When can the law be characterised as just?
(A) When a judge allows for individual differences in determining a decision - HSC - SSCE Legal Studies - Question 12 - 2002 - Paper 1
Question 12
When can the law be characterised as just?
(A) When a judge allows for individual differences in determining a decision.
(B) When a judge makes a decision that ref... show full transcript
Worked Solution & Example Answer:When can the law be characterised as just?
(A) When a judge allows for individual differences in determining a decision - HSC - SSCE Legal Studies - Question 12 - 2002 - Paper 1
Step 1
A) When a judge allows for individual differences in determining a decision.
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While this may be compassionate, it can lead to inconsistent applications of the law and undermine the concept of justice.
Step 2
B) When a judge makes a decision that reflects his/her cultural values and ethics.
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This introduces subjectivity that can skew justice, as it may not align with the law's intent.
Step 3
C) When a judge applies the law equally to those appearing before the court without exception.
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This is a fundamental principle of justice, ensuring fairness and equality in the legal process.
Step 4
D) When the main considerations in reaching a decision are the time and the cost of the court process.
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This prioritizes efficiency over justice and does not necessarily lead to fair outcomes.
