Introduction to Justice (Part 2)

INTRODUCTION TO JUSTICE (PART 2)
by Miss P

Types of Justice

There are four types of justice that people can seek when they have been wronged.

1) Procedural Justice

Sometimes known as formal justice, procedural justice is a type of justice that focuses on the processes of law in the administration of justice and legal proceedings. Procedural justice concerns the fairness and the transparency of the processes by which decisions are made. Maintaining procedural fairness protects the rights of individuals and enhances public confidence in the process. 

In order to maintain fairness and transparency in the processes of law, doctrines of natural justice and rule of law have been embedded in the administration of justice.

Natural justice protects against arbitrary exercise of power by ensuring fair play. There are two rules that natural justice is concerned with. These are the rule against bias (nemo iudex in re sua), in which no person may judge their own case, and the right to a fair hearing (audi alteram partem), where a person must be allowed an adequate opportunity to present their case.

The rule of law is the principle that no one is above the law. The most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, dictatorship and anarchy. Rule of law cannot exist without a transparent legal system, which is a clear set of laws that are freely and easily accessible to all, strong enforcement structures, and an independent judiciary to protect citizens against the arbitrary use of power by the state, individuals or any other organization.

2) Substantive Justice

Substantive justice is referred to as the content or substance of a legal decision and involves normative principles, such as equality need, desert and rights. The sole purpose of substantive law is to ensure that the outcomes of law achieve certain principles of fairness, equality and morality.

3) Remedial Justice

Remedial justice addresses just compensation and punitive action when there has been malicious or careless damage done to life, liberty or property. Remedial justice is employed in different areas of law to serve punitive, corrective, and retributive functions.

4) Distributive Justice

Distributive justice concerns the nature of a socially just allocation of goods in a society. It is concerned with the fair allocation of resources among diverse members of a community. Fair allocation typically takes into account the total amount of goods to be distributed, the distributing procedure, and the pattern of distribution that results.