LLB104 Lecture Notes - Lecture 2: Deterrence Theory, Retributive Justice, Distributive Justice

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24 Aug 2018
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Justice is typically understood to mean the same thing as fairness, such as fair punishment, a fair decision or a fair distribution of resources". General consensus that legal rules and decisions should be just or fair. Justice provides a standard against which to judge our laws and legal system by asking questions like: To put this in terms of critical legal thinking , we can use justice as a critical lens through which to analyse a law, policy or other concept. We are looking to see if it complies with the requirements or expectations of justice. Some other requirements are more collective they are about the way the legal system operates as a whole across our society. But there is an overlap between these individual and social forms of justice. To help us understand these different ideas of justice and what it requires, we can look to a number of theories of justice.

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