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Law and Justice Essay

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Law And Justice Justice is hard to define, as it means differently to different people. Generally, it means fairness and equality. The dictionary definition would be the upholding of rights and the punishments of wrongs, by law. There are different doctrines relating to justice. Rules of Natural Justice are meant to ensure that trials are fair and that both parties must have the opportunity to put their case forward and to have both sides of the story, an example of this is seen, in R v Bingham where defendant was convicted after a chair of magistrates said that he always believed a police officer in cases where evidence consisted of a policeman's word against defendant's. Aristotle taught that fairness is the basis of justice that we find in two forms. Distributive Justice regarding the allocation of assets where the aim of justice is to achieve proportion. ...read more.


Its functions should be limited to the basic needs such as protecting the individual against force, theft and fraud. The problem with this theory is that some can not afford training for a good job. Marx believed that the law is made to protect the middle class and their property from the working class. He thought everyone should be equal. 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. There are two types of justice. Formal or Procedural Justice which concerns the mechanism by which decisions are made.Concrete or Substantive Justice which is more concerned with the end result. ...read more.


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). It widely recognised that ( PACE) provides safe guards during police questioning by strict Codes of Practice that is published in 38 languages. Criminal Cases Review Commission was set up in 1995. When miscarriages like Birmingham Six and Guilford Four had raised doubts about the appeal system. In my opinion, laws and justice will be up to debate and so many different views will clash with the law held. Many people will accept that justice should be the aim of any legal system. Nevertheless, some legal systems exist without any apparent notion of justice. 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. ?? ?? ?? ?? Alexandra Popovici ...read more.

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