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110 Pages • Complete Study Notes • Year: Pre-2018
Being committed to justice • For individual clients, justice takes the form of a fair outcome. o Most clients want a fair outcome for both themselves and the other party. • As a lawyer it is your job to persuade decisions makers to accept your client’s positions and show how their perception of justice may not be fair. • Social justice is an important aspect of law as you help those who do not have the ability to help themselves. The nature of justice Theories of justice • While a relationship between law and justice may not be necessary, it is at least desirable. • Justice provides a standard against which particular laws, legal decisions and the legal system as a whole can be measured. • What is justice? o Divine command ♣ As an authoritative command of a deity. o Natural law ♣ Justice as a universal and absolute concept, an objective standard which all laws and legal processes can be judged. • E.g. if you hurt a person deliberately, you should be punished. o Positive law ♣ Justice is whatever the law says. o A mutual agreement ♣ Justice is whatever the community agrees that it is. o Consequentialism ♣ Justice is the decision or action that has the best consequences for total welfare. This is pragmatic. • You get punished for deliberately hurting someone to deter others from doing the same.
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