JUSTICE
CREATING AND PRESENTING
Q: WHAT IS JUSTICE?
A: JUSTICE IS NOT A BOY BAND
(OR A FRENCH MUSICAL DUO WHILE WE ARE ON IT!)
JUSTICE CAN BE DEFINED AS:
oFairness.
oMoral
oA
rightness.
scheme or system of law in which every
person receives his/her/its due from the
system, including all rights, both natural
and legal.
One problem is that attorneys, judges, and legislatures often get
caught up more in procedure than in achieving justice for all.
Example: the adage "justice delayed is justice denied," applies to
the burdensome procedures, lack of sufficient courts, clogging the
system with meritless cases, and the use of the courts to settle
matters which could be resolved by negotiation.
THERE ARE MANY DIFFERENT
TYPES OF JUSTICE
 Criminal
justice
 Social justice
 Retributive justice
 Global justice
 Restorative justice
 Procedural justice
CRIMINAL JUSTICE
Criminal justice is the system of practices and institutions of
governments directed at upholding social control, deterring and
mitigating crime, and sanctioning those who violate laws with
criminal penalties and rehabilitation efforts. The rights of the
accused are rights that protect those accused of crime.
VOCABULARY:
Mitigating: Lessen the gravity of (an offense or mistake).
Sanctioning: A sanction is the punishment for a criminal offense. The
criminal sanction for a criminal defendant varies according to the crime and
includes such measures as death, incarceration, Probation, community service,
and monetary fines.
THE CRIMINAL JUSTICE SYSTEM
The criminal justice system consists of three main
parts:
o Law enforcement (police)
o Adjudication (courts)
o Corrections (jails, prisons, probation and parole)
In a criminal justice system, these distinct agencies
operate together both under the rule of law and as
the principal means of maintaining the rule of law
within society.
PROCEDURAL JUSTICE
Procedural justice refers to the idea of
fairness in the processes that resolve
disputes and allocate resources.
Procedural justice concerns the
fairness and the transparency of the
processes by which decisions are made.
Hearing all parties before a decision
is made is one step which would be
considered appropriate to be taken in
order that a process may then be
characterised as procedurally fair.
Some theories of procedural justice
hold that fair procedure leads to
equitable outcomes, even if the
requirements of distributive or
corrective justice are not met.
RESTORATIVE JUSTICE
Restorative justice (also sometimes called "reparative
justice”) is an approach to justice that focuses on the
needs of victims and offenders, instead of the need to
satisfy the abstract principles of law or the need of the
community to exact punishment.
Victims are given an active role in a dispute and
offenders are encouraged to take responsibility for their
actions, "to repair the harm they've done- by
apologizing, returning stolen money, or (for example)
doing community service”.
It is based on a theory of justice that focuses on crime
and wrong doing as acted against the individual or
community rather than the state.
RETRIBUTIVE JUSTICE
Retributive justice is a theory of justice
that considers that punishment, if
proportionate, is a morally acceptable
response to crime, with an eye to the
satisfaction and psychological benefits it
can bestow to the aggrieved party, its
intimates and society.
The concept is common to most cultures throughout the
world. Its presence in the ancient Jewish culture is shown
by its inclusion in the law of Moses, specifically in
Deuteronomy 19:17-21, and Exodus 21:23-21:27, which
includes the punishments of "life for life, eye for eye, tooth
for tooth, hand for hand, foot for foot.”
However, the judgment of whether a punishment is
appropriately severe can vary greatly between cultures and
individuals. Proportionality requires that the level of
punishment be scaled relative to the severity of the
offending behavior. However, this does not mean that the
punishment has to be equivalent to the crime.
GLOBAL JUSTICE
Global justice is an issue in political philosophy
arising from the concern that the world at large is
unjust.
The broader philosophical context of the global justice
debate, in both its contemporary and historical forms, is the
issue of impartiality. Many people believe they have more
important duties to family members, friends and compatriots
than to strangers and foreigners. But are they right to
endorse such partiality?
SOCIAL JUSTICE
Social justice generally refers to the idea of creating an
egalitarian society or institution that is based on the principles of
equality and solidarity, that understands and values human
rights, and that recognizes the dignity of every human being.
Social justice is based on the concepts of human rights and
equality and involves a greater degree of economic
egalitarianism through progressive taxation, income
redistribution, or even property redistribution
VOCABULARY
Egalitarianism: Its general premise is that people should be treated
as equals on certain dimensions such as religion, politics, economics,
social status, and culture.
Solidarity: union or fellowship arising from common responsibilities
and interests, as between members of a group or between classes,
peoples, etc
AN ARTICLE REVEALING A RECENT SOCIAL INJUSTICE:
http://www.theage.com.au/victoria/no-room-for-girlfriends-ativanhoe-girls-dance-20101109-17m4g.html
SYMBOLS OF JUSTICE
WHO IS THIS BIRD?
LADY JUSTICE
The Goddess of Justice is most
often depicted with a set of scales
typically suspended from her left
hand, upon which she measures
the strengths of a case's support
and opposition.
She is also often seen carrying a
double-edged sword in her right
hand, symbolizing the power of
Reason and Justice, which may be
wielded either for or against any
party.
The wreath at her feet is an olive
wreath. The olive branch, in
Western culture, derived from the
customs of Ancient Greece,
symbolizes peace or goodwill.
The blindfold represents
objectivity, in that justice is (or
should be) meted out objectively,
without fear or favor, regardless of
identity, money, power, or
weakness; blind justice and blind
impartiality.
SOME JUSTICE QUOTES:
“Without justice,
courage is weak.”
Benjamin
Franklin
“Justice and power
must be brought
together, so that
whatever is just may
be powerful, and
whatever is powerful
may be just.”
Blaise Pascal