Formal justice (Procedural law) vs Substantive justice (material law) ILW1501

Summary

This tutorial explains the concept of justice, focusing on two types: formal and substantive justice. Formal justice, also known as procedural law, emphasizes the fair and transparent application of rules through set procedures, ensuring impartiality and equality. In contrast, substantive justice examines the content of laws to determine if they are inherently fair and just. While procedural justice prioritizes fairness in the decision-making process, substantive justice seeks to ensure that laws themselves are just, especially when rigid application may lead to injustice.

Takeaways

• 😀 Justice is equality before the law, ensuring fairness in legal processes.
• 😀 There are two types of justice: procedural justice and substantive justice.
• 😀 Procedural justice focuses on the fairness of legal procedures and how decisions are made.
• 😀 Procedural justice requires explicit rules, general application of rules, and impartiality in their enforcement.
• 😀 Substantive justice examines the content of the laws themselves to determine if they are fair.
• 😀 Procedural justice ensures fairness in the legal process, leading to an equitable outcome if the procedures are fair.
• 😀 Substantive justice seeks to modify laws to ensure fairness, especially when strict application of the law may lead to injustice.
• 😀 Procedural justice emphasizes transparency in decision-making, ensuring fairness through clear procedures.
• 😀 Substantive justice advocates for the adjustment of laws to achieve fairness when formal laws would lead to absurd or unjust outcomes.
• 😀 The distinction between procedural and substantive justice highlights different approaches to achieving justice in legal systems.

Q & A

What is justice according to the script?

Justice is described as equality before the law. It is categorized into two types: formal justice (procedural law) and substantive justice (material law).

What is formal justice, and how is it achieved?

Formal justice, also known as procedural law, is achieved by following explicit rules that outline how legal proceedings should be conducted. It ensures fairness through transparency, impartiality, and the application of rules to everyone under similar circumstances.

What are the key components required for achieving formal justice?

To achieve formal justice, the rules must be explicit, applicable to everyone under the same circumstances, and applied impartially by a legal institution (such as a judge who is not biased).

How does substantive justice differ from formal justice?

Substantive justice, or material law, focuses on the fairness of the content of the law itself, rather than its procedure. It seeks to ensure that the laws are just and fair, particularly in cases where a strict application of formal law may lead to absurd or unjust outcomes.

Why can formal justice sometimes appear unjust?

Formal justice can appear unjust at times because it is primarily concerned with following specific procedures, which may not always lead to equitable or fair outcomes in every case.

What is the essence of substantive justice?

Substantive justice focuses on the content of the law, ensuring that the law itself is just. It allows for the intentional alteration of laws to uphold justice, especially when rigid application of the law results in unfair or absurd outcomes.

What does procedural justice emphasize?

Procedural justice emphasizes the fairness and transparency of the decision-making process, ensuring that decisions are made according to well-established rules and that these rules are applied impartially.

What is the main concern of substantive justice?

The main concern of substantive justice is whether the law is inherently fair and just, as it examines the fairness of the laws themselves rather than how they are applied.

What role does fairness play in procedural justice?

Fairness in procedural justice is crucial, as it ensures that the process by which decisions are made is transparent and unbiased, leading to an equitable outcome based on the legal procedures followed.

How do procedural and substantive justice complement each other?

Procedural justice ensures fairness in the process, while substantive justice ensures fairness in the law itself. Together, they create a balanced system that aims to achieve both fair legal processes and just laws.