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Principles of Justice
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Restorative Justice
An approach to justice where the response to a crime is to organize a mediation between the victim and the offender, and sometimes with representatives of the wider community. Application: Seeks to repair the harm caused by criminal behavior through reconciliation.
Retributive Justice
The principle that punishment is justified by the wrongdoing of the offender and that the purpose of punishment is to impose suffering on the wrongdoer proportional to the offense. Application: Underpins legal systems that focus on the punishment of crimes as a form of moral vengeance.
Distributive Justice
The normative principle for the allocation of goods in a society. It insists that a society's institutional mechanisms are designed in a way that delivers fair sharing of benefits and burdens. Application: Influences policies regarding taxation, welfare, and public services.
Legal Realism
The view that judicial decisions are influenced by non-legal factors, such as the political or social beliefs of judges. Application: Encourages recognition that law is not a mechanical exercise but subject to the individual discretion of judges.
Rawls's Theory of Justice
Principle proposing that social and economic inequalities are to be arranged so that they are both reasonably expected to be to everyone's advantage and attached to positions open to all. Application: Suggests laws should ensure fair equality of opportunity and adhere to the difference principle favoring the least advantaged.
Procedural Justice
The idea that the justice of a decision is connected with the fairness of the process by which the decision is made. Application: Ensures that legal decisions are made following processes that are impartial, fair, and consistent.
Legal Formalism
The principle that legal reasoning is or ought to be a mechanical process in which outcomes are determined by applying legal rules to the facts, with a heavy reliance on logic and precedent. Application: Guides judges to seek to uphold the consistent and predictable application of law.
Legal Positivism
The view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality. Application: Used to maintain a distinction between what the law is and what the law ought to be.
Utilitarianism
The ethical theory that the best action is the one that maximizes utility, usually defined as that which produces the greatest well-being of the greatest number of people. Application: Influences legislative processes to produce laws aimed at the greatest good for the community.
Natural Law
The principle that certain rights or values are inherent by virtue of human nature and universally cognizable through human reason. Application: Used to critique or justify laws based on moral arguments grounded in human nature.
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