Lecture 1: Justice Matters - Introduction

JUSTICE MATTERS Lecture 1 What is Justice? Learning By the end of this Outcome lecture you will have s considered:- The various different meanings of the word ‘justice’ Four categories of Justice Five theories of Jus...

JUSTICE MATTERS Lecture 1 What is Justice? Learning By the end of this Outcome lecture you will have s considered:- The various different meanings of the word ‘justice’ Four categories of Justice Five theories of Justice International and Intergenerational Justice An overview of the course ‘ Justice Matters’. Structure of Today’s Lecture Part 1: What do we understand by the word Part 2 : Some theories Part 3 : What you will be ‘Justice’? of Justice studying on the course International Justice ‘Justice Matters’ COFFEE BREAK Intergenerational Justice TEA BREAK What is Justice? Justice is female: something which may come as something of a surprise when considering how far the justice system has been dominated by men; Justice wears a blindfold, something which is intended to signify that justice is wholly impartial. Some might say it is sometimes blind to the realities of life outside the court room. Justice carries a sword which is said to represent authority and convey the idea that justice can be swift and final (and, some might say, brutal). Justice carries a scale. This signifies a weighing of the case of two parties, but well-represents the fact that the justice process usually involves deciding between two sides.  We use the word “justice” in so many ways as lawyers: we call judges “Justice”, “Mr Justice” or “Mrs Justice”; The many we talk of “the High Court of Justice”; ways in we talk of access to justice; which we use the we talk of the “rules of natural justice” word we condemn some laws as “unjust”; ‘JUSTICE’ when a criminal is arrested, we say “justice caught up with them”; and someone who leaves a hearing unhappy will often say: “You call that justice?” 4 types of Justice distributive commutative retributive restorative justice justice justice justice Apply the 4 types of Justice to this scenario Take a dispute where A takes B’s car and the issue is what should happen:  Commutative justice might involve asking whether one of them already had a car and didn’t need one; that one of them had worked very hard for charity and deserved a reward; or it might decide the car should really go to a third person, C, who was poorer or worked harder for charity. Distributive justice looks at which of A and B has the better legal right to the car: who is the owner, whether they have priority etc. Retributive justice is concerned with whether A has committed a crime in taking B’s car, and, if so, whether A should be sent to prison. Restorative justice is about A compensating B for the loss A has caused B. Have a break Theories of Justice Rawls’ theory of justice Nozick’s theory of justice Utilitarianis m Retributi ve Justice Restorative Justice Substan tive and So far as have looked at just outcomes. But law is also procedu concerned with just processes - perhaps even ral more so. The idea of procedural fairness is often justice referred as to “the rules of natural justice” or, in the US, “due process”. The rule against bias Pinochet v Bow St Metropolitan Stipendiary Magistrate 1 AC 61, 119 and 147. A Spanish magistrate had issued an arrest warrant for General Pinochet, former head of state of Chile. He claimed he was entitled to state immunity. In the first hearing, a panel of five judges in the House of Lords, a majority of 3 (including Lord Hoffmann) ruled that General Pinochet was not entitled to immunity and should be extradited. That hearing heard from a number of bodies, including the human rights organisation Amnesty International which argued in favour of extradition. It then became known that Lord Hoffmann was a director and chair of Amnesty International Charity Ltd, a body set up to support Amnesty International, and his wife had worked for Amnesty International for 20 years. This had not been disclosed. A new panel of five judges held that this created an appearance of apparent bias, and the case had to be reheard by a different panel. This is the only time when a decision of the House of Lords or Supreme Court has been set aside in this way. The case then came before different judges who held that General Pinochet was not entitled to immunity, but that he could only be extradited for some of the offences.  The right to a fair hearing. How much notice should be given of the case against someone, and in what detail? This is a real issue in alleged terrorism cases, where it is said allowing the defendant to see the material relied upon would compromise national security. When there should be an entitlement only to make written representations, or an oral hearing? How much time should be given? Whether there should be an opportunity to see and challenge all of the evidence and submissions at the hearing? Whether there is a right to legal representation, or even to free legal representation? Must the decision-maker give reasons for their decision, and in what detail? Similar issues arise in relation to Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms, which states: “Inthe determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”. Due Process The phrase has been interpreted as giving: A right to procedural fairness. So-called “substantive due process”, to give effect to fundamental rights; Protection against vague laws. Internatio nal Justice Internatio nal Justice: Corrective Justice Intergenerational Justice Intergeneratio nal Justice: The Environment Intergenerati onal Justice: Economics  Have a break……….. What is ‘Justice Matters’ about? Unit 2 Access to Justice Unit 3 Justice Warriors? Participants in the Justice System Judges & Juries Unit 4 Whose Justice? Unit 5: Criminal Justice: Law and the Police  Unit 6 Miscarriages of Justice  Unit 7 Campaigning Justice This Photo by Unknown Author is licensed under CC BY  Unit 8 No Justice , No Peace Freedom of Expression This Photo by Unknown Author is licensed under CC BY-SA- Unit 9 Justice in the Digital Age This Photo by Unknown Author is licensed under CC BY-SA-NC Unit 10 Why Justice Matters ? The Rule of Law  1. Name 4 different contexts for the use of the word ‘Justice’. 2. Why is ‘Lady Justice’, the statue that sits outside a court in New York, depicted wearing a blind fold? Questions 3. What is Rawl’s theory of Justice about? Give an example of to this in practice. 4. What is the type of justice which involves ‘making amends’ consider. called? 5. What theory of Justice is centred on producing the greatest Please happiness for the greatest number of people? bring 6. How would you define Restorative Justice? 7. How would you define ‘just process’? answers to 8. Which case formulated the test against bias? the 9. Identify a context in which the issue of justice between different generations arises. seminar. 10. From listening to this lecture and thinking what you may have read, which unit of the ‘Justice Matters’ course do you think will be the most interesting for you and why? The end of Lecture 1 and the start of our journey in to Justice Matters. Thank you for listening…