Law and Justice

Justice literally means the quality of cosmos morally right and fair (Oxford Dictionary). Generally, one would assume that the whole go under of practice of law is to promote justice. However, there are whitethorn alter theories on this relationship and first-class honours degree, it is necessary to consider them in term of procedural and substantive justice. Procedural justice, which is favoured by the cautious company, is concerned with the methods and procedures in place for making decisions and allocating goods and services. Under the hidebound Government, as long as these procedures are fair and eitherone has an stir fate to get access to the law, the system can be seen as formally just. Nevertheless, this may head for the hills to injustice due to the pissed application of the law (e.g. stare decisis). For instance, married women earlier the turning point case of R v. R (1991), which use the Practice rumor to alter a 200-year-old rule, may be treated unju stly by the law. By having marital status, they were being denied the protection that was offered to every other woman against being raped. cover justice, in contrast, is prefer by the old Labour party which developed on the rule of equity i.e. justice in its simplest sense is found on fair and equal treatments (Eves v. Eves 1975).

The first theory of law and justice comes from natural law. It is a gothic concept since diametric mints can be taken on what the natural writer is. Aristotle believed that it could be found in spirit while St doubting Thomas Aquinas sees God as the natural souse of law. The synthetic extension of this is that it is permissible to hear the legal rule s if they fail to aline to moral laws (excl! uding the case when it would lead to social disruption). Thus, the law in a philosophy view would promote justice. Followers of this judgment would include Professor LL Fuller, sea captain Devlin or against it like Lord Hart who link the view of justice to that of morality (R v. Reeves 1964). Here, the crossing between justice and the...If you lack to get a abundant essay, order it on our website: OrderEssay.net

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