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examination focus

Law and justice

Law and justice can be elusive concepts, each with many definitions. Sally Russell assesses the terms, where they overlap and how they clash

This ‘Examination focus’ looks at the concepts of law and justice, mainly in connection to criminal law but with a few examples from human rights. Justice is on the criminal law and human rights papers for AQA. However, for all examination boards you need to use case examples from other areas of law when discussing the nature of law concepts.

There are many views on how law and justice should be defined, based on ideas of equality, morality, fairness, distribution of wealth and resources, or an achievement of the greatest benefit. Not only are there many theories of justice, but also numerous different words used to describe justice. These include substantive, procedural, formal, corrective and distributive. You should note that these are merely ways of trying to explain and analyse the concept — no one description is correct:

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