Formal justice Procedural law vs Substantive justice material law ILW1501

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#UNISA #law #INTRODUCTIONTOLAW #ILW1503 #ILW1502 • Justice • Definition – equality before the law • 2 types of justice • • Formal justice (Procedural law) • o Important consideration is formal law (procedural) which deals with how legal proceedings need to be conducted. Formal law needs the following to achieve formal justice •  Explicit rules to be laid down to show people how they should be treated in specific cases •  Rules must be applied generally meaning must be applied to all people in the group under the same circumstances; and •  Rules must be applied impartially by a legal institution meaning the judge may not be biased or apply rules unequally. • • Substantive justice (material law) • o Sometime formal justice may seem unjust • o Substantive justice considers the content of the rule and not the way in which it is applied. • o The content of the rule is looked at to determine whether justice of fair and just

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