Kayleigh May
Student no: 68021321
ILW1501 - Assignment 1 - Unique No: 688461
Date: 23/04/2020
, Question 1
1.1 The three basic requirements in order to determine whether formal justice has
been achieved, are as follows:
1. There must be clear rules in place to show how people must be treated in certain
cases.
2. The rules must be applied generally to all people under the same circumstances
or in the same cases.
3. The rules must be applied impartially and in an unbiased manner by a legal
institution and the person is not allowed to apply the rules in an unequal manner.
I feel like formal justice has been achieved in this scenario as all three basic requirements
are met. Although the impartial person is not clarified to be a legal institution, the rules
are clear and applied to all employees equally, as stated in the case.
1.2 Substantive justice stipulates that the content of the rule applied must be analyzed
to determine whether it is fair and just. Formal justice can be achieved by applying
the rule equally but this rule may not be fair and just, thus substantive justice may
not be achieved. In this scenario, the rule determining that Solomon may not be
promoted to the position he desires, must be looked at in order to determine
whether it is fair and does not discriminate towards Solomon.
Student no: 68021321
ILW1501 - Assignment 1 - Unique No: 688461
Date: 23/04/2020
, Question 1
1.1 The three basic requirements in order to determine whether formal justice has
been achieved, are as follows:
1. There must be clear rules in place to show how people must be treated in certain
cases.
2. The rules must be applied generally to all people under the same circumstances
or in the same cases.
3. The rules must be applied impartially and in an unbiased manner by a legal
institution and the person is not allowed to apply the rules in an unequal manner.
I feel like formal justice has been achieved in this scenario as all three basic requirements
are met. Although the impartial person is not clarified to be a legal institution, the rules
are clear and applied to all employees equally, as stated in the case.
1.2 Substantive justice stipulates that the content of the rule applied must be analyzed
to determine whether it is fair and just. Formal justice can be achieved by applying
the rule equally but this rule may not be fair and just, thus substantive justice may
not be achieved. In this scenario, the rule determining that Solomon may not be
promoted to the position he desires, must be looked at in order to determine
whether it is fair and does not discriminate towards Solomon.
