principles to be mitigated in individual cases:
- Attempts to treat all people equally.
- Same penalty for the same crime.
- Discretion and mercy for the accused.
- Provides equality, but not necessarily equity.
Aims to redress inequality:
- Affirmative action statutes.
- Requires certain societal groups to be positively benefited, in a form of reverse discrimination.
Leaves people free:
- The law will impose sanctions on those who commit crimes, but will leave the others free.
Recognition of material resources:
- Finite material resources.
- These must be recognised.
- Victim’s compensation scheme.
Invoked without delay:
- Should deal with a problem or a dispute straight away.
- This is not always possible due to practical and financial restrictions.
I hope that is helpful.
(And good luck tomorrow!)