Course Title: BS VII/AN-413/Anthropology and Social Welfare
Classroom: 2, Time: M, T:09:15-10:45AM
Date: 26/11/2024
Instruction: At the beginning of the class, each student must submit the completed form, which
is based on the assigned article or book for the upcoming lecture.
Name/Roll No: Fiza Javed /04012113031
Name of Article/Book: Social Justice and Legal Justice
Author: Wojciech Sadurski
Research What effects do legal processes and humanitarian principles have on the
Question/Research pursuit of substantive justice and how do they affect the admissibility of
Gap evidence in criminal justice systems?
Research Qualitative Research, Quantitative Research, Case Studies, Theoretical
Methodology Framework.
Page No Concept Definition Explanation Comments/example
from your own
experience
329-330 Social Justice Social justice The goal of social justice
aims to reduce is to establish an
inequality by equitable society in
ensuring that the which all people,
basic needs of all regardless of their
individuals are gender, ethnicity,
met. It religion, economic
emphasizes standing, or other
equity, fairness, personal traits, have
and respect for access to the same
human rights. The opportunities, resources,
goal is to create a and rights.
society where
every individual
can live with
dignity and have
the chance to
thrive, regardless
of their
background.
329-330 Legal Justice Legal justice Legal justice is Consider a situation
refers to the about the fair where two individuals,
fairness and treatment of one rich and one poor,
equity in the individuals within are accused of the same
application and the legal system. crime. Legal justice
enforcement of This includes the demands that both
laws, ensuring right to a fair individuals be treated
that everyone is trial, legal equally in the eyes of the
treated equally representation, law—both should receive
under the law. and unbiased the same legal process,
judgment. It also the same opportunities
ensures that laws for defense, and the same
are applied penalties if convicted.
consistently and
that individuals
are not
discriminated
against based on
personal factors
like wealth, social
status, or
ethnicity.
331-332 Distributive The equitable The issue of Distributive justice in the
Justice distribution of distributive workplace could be used
opportunity, justice concerns to describe how
wealth, and the allocation of incentives and salary are
resources within resources among given out. It might be
a community is society's viewed as a just
known as members. Diverse allocation of resources
distributive distributive based on merit if the
justice. Its main justice theories business makes sure that
goal is to make support various workers with greater
sure that benefits approaches to responsibility or
and goods are resource experience are paid more.
distributed in a allocation; some Distributive justice
fair and just place a strong would be broken, though,
manner. emphasis on if certain employees were
equitable paid significantly more
distribution, merely because of bias or
while others take inequity.
need, merit, or
contribution into
account.
331-332 Commutative Fairness in The fairness of
Justice interpersonal the interactions
transactions is between people
the subject of or organisations
commutative is the focus of
justice, which this kind of
emphasises the justice. It
equity of guarantees that
agreements, transactions or
contracts, and exchanges are
exchanges. founded on
equality and
adherence to
contractual
conditions. For
instance, if
someone is
defrauded or
misled during a
trade, or if an
agreement is
broken without
consent,
commutative
justice is violated.
334-335 Corrective The goal of the The focus of
Justice concept of corrective justice
corrective is to correct a
justice is to specific injustice
make amends that has occurred
for wrongs or between two
injustices that parties, usually
have been by compensating
committed. It the victim. It is
seeks to right the often seen in
imbalance that legal systems,
an injustice has where the goal is
upset, typically to restore the
by paying the harmed party to
victim back or their previous
making amends. state as much as
possible, whether
through
restitution,
compensation, or
other means.
334-335 Proportional Proportional Depending on
Equality equality refers to their needs,
the concept that efforts, or
justice should contributions,
involve the fair people or groups
distribution of are given varying
resources or amounts of
benefits in a way resources or
that is rewards under
proportional to proportionate
individual equality. Since it
contributions, takes into account
needs, or each person's
circumstances. unique situation
and aims for
fairness by
modifying the
distribution
proportionately,
this differs from
strict equality,
where everyone
receives the
same.
335 Lex Talionis Lex Talionis, This principle is Imagine someone
also known as based on the idea purposefully destroying
the law of that justice is someone else's phone or
retaliation, is the achieved when causing other property
principle that the the harm done to harm. The person who
punishment for a an individual is caused the damage can
wrongdoing repaid in a be forced to replace or
should be manner that is repair the phone in order
proportionate to equivalent to the to return an equivalent
the harm or offense. The value in accordance with
offense caused. punishment the Lex Talionis concept.
It is often should mirror the According to this theory,
summarized as crime to ensure the penalty should be
"an eye for an fairness and appropriate for the
eye." retribution. offence committed,
Historically, this guaranteeing that wrongs
principle was are dealt with fairly.
used in ancient
legal systems to
impose fair
punishment.
346-347 Substantive Substantive Substantive
Justice justice refers to justice concerns
the fairness of the actual fairness
the outcome of a of the result or
decision or the distribution of
process. It benefits and
focuses on burdens in
whether the society. It is about
result is just, ensuring that the
right, or fair right people get
according to the right rewards
ethical or punishments
standards, laws, based on the
or moral situation, such as
principles. fairness in the
distribution of
wealth, rights, or
legal outcomes.
347 Procedural Procedural Procedural justice A good example of
Justice justice refers to is concerned with procedural justice would
the fairness of the fairness of the be during a group
the processes or procedures that decision-making process
methods used to lead to outcomes. where every team
reach a decision. A fair process member has an equal
It focuses on means that opportunity to express
whether the everyone their views and the
processes are involved is decision is made
fair, transparent, treated transparently. In my
consistent, and impartially, has experience, when there is
provide all the opportunity to a clear and open process,
involved parties present their case, like taking turns to speak
an opportunity and that the rules or voting on a decision, it
to participate. of the process are feels fair even if the final
applied decision doesn't go my
consistently. This way. This transparency
doesn't builds trust in the
necessarily process.
ensure a fair or
just outcome, but
it ensures that the
process is fair.
351-352 Inadmissible Inadmissible In legal systems, Imagine a situation
Evidence evidence refers there are strict where a suspect
to evidence that rules about what confesses to a crime
cannot be kind of evidence under duress, like
considered in a can be used in through physical or
court of law, court to ensure psychological coercion.
typically fairness and While the confession
because it was justice. might seem like direct
obtained in Inadmissible evidence of guilt, it is
violation of legal evidence is inadmissible in court
rules or excluded because because it violates the
principles. This it could be suspect's rights against
can include unreliable, self-incrimination. Even
evidence obtained if it helps solve the case,
obtained through unethically, or the justice system
unlawful means unfairly excludes such evidence
(e.g., torture or prejudicial. For to prevent abuses and
coercion), example, ensure fairness for all
hearsay, or other evidence obtained individuals, regardless of
forms of through illegal their circumstances.
evidence that do searches or by
not meet legal forcing a
standards confession
through torture
cannot be used
because it
violates human
rights and legal
principles.
351-352 Humanitarian Principles that When rigorous
Values prioritise the procedural
defence of standards would
human rights, cause undue
dignity, and injury or violate
welfare are fundamental
known as human rights,
humanitarian humanitarian
values. Actions considerations
that protect life, may take
prevent needless precedence over
suffering, and them in legal and
advance justice, ethical
compassion, and circumstances.
fairness are For instance,
given priority by humanitarian
these ideals. principles would
require that
certain activities
are inappropriate
because they
violate human
dignity and
fundamental
rights, even if
they would result
in a more just
decision in a
court of law (such
as employing
torture to get a
confession).
