Origins of Concepts of Justice Essay

2094 Words Sep 29th, 2010 9 Pages
Chapter 4
The Origins and Concept of Justice

Chapter 4 Contents

Origins of the Concept of Justice
Components of Justice
Distributive Justice
Corrective Justice

CHAPTER OBJECTIVES
1. Know the definitions, concepts, and origins of justice
2. Understand the components of justice including distributive, corrective, and commutative.
3. Be able to define procedural and substantive justice.
4. Understand the difference between the utilitarian rationale and retributive rationale under corrective justice.

Professionals in the criminal justice system serve and promote the interests of law and justice. An underlying theme of this chapter is that the ends of law and justice are different—perhaps even, at times, contradictory.
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• Utilitarian theories try to maximize societal good, so some balance of need and merit would be necessary to provide the incentive to produce.
• Ethical formalism is solely concerned with rights; thus, issues of societal good or others’ needs may not be as important as the individual’s rights.
• What is the relevance of distributive justice to criminal justice? o Appropriateness of affirmative action in hiring and promotion. o How much to pay police officers compared to other professions. o Connection between distributive justice and corrective justice (Is poverty related to crime? To punishment?).

CORRECTIVE JUSTICE
• Corrective justice is concerned with dispensing punishment.
• Substantive justice involves the concept of just deserts, or how one determines a fair punishment for a particular offense. Procedural justice concerns the steps we must take before administering punishment.
If you were being punished for a crime, would you rather receive a year in prison or fifty lashes?
• Why do we not use corporal punishment for criminal offenders? Do you think we should?
Substantive Justice
• Substantive Justice is just punishment is proportional to harm o The victim is a peripheral figure, but punishment is measured by harm to victim and state.
• Exercise: Determining Severity
• Two philosophies are applied to how to punish: retributive justice and

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