Law and Justice

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Definitions:

Law: 'the body of principles recognised and applied by the state in administration of justice' - Salmond

Upheld by punishments and reprimands that are given when someone breaks the law e.g. someone who committed a murder would be given the mandatory life sentence if convicted. 

Justice: Sir John Salmond - 2 types of justice- Substantive and Procedural justice 

Substantive is the laws themselves and Procedural is how the laws are applied.

Theorists have different views on what justice is: Marx - Socialist believes everyone should be given the same rights and access to justice no matter what their social status is. Bentham - Utilitarianism - would say as long as the majority are happy that would be justice.

Procedural Justice:

Corrective Justice: shows the law seeks to achieve justice

Jebson V Ministry of Defence (2000) - The defendants were awarded some of their damages back as the victim played a part in the consequence as he was drunk - This is an example of the law aiming for justice

Social Justice: 

Everyone in the UK is entitled to legal aid and are allowed access to the law. 

Everyone is allowed to have representation in court, however, many cannot afford that luxury as it's expensive. Marx would argue that everyone should be allowed representation no matter their wealth. 

Criminal Process: 

R V Ponting - D broke the Officials Secret Act in relation to the sinking of the Belgrano

The judge said that just because what he said was in the public interests it is not a defence.

Jury acquitted the defendant as they believed it was the right thing. 

The outcome of this trial could be just or…

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