Discuss the meaning of justice. Critically analyse the extent to which the law is successful in achieving justice, and discuss the difficulties which is faces in seeking to do so
Discuss the meaning of justice. Critically analyse the extent to which the law is successful in achieving justice, and discuss the difficulties which is faces in seeking to do so. (30 marks + 5 AO3)
Justice is central to our law. Most would agree the law should be just, but justice is not easy to define. The concept has been studied by many philosophers all of whom have their own theories of what a just society should be.
Aristotle, a Greek philosopher, was born 384 years before Christ (BC). He separated justice into two parts – distributive justice and corrective justice. Distributive justice is concerned with the fair distribution of society’s wealth. He went onto say that this wealth should be spread according to merit and an individual’s contributions into society. So this system relies on giving to those who have contributed in some way rather than to those who are needy. Aristotle said that distribution on the basis of people needs merely rewards the lazy and so would be unjust. Corrective justice he said, is needed to ensure that individuals can keep their entitlements. He believed that if someone is to steal from another the court should ensure that the offender does not gain and the victim does not lose out. This idea can still be seen in areas of law such as compensatory damages for negligence.
Aristotle also had other controversial views. He believed that people where either suited by nature to be slaves or masters and this was seen by a matter of fit. He thought that children who were born into families of slaves were suited to carry out that role. Aristotle also believed that women where inferior to men as they are ‘colder’ and lack the ability to produce semen and so he viewed them as ‘infertile men’. He went onto say that women belong in the home and should be ruled by men who were superior. Our law today prohibits discrimination on grounds of sex so these ideas are no longer acceptable to us.
Thomas Aquinas, born in 1225, was a theologian
Justice is central to our law. Most would agree the law should be just, but justice is not easy to define. The concept has been studied by many philosophers all of whom have their own theories of what a just society should be.
Aristotle, a Greek philosopher, was born 384 years before Christ (BC). He separated justice into two parts – distributive justice and corrective justice. Distributive justice is concerned with the fair distribution of society’s wealth. He went onto say that this wealth should be spread according to merit and an individual’s contributions into society. So this system relies on giving to those who have contributed in some way rather than to those who are needy. Aristotle said that distribution on the basis of people needs merely rewards the lazy and so would be unjust. Corrective justice he said, is needed to ensure that individuals can keep their entitlements. He believed that if someone is to steal from another the court should ensure that the offender does not gain and the victim does not lose out. This idea can still be seen in areas of law such as compensatory damages for negligence.
Aristotle also had other controversial views. He believed that people where either suited by nature to be slaves or masters and this was seen by a matter of fit. He thought that children who were born into families of slaves were suited to carry out that role. Aristotle also believed that women where inferior to men as they are ‘colder’ and lack the ability to produce semen and so he viewed them as ‘infertile men’. He went onto say that women belong in the home and should be ruled by men who were superior. Our law today prohibits discrimination on grounds of sex so these ideas are no longer acceptable to us.
Thomas Aquinas, born in 1225, was a theologian