a coupla questions for law and justice & w.o. (1 Viewer)

[digmahstigma]

1. what's the difference between justice, equality, and fairness? cos i keep getting hella confused and my notes seem to contradict each other...

2. does ratification of a treaty mean that you've enacted it into domestic law, or is that the next step?

i've been learning these things for over a year and i still dont know..

cheers

 

[~*HSC 4 life*~]

1. confuses me as well

2. when a treaty is ratified it is not always automatically enacted into domestic law, it depends on the country for eg i think when America signs to a treaty it becomes a part of their domestic law, but not the same case for Australia.

 

[digmahstigma]

thanks heaps

im gonna save this page..

 

[overthaedge]

Justice is like the notion of justice, which is achieving equality, fairness, access, equity and human rights.
Equality- how everyone is equal under the law and that everyone is treated in the same way, it also involves formal equality, institutionalized inequality, equality of outcomes, equality of opportunity and before the law. I think, you'd have to also establish the difference between each and how some of them interact, i.e. institutionalized inequality hampers formal equality.
Fairness- Treating all people equally and acting with integrity. I'm pretty sure you integrate procedural fairness into it, and how thats based on the concepts of justice and equity.

Hmm they do overlap, but thats not neccessarily a bad thing as you can put more into your answer I guess. Hope I didnt confuse you.

 

[DaRanjed]

Equality isn't necessarily good. If a rich person and a beggar commited the same crime and they both have to pay $350...it's not a big deal for the rich person but for the poor one, it means the world.
So equality does not always mean fairness.
A $350 fine would not help the rich person be sorry for his actions...while it would for the poor person of course.

Fairness, on the other hand, is more concerned with equal consequences or effects. In the above scenario, the rich person should be made to pay $2000 + or anything that would make him say "damn. I shouldn't have committed that crime. I don't wanna lose this much money". The poor person should be fined an amount of money that's within his capacity to pay.

Am I confusing you? lol

 

[eth]

1. confuses me as well

2. when a treaty is ratified it is not always automatically enacted into domestic law, it depends on the country for eg i think when America signs to a treaty it becomes a part of their domestic law, but not the same case for Australia.

Actually, ratifying a treaty means basically the county's rep says "We will abide by this treaty." This does not grant it automatic domestic legal status in any country. The enaction of a treaty is 100% separate from its ratification.

 

[:: dreami ::]

justice incorporates the above elements just as someone has said, so i wont go into that. it is also an abstract concept that varies between cultures and between individuals.

equality vs fairness: lets use johnny and bobby

fairness -- johnny and bobby both get beaten up because they shoplifted

equality -- johnny did it for the thrills, bobby did it because he need food. it is obviously not equal that the same punishment was applied, but fair.

hope u get it now

 

[eth]

justice incorporates the above elements just as someone has said, so i wont go into that. it is also an abstract concept that varies between cultures and between individuals.

equality vs fairness: lets use johnny and bobby

fairness -- johnny and bobby both get beaten up because they shoplifted

equality -- johnny did it for the thrills, bobby did it because he need food. it is obviously not equal that the same punishment was applied, but fair.

hope u get it now

Wouldn't it be the other way around - it's equal that they both got beat up (cos they both committed the same crime), but not fair.

 

[DaRanjed]

Yeah, I think she meant to write it the other way round. lol

It's all about mitigating factors and...what's the other one?

 

[digmahstigma]

lol aggravating factors?

i think :S

and umm objective and subjective features.

i feel like i understand it well enough its just i hate how its multiple choice so theres only 'one answer'...im so indecisive

 

[DaRanjed]

That's it! Aggravating factors.

Ugh...I hate the short answers and multiple choice.
I hate questions like:

What type of right is slavery?

Political/Social
Moral
etc. etc.
I never get them right.

 

[santaslayer]

1. what's the difference between justice, equality, and fairness? cos i keep getting hella confused and my notes seem to contradict each other...

2. does ratification of a treaty mean that you've enacted it into domestic law, or is that the next step?

i've been learning these things for over a year and i still dont know..

cheers

1)
Justice= It has two meanings:

a) An eye for an eye. Doing something equal to what's been done to you.
b) Getting a fair outcome.

Equality=Being treated equally in all situations. There are many types of equality. You may want to look them up.

Fairness=Subjective in nature. What is viewed as fair by one person may not be fair to another. It must be noted that practicing equality may not lead to fairness. eg. Speeding tickets. Fairness may be equated to utility.

2) Ratification only means that the country has accepted and acknow;edged the convention/treaty. The next step is actually applying those ideals into legislation.

 

[digmahstigma]

That's it! Aggravating factors.

Ugh...I hate the short answers and multiple choice.
I hate questions like:

What type of right is slavery?

Political/Social
Moral
etc. etc.
I never get them right.

yeah me neither

everyone always says 'oh you can make up your marks with multiple choice!!'

i think not.

 

[LadyBec]

i thought ratifying was the process of incorperating the treaty into domestic law....dammit i've been saying that all year, don't tell me i'm wrong.

 

[:: dreami ::]

sure is

woopsies

lol aggravating factors?

i think :S

and umm objective and subjective features.

i feel like i understand it well enough its just i hate how its multiple choice so theres only 'one answer'...im so indecisive

 

[LadyBec]

so i was right?
thank god. Don't scare me like that

 

[:: dreami ::]

so i was right?
thank god. Don't scare me like that

id check the other thread

but the general consensus there is that ratification into the aus legal system means support for it eg: signing the treaty etc and not necessarily adopting it into our domestic legal system

 

[angel_babe]

1. what's the difference between justice, equality, and fairness? cos i keep getting hella confused and my notes seem to contradict each other...

2. does ratification of a treaty mean that you've enacted it into domestic law, or is that the next step?

i've been learning these things for over a year and i still dont know..

cheers

1. Justice: the only way i can describe it is: a just law: treats people equally, is utilitarian, stresses consense and cohesion, leaves people free, and takes into account limitations in material resources.

A just law may be just, but not equal.

Equity (equality): not favouring either party
ie. a poor person receiveing legal aid, and a rich person having to pay for legal respresentation.

Fairness: free from bias, dishonesty, ie. having property settlements divideds 50/50 after a divorce. having unbias jury and an unbias judge, which results in a fair trial

 

[:: dreami ::]

equity and equality isnt the same thing, dont confuse them together

1. Justice: the only way i can describe it is: a just law: treats people equally, is utilitarian, stresses consense and cohesion, leaves people free, and takes into account limitations in material resources.

A just law may be just, but not equal.

Equity (equality): not favouring either party
ie. a poor person receiveing legal aid, and a rich person having to pay for legal respresentation.

Fairness: free from bias, dishonesty, ie. having property settlements divideds 50/50 after a divorce. having unbias jury and an unbias judge, which results in a fair trial

 

[DaRanjed]

Can someone please explain Equity?

The only thing I know for sure about it is that it started from the Council of Chancellors...is that right?