Leeds, United Kingdom

Law and Social Justice

Master's
Language: EnglishStudies in English
Subject area: law
Qualification: LLM
Kind of studies: full-time studies, part-time studies
Master of Laws (LLM)
University website: www.leeds.ac.uk
Justice
Justice is the legal or philosophical theory by which fairness is administered. The concept of justice differs in every culture. An early theory of justice was set out by the Ancient Greek philosopher Plato in his work The Republic. Advocates of divine command theory say that justice issues from God. In the 17th century, theorists like John Locke advocated natural rights as a derivative of justice. Thinkers in the social contract tradition state that justice is derived from the mutual agreement of everyone concerned. In the 19th century, utilitarian thinkers including John Stuart Mill said that justice is what has the best consequences. Theories of distributive justice concern what is distributed, between whom they are to be distributed, and what is the proper distribution. Egalitarians state that justice can only exist within the coordinates of equality. John Rawls used a theory of social contract to show that justice, and especially distributive justice, is a form of fairness. Property rights theorists (like Robert Nozick) take a deontological view of distributive justice and state that property rights-based justice maximizes the overall wealth of an economic system. Theories of retributive justice are concerned with punishment for wrongdoing. Restorative justice (also sometimes called "reparative justice") is an approach to justice that focuses on restoring what is good, and necessarily focuses on the needs of victims and offenders.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Social
Living organisms including humans are social when they live collectively in interacting populations, whether they are aware of it, and whether the interaction is voluntary or involuntary.
Social Justice
Social justice is a concept of fair and just relations between the individual and society. This is measured by the explicit and tacit terms for the distribution of wealth, opportunities for personal activity and social privileges. In Western as well as in older Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fulfill their societal roles and receive what was their due from society. In the current global grassroots movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets and economic justice.
Law
True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrong-doing by its prohibitions. And it does not lay its commands or prohibitions upon good men in vain, though neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to attempt to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly considered punishment.
Marcus Tullius Cicero, De Re Publica (The Republic), book 3, paragraph 22; in De Re Publica, De Legibus, trans. Clinton W. Keyes (1943), p. 211.
Law
Laws grind the poor, and rich men rule the law.
Oliver Goldsmith, The Traveller (1764), line 386. Same in Vicar of Wakefield.
Justice
Justice, under capitalism, works not from a notion of obedience to moral law, or to conscience, or to compassion, but from the assumption of a duty to preserve a social order and the legal “rights” that constitute that order, especially the right to property. … It comes to this: that decision will seem most just which preserves the system of justice even if the system is itself routinely unjust.
Curtis White, “The spirit of disobedience: An invitation to resistance,” Harper’s, April 2006, p. 32.
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