Law and Justice
Part B
satisfying law is the statutory or written law that governs rights of those who are subject to it. Substantive law in any case defines the legal relationship between mountain and other people or between people and the state. procedural law comprises of the rules by which a court hears and determines what happens in civic or criminal proceedings. procedural law deals with the method and inwardness by which substantive law is made and administered.
Rules and aims of sentencing are also included in procedural justice for role model authorization life sentences acting as a deterrence for dispatch and this can be classed as fair as it sticks to the treating equal for like but not all murders are the equivalent for example serial killers foil the same life discourse as a onetime killer. Most of the aims of sentencing much(prenominal) as retribution, protection of the public and retribution can be considered as utilitarian as everyone is treated the same to satisfy the involve of many because these aims of sentencing do not take the individual rights of the offenders into account. .Take for example the case of Edward Woollard who threw a fire extinguisher off a building during the student riots and was given a much high sentence to serve as a deterrence for the assuagement of the student protesters-a move that Kant would not agree with.
judges ,while considering a sentence will look at aggravating and mitigating facts such as whether it was the defendants first offence and so on- this is a more sophisticated model Aristotles surmisal as he argued that the courts was for ensuring the gains and losses of each party .
Procedural law involves natural justice (Aristotle) stands on the basis that: No man should be a judge in his sustain cause e.g. In Re Pinochet, a case of Pinochet organism extradited ,Lord Hoffman had strong ties to Amnesty United (his wife was a division official hence this decision would not have been all told independent )thus the case was dismissed; justice must be done but must also be...If you want to get a full essay, order it on our website: Orderessay
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