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Law and Justice. Law and Justice: Two different concepts. LAW Provides order in a society The Rule of Law is a supreme value Incorporates a way of resolving disputes Role is to defend persons, property and rights. JUSTICE Provides fairness and equity
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Law and Justice: Two different concepts LAW • Provides order in a society • The Rule of Law is a supreme value • Incorporates a way of resolving disputes • Role is to defend persons, property and rights. JUSTICE • Provides fairness and equity • Civil disobedience is valid if the laws are unjust and contrary to what is fair • Judges can depart from the law to do what is just and set new precedent • To be just, law must be consistent with moral law
What is Justice ? • Justice is the concept of moral rightness and fairness – treating people fairly and ensuring everyone gets what they are owed. • That being said, there is no clear definition of justice because our ideas of justice originate from our moral convictions and our values, attitudes and beliefs - all of these change over time! • There are, however, common ideas about what the characteristics of justice are.
Characteristics of Justice 1. We should treat like cases alike, and different cases differently! • We cannot apply the law equally because this can result in unjust rulings • For example: • (you would not punish a child in the same way in which you would punish an adult) • a charge of causing a disturbance is made against 2 people. One of the accused has Tourette’s Syndrome, The judge may dismiss the case with the person who has TS, but not the other.
2. We consider a law unjust if it discriminates on the basis of irrelevant characteristics • For example, not being allowed into a restricted movie is ok if you can’t provide ID to prove your age; but if you aren’t allowed in because of the colour of your eyes, hair, or skin it would be considered unjust.
3. Justice should be impartial • Laws should be applied regardless of a person’s status (ie. social, financial, etc.) • Example: • Someone who is a celebrity should not receive any special treatment just because they have celebrity status, nor should they receive undue punishments.
4. We expect the law itself to be just, in that it conforms to society’s values and beliefs. • Example: • If the federal government wanted to strengthen law enforcement by requiring all Canadians to give a sample of their DNA to be put into a registry, some people might object on the basis that this is an unfair violation of their right to privacy. The passing of this law would depend on whether society valued protection over privacy.
5. Justice should apply to both Substantive and Procedural Law • Substantive – ensures that the standard that determines whether a driver should be subject to a breath test is the same for all drivers • Procedural – stipulates that the police officer administering the test will proceed in the same way no matter who the driver is.
6. The administration of justice deals with distributive justice – the idea that there should be a fair distribution of honours and rewards by the state to the people according to merit. • This concept applies to the idea of reward and punishment • We assume that the fundamental role of law and justice should be to reward good and punish evil • Difficulties come from determining what the person deserves as their reward
just somewhat just somewhat unjust unjust James had been robbed five times. On the sixth time, he pulled out a shotgun and fired at one of the perpetrators, hitting them in the buttocks. James was convicted of assault causing bodily harm and sentences to 10 months in jail.
A man convicted of causing the death of a high-school student during a road rage incident is given permission to leave the country to visit his ailing mother before being sentenced. just somewhat just somewhat unjust unjust
A court authorized a blood transfusion to a minor, even though his life was not endangered. Blood transfusion is a practice that is forbidden by the family’s religion. just somewhat just somewhat unjust unjust
Three young drivers who were street racing caused the death of a truck driver who was forced to swerve to avoid them. Considering that the young men had no previous records and came from good families, the judge sentenced them to one year of house arrest, permitting them to work during the day. The family of the victim was outraged. just somewhat just somewhat unjust unjust
Is it just? just somewhat just somewhat unjust unjust Two young drivers who were street racing caused the death of a truck driver who was forced to swerve to avoid them. Considering that the young men had no previous records and came from good families, the judge sentenced them to one year of house arrest, permitting them to work during the day. The family of the victim was outraged.
just somewhat just somewhat unjust unjust YvanTurcotte was charged with child abuse after severe bruises caused by the cord of an iron were detected on the legs of his 10 year old son. Turcotte claimed he was exercising his right as a father to discipline his child and that his religious beliefs sanctioned physical discipline when a child misbehaves. The judge agreed that Turcotte’s freedom of religion was paramount and that the discipline was not excessive. Turcotte was acquitted.
ASSIGNMENT • Work in your groups on the Legal Concepts assignment.
