Friday, October 4, 2019

Illustrate ways in which you find that the law satisfies, and fails to Essay

Illustrate ways in which you find that the law satisfies, and fails to satisfy, the ethical principle of justice - Essay Example In most instances, the winners of the cases administered through law may view themselves as the recipients of justice while the losers deem themselves as victims of justice denied. When people feel they have been wronged or offended, there are four types of justice that they can pursue to attain reparation. The four categories of justice are: distributive, restorative, procedural, and retributive justice. The application of law to decide cases acts as a double edge sword where the concept of justice is denied or satisfied. The cases Eldridge v. British Columbia (Attorney General) and Auton (guardian ad litem) v. British Columbia (Attorney General) provide instances where the law satisfies the concept of justice (SCC). The case Chaoulli v. Quebec (Attorney General) evokes a situation where the law appears to fail and succeed in justifying the concept of justice (SCC). Based on these cases, law can either serve to satisfy the concept of justice or fail to deliver same. Individuals may use four categories of law to seek justice. Through distributive, restorative, procedural, and retributive justice people may achieve reparation. Distributive justice bases its roots on the principle of equality and social order. It seeks equality in terms of what people receive from attention to goods and/or services. It provides an avenue for people to seek their fair share of what they believe they deserve. Restorative justice aims at putting things in the way they were before a wrong happened. Restorative justice provides a means for the offended party to seek some form of restitution from the offender. Restorative justice also is referred to as corrective justice where the emphasis is on apology and some form of restitution to correct any damage incurred by the betrayed party. Procedural justice bases its logic on fairness and the concept of fair play. This form of justice looks at showing people that a fair process is used in determining resource allocation. If people find an imbalance in the resources they receive, compared to others, while believing that a fair process was used, they can accept the results of the process. Retributive justice provides an avenue for the offended to seek some sort of revenge on the person who committed a wrong. Retributive justice seeks to see that the offender suffers in a similar way as the person who was offended. In most instances where parties seek justice, the first avenues that they pursue are through distributive and procedural justice. If both distributive and procedural justice fails to satisfy their view of justice, they likely aim at seeking same through retributive or restorative justice. The essential aspect in respect of all these types of justice is for the offended party to attain fairness and equality through the administration of law basing on them. Legislation is used to deliver justice by providing equal rights to all persons involved in a case without discrimination. Law helps to achieve equality thr ough distributive justice where social institutions are to ensure that burdens and benefits become distributed among members of society in a fair and just manner. The law helps to satisfy justice by ensuring that all social institutions distribute benefits and burdens evenly and fairly among their people without any form of discrimination. In the case Eldridge v. British Columbia (Attorney General), the Supreme Court of Canada (SCC) ruled in favor of the

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.