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In A Theory of Justice, philosopher John Rawls distinguished three ideas of procedural justice: [9] Perfect procedural justice has two characteristics: (1) an independent criterion for what constitutes a fair or just outcome of the procedure, and (2) a procedure that guarantees that the fair outcome will be achieved.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Procedural systems are constantly torn between arguments that judges should have greater discretion in order to avoid the rigidity of the rules, and arguments that judges should have less discretion in order to avoid an outcome based more on the personal preferences of the judge than on the law or the facts. Legal procedure, in a larger sense ...
Typically, legal theorists and philosophers consider four distinct kinds of justice: corrective justice, distributive justice, procedural justice, and retributive justice. [1] Corrective justice is the idea that liability rectifies the injustice one person inflicts upon another (found in modern day contract law). [2]
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Tom R. Tyler (born March 3, 1950) is a professor of psychology and law at Yale Law School, known for his contributions to understanding why people obey the law.A 2012 review article on procedural justice by Anthony Bottoms and Justice Tankebe noted that, "Unquestionably the dominant theoretical approach to legitimacy within these disciplines is that of 'procedural justice,' based especially on ...
By the 28 Ed. 3, c. 3, there the words lex terrae, which are used in Mag. Char. are explained by the words, due process of law; and the meaning of the statute is, that all commitments must be by a legal authority; and the law of Parliament is as much a law as any, nay, if there be any superiority this is a superior law.
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice (the socially just distribution of goods in a society).