Law and Justice

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Law and Justice
THEORIES OF JUSTICE

Plato
In Plato’s major work, The Republic, he used Socrates as a mouth piece to develop his on view of justice. Socrates outlines his, i.e Plato’s view of justice both for the individual and for society. Dealing with the man first; a man’s soul has 3 elements: 1. Reason 2. Spirt 3. Appetite or desire
A man is just when each of these three elements fulfils its appropriate function and there is a harmonious relationship between them.

Within society there are three groups society is just hen each class fulfils its appropriate function and there is a harmonious relationship between them.

Therefore Plato viewed justice as harmony between the warring elements.

Distributive Justice
This is concerned with fairly shaking the benefits such as money, property, family, takes and civic duties of life within an organisation.

Aristotle
Aristotle stressed the need for proportionality and achieving the middle ay and a proper balance between extremes. He said a ‘just state’ ill distribute its wealth on the basis of worth (merit) therefore giving to each according to their virtue and contribution to society. He stated there was a need for corrective justice to ensure that individuals can keep what they are entitled to. The role of the court is making sure the offender does not benefit from his crime ad victim does not suffer loss. In this sense, the balance or ‘middle way’ is achieved.

Thomas Aquinas
Illustrated his view of natural law as an inherent part of nature and exists regardless ‘general principle of giving what is due to them’. He believe justice occurs when incorporating natural law into the legal system. Thomas also spoke of communicative justice which is the exchange of goods or services between people which is governed by equality. He also believed in natural law supported by Aristotle; the higher…...

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