SOCL 4471 Lecture 4: WEEK 4

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9 Feb 2017

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Introduction to justice
Aistotle’s justie
o Distributive justice
Concerned with how a governing body distributes its resourcesbasing justice
o soeoe’s otiutio to soiety. Not aout faiess. Asks hat soeoe
o Retributive justice
Thinks about justice from the point of the pain inflicted on society does’t
look at your value, merely looks at the crime itself. Argues the punishment
should be applied so the pain and injury is equal. If we only looked at the
wording of the la ad ot the eleets of people’s oditios, the old
would be strictly ruled on rules. For example, what if we treated someone who
accidentally killed someone the same way that we treat someone who
maliciously murdered someone.
o Our current system is a blend of both of these
Legal realists: look at what the law is, not what it should be. Due process: the system everyone
goes through so that equality throughout the justice system is ensured. School of thought that
looks at the empirical realism of the justice system
Aistotle defies justie ad teatig euals eually ad ueual’s ueually aodig to
eleat diffeees
Natural law works because attaching law to a broader construct helps because when laws were
made, not everyone could be checked on—it as’t oal to see a la ake so o oe ee
really checked on you, but in order to get these people to follow the law, attaching it to
something bigger made them follow
o Transcendetal atual la: does’t ague that positie la is ot important, but that
the spirit of the law is greater than the law itself. Not just words, means something
more. Law is divinely inspired
o Evolutionary natural law: argues that law is actually tied into social norms. Law rises not
from some sort of higher authority, but it evolved from group or social decisions that led
to prosperity. The original human societies got together because the way they
interacted let them live longer in a dangerous world once societies became organized,
law arise from social norms. Allows us to critique the law in a certain way, the law is not
alays good. just eause soethig is a suessful tait, does’t ea it ill e good
for society. They define natural as being things that exist within all cultures. Different
from transcendental definition of naturalderived from the origin of that particular
culture. Argues justice may not even exist at alljust evolutionary principles that kept
people alive historically
Role of moral outrage: begins as a mechanism for social controla way to deter
behavior. The law is not always capable of deterring behavior. Was an effective
way until very recently
Both of these eliee that the la oes fo a highe plae, they just do’t
agree from where
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