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When miscarriages like Birmingham Six and Guilford Four had raised doubts about the appeal system. In my opinion, laws and justice will be up to debate and so many different views will clash with the law held. The Court of Human Rights was against her as having Pretty’s case as an exception to the current law would open floodgates to other cases.
The whole issue of euthanasia illustrates the problem of defining the connection between law and justice, as natural theorists would believe ethically it’s just, and people like Professor Rawls believe it is unjust because it doesn’t benefit everyone.
Connections between law and justice can be examined by looking at the law on intoxication.
Distributive Justice regarding the allocation of assets where the aim of justice is to achieve proportion. Middle Its functions should be limited to the basic needs such as protecting the individual against force, theft and fraud.
The problem with this theory is that some can not afford training for a good job.
Introduction Law And Justice Justice is hard to define, as it means differently to different people. The dictionary definition would be the upholding of rights and the punishments of wrongs, by law. Rules of Natural Justice are meant to ensure that trials are fair and that both parties must have the opportunity to put their case forward and to have both sides of the story, an example of this is seen, in R v Bingham where defendant was convicted after a chair of magistrates said that he always believed a police officer in cases where evidence consisted of a policeman's word against defendant's.
Aristotle taught that fairness is the basis of justice that we find in two forms.
It would be argued that it is not just to allow the defence of intoxication for all offensives as people when drunk would begetting away with something a sober person would be convicted for.
Also, in criminal law the defence of provocation is not fair on women, because the need for sudden and temporary loss of control.
Concrete or Substantive Justice which is more concerned with the end result. Conclusion For example Sally Clark whose babies died was finally acquitted of their murder as medical evidence had not been discovered and inappropriate conclusions had been drawn.
Many of the reasons for the miscarriages of justice pre-date the Police and Criminal Evidence Act (PACE).