Summary OCR A-level Law (H418) - The Nature of Law
This is a revision summary of the OCR A-Level Law (H418) The Nature of Law module. It provides relevant legislation, case law and facts in a concise format for students to use when revising.
The Nature of Law
Topics:
- Law and Justice
- Law and Morality
- Law and Society
Law and Justice
, Definition: Lord Lloyd justice 'is a moral value... in order to attain the good
life.'
Where is justice found? Perelman: to each according to their work,
needs, merits, rank, legal entitlement, to each equally.
Example: Berriman.
Types: Procedural/formal - law must follow fair rules. Substantive - law
must treat individuals fairly/fair outcome.
Concepts
Law and justice are synonymous: 'Unjust law is not law' - lex injusta non est lex.
Natural justice.
Law and justice are linked: Rule of Law - people are subject to (fair) laws.
Aristotle - says that law should achieve distributive and corrective justice.
Example: distribute wealth based on merit/must be proportional. Limitation:
doesn't account for people who cannot work, like with some disabilities.
Promotes individual justice:
Kant - promotes moral justice, says that law should be based categorical
imperative and treat everyone individually with respect and dignity. Example:
human rights (European Convention on Human Rights). Limitation: difficult in
practice because it can lead to absurd situations where you promote one
person's rights over another.
Rawls - promotes social justice, says that law should promote equality and
liberty regardless of circumstance by applying the 'veil of ignorance'. Limitation:
purely hypothetical as it is impossible to restart society.
Versus promotes group justice:
Bentham - promotes utilitarianism, says that law should achieve the greatest
good for the greatest number. Limitation: disregards human dignity and
individual rights.
Promotes equal distribution:
Marx - says that law should achieve a different type of distributive justice, so
distribute wealth regardless of wealth. Example: everyone deserves everything
equally. Limitation: human nature will never allow everything to be fair.
Versus promotes no distribution:
Nozick - promotes entitlement theory of justice, says that law should not
intervene in individuals' situations, meaning less intervention by the state.
Example: no taxation. Limitation: very unfair and selfish.
Case examples
Access to Legal Aid - UK cut legal aid funding in LASPO 2012. Therefore, there
is less legal aid in the UK. This means less people can go to court because of
barrier costs. Is this just?
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