Lord Parker's Definition Of Natural Justice

Formal and concrete would need to be considered. Formal justice is concerned with the methods and procedures in place for decision making and allocating goods and services. It can be said that as long as procedures are fair and everyone has an equal chance to get access to the law, the system can be seen as being formally just. However this could lead to injustice such as before the case of R v R if a judge was to follow formal justice, it would mean that married women would not have the same

The Republic by Plato examines many aspects of the human condition. In this piece of writing Plato reveals the sentiments of Socrates as they define how humans function and interact with one another. He even more closely Socrates looks at morality and the values individuals hold most important. One value looked at by Socrates and his colleagues is the principle of justice. Multiple definitions of justice are given and Socrates analyzes the merit of each. As the group defines justice they show how self-interest shapes the progression of their arguments and contributes to the definition of justice.

For example, in The Round House justice is what happens when the scale of morality is balanced out. As such, it is a concept of rightness. When someone does something wrong, they must pay for it. The recognition and consequences of their crime are recognized as justice. Justice has so many aspects to it that many people get caught up in the webs of the justice system. Some would argue that seeking justice

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

There are oblivious things in life that restrict us, they are called rules. Nobody prefers to play a game by the guidelines, but there are reasons for them to exist. The purpose is to maintain the fairness of the game. And for that reason, we have professionals like, umpires, referees, and justices who help to maintain the integrity of these procedures. Nobody pays to watch the umpire in a ballgame, but they are needed to enforce the rules. Similarly, a justice is needed to aid a nation comply by the rules. Comparably, Chief Justice John Roberts (Roberts) of the United States Supreme Court is an outstanding example of that. In this article, the author explains why Roberts makes decisions the way that he does even though they are considered constraints by many. The decisions made by justices should be unbiased and non- sympathetic to a particular political party or else the political system will suffer.

For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.

In philosophy, the term supervenience is, according to the Stanford Encyclopedia of Philosophy, “A set of properties A supervenes upon another set B just in case no two things can differ with respect to A-properties without also differing with respect to their B-properties” (McLaughlin). Literally, self-deceit is a misconception held by a person in favor of it. On the other hand, justice is defined as result or process of using laws to punish and justly judge criminals and crimes, in other words, justice is a just or fair treatment or behavior. In relation to this, supervening is portrayed in the philosophy of Joseph Butler on self-deceit and Rawls’ discussion on the first principle of justice.

It is the right of the jury to judge what the facts are, what the law

The term justice is used in some of America's most treasured and valued documents, from the Pledge of Allegiance, to the Constitution, and the Declaration of Independence. Everyone wants to be treated justly whether it's in the courtroom or the local bar. Most people would feel confident giving a definition for justice, but would it be a definition we could universally agree to? Given that justice is a very common term, and something we all want, it's important to have a precise definition. For hundreds of years philosophers have argued, debated, and fought over this topic. Justice can clearly be defined as the intention to conform to truth and fairness. This is true justice.

The conventional accounts of Justice normally begin by stating a fundamental rule of Aristotle – Justice is to treat equals equally and unequals unequally, and that unequal treatment should be in proportion to the inequality. In everyday life though, justice is seen as an attribute of law, while all laws are not necessarily just. Many great socio- political movements of the world have focused from time to time on unjust laws eg Apartheid laws in South Africa and Caste laws in India. Impartiality and fairness are understood to be the two aspects of justice. But it would be misleading to suggest that Justice refers solely to the fair application of a rule.

All three of these cases, if mechanical jurisprudence were to have been applied, would have been dealt with in the same way. This presence of ‘open texture’ makes it difficult to believe that the judiciary applies its trade in systematic and a mechanistic way, when the law is so general and vague. Open texture and our relative indeterminacy of aim when legislating leaves room for judicial discretion and breadth in the law.

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

Equity has been described as a ‘mysterious creature’ that lies distinctly alongside the common law. In considering the statement, there is an almost linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the relationship between equity and the common law. The development of equity alongside the common law through its history and intention, and application in case law will be imperative in the discussion of the statement. In conjunction with an analysis of fusion, it will become apparent that equitable damages were enlivened, separate to, in unfair circumstances where no rights/damages existed within the common law. In trying to tread the murky waters of the distinction yet the procedural fusion of equity and common law, the contention of this essay becomes apparent. Effectively, this essay aims to highlight that the history, intention, application and fusion fallacies regarding equity, all which point to an assertion that rights in equity are indeed the product of its remedies. Whether they are merely ‘two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters’, is yet to be seen.

In the opening two books of the Republic, Thrasymachus, along with Glaucon and Adeimantus, proposes fascinating arguments against the definition of justice. According to Thraysmachus, Justice, by its nature, is nothing other than the advantage of the stronger. Despite Socrates’s strong disagreement, many just and unjust incidents in Amazing Grace serve as great examples to support Thrasymachus’s view. In the following paragraphs, I am going to first summarize the arguments from Thrasymachus and Glaucon, and then analyze how the examples from Amazing Grace validate the traditional definition of justice.

Over the decades, the concept of justice has been continually evolving. This is occurring based upon different moral or legal interpretations. Evidence of this can be seen with observations from Burke (2011) who said, "Few things are of more importance to a society than its concept of justice. This is because it is justice that provides criterion for the legitimate use of force. In the name of justice people are detained, arrested, handcuffed, put on trial and punished. This concept is used to provide every society with some kind of social order. Over the last 200 years, a revolution has taken place with these principles. Our idea of it is what we employ, when dealing with ordinary individuals in daily life including: making agreements, paying bills, resolving disputes and putting criminals in jail. This is a concept that is as old as recorded history and it is familiar to people everywhere. What makes it so unique is that these ideas are constantly changing which focuses on society as a whole and how people are interacting with each other. " (Burke)