Law And Justice Essay Aqa

Law And Justice Essay Aqa-52
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). Introduction Law And Justice Justice is hard to define, as it means differently to different people. The dictionary definition would be the upholding of rights and the punishments of wrongs, by law. 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.

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Supports of procedural justice say that for there to be justice it is important everyone is treated the same and has the same rights, however this isn’t fair if a defendant accused to rape represented themselves in a case and cross examined the victim.

Another example of a difficulty arising in practice is the case of Dianne pretty where her husband helped her to die after suffering from a disease.

The human rights act would suggest there is a close connection between law and the natural law theorists concept of justice, because it incorporates into English law and European convention on Human Rights, which sets out ‘fundamental rights, such as freedom of expression and freedom from torture.

An alternative theory is hat of utilitarianism, argued by Jeremy Bentham which measure the justice of law on the basis of its consequences, if it benefits the majority it is just.

It would be argued that it is not just to allow the defence of intoxication for all offensives as people when drunk would begetting away with something a sober person would be convicted for.

Also, in criminal law the defence of provocation is not fair on women, because the need for sudden and temporary loss of control.

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.

St Thomas Aquinas for example argued that law is god given and therefore if the laws are based on Christian teaching, the result will be justice.

I law which is against his god derived law is always unjust and should not be obeyed, according to natural law theorists.


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