Wednesday, 7 January 2015

05:41 - No comments

The 'In' Justice Concept based on Nazi Laws

CONCEPT OF (IN) JUSTICE MAINLY BASED ON NAZI LAWS

ü   what is just and unjust may not be easily identifiable based on criterion
ü   example in the job interview of the Nazi’s regime
ü   Stalinist Soviet Union time
ü   Injustice of unjust political regimes involving mass murder  among it
ü   Give example of east german border guard case, jews property case and berlin wall case & grudge informer case
ü   Mcbourey and White argued condemning the Nazi’s law as merely evil was not sufficient
ü   Fuller stated in his inner morality of law the eight benchmarks or criteria mainly in terms of procedural fairness could give rise to the breach of inner morality of law and also to injustice
ü   Leidmann v Reisenthal à plaintiff wanted to escape the racial prosecution in Nazi occupied france and paid defendants substantial sum of money an dhaned valuable jewellery and money. Defendant then abandoned P and P managed to escape to US met D in New York and wanted to bring an action for breach of contract. Court formal illegality would not act as a bar to proceed with the matter and that it would not apply now
ü   humanity should be treated as an end itself and not means to an end

ü   Mcoubrey and White stated: social justice may involve balancing between individual aspiration and collective needed


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