Law And Justice Essay Aqa

One only has to think of the totalitarian regime in Iraq and Russia under Stalin where law was simply a means of repression not justice.

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Marx believed that the law is made to protect the middle class and their property from the working class. Utilitarian's ( Jeremy Bentham and John Stuart Mill) is based on a principle of utility, approving every action that increases human happiness and this approving every action that diminishes it.

A law is just if it results in a not gain in happiness even at the expense of minorities. Formal or Procedural Justice which concerns the mechanism by which decisions are made.

The whole issue of euthanasia illustrates the problem of defining the connection between law and justice, as natural theorists would believe ethically it’s just, and people like Professor Rawls believe it is unjust because it doesn’t benefit everyone.

Connections between law and justice can be examined by looking at the law on intoxication.

Concrete or Substantive Justice which is more concerned with the end result. Conclusion For example Sally Clark whose babies died was finally acquitted of their murder as medical evidence had not been discovered and inappropriate conclusions had been drawn.

Many of the reasons for the miscarriages of justice pre-date the Police and Criminal Evidence Act (PACE).

The Court of Human Rights was against her as having Pretty’s case as an exception to the current law would open floodgates to other cases.

Both examples illustrate the connection between law and justice and the difficulty the law has with following procedural justice Substantive justice is the idea that something is just if the inherently fair.

Sir John Salmond defined law as the principles used in the administration of justice.

Justice is more difficult to define than law, basically it can be viewed as the principle of fairness, however this leads to the discussion of what fairness means This has led to many differing definitions of justice being put forward.

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