Compensatory Justice

- Reparation of damage done on persons and property

o Reparation of wrong committed
o Restoration of loss of property as consequence of a wrong committed
Value of Compensation? That which is proportionate to the value of the property lost.
CITE EXAMPLE
3 Conditions for an injured party to be compensated
1. The action that caused the injury should be wrong or negligent
2. The action of the person is the real cause of the injury
3. The person acted voluntarily and consciously
CITE EXAMPLE
IN REALITY: most cases involving compensatory justice are dismissed because of lack of 3
rd
condition

Retributive Justice
- Punishment rendered on persons for the wrong they committed
o Involves just or fair way of determining blame of punishment for the wrong committed
CITE EXAMPLE
3 conditions for punishment to be just of fair:
1. That the person who committed the wrongdoing knowingly and voluntarily did the wrong
act
a. Full awareness and full choice, exception is in cases of negligence (participate)
b. To avoid this condition, several defenses are raised, such as ignorance, inability,
insanity, intimidation, undue influence
2. There must be certainty that the person accused of the wrongdoing really committed the act
beyond reasonable doubt
a. Right to Due Process (participate)
i. The right to an impartial tribunal
ii. Right to notice
iii. Right to a hearing (including right to present ones case and submit
evidences in support of the case in front of a tribunal)
1. Tribunal must be free from bias or undue influence
3. The punishment must be consistent and proportionate to the wrong committed
Question: What is a consistent and proportionate punishment?
In business, it depends of the company policies, consisting of list of offenses and corresponding
punishments



CONCLUSION
Concepts: Freedom of choice, rights, justice
Limitations:
Freedom of choice
Purview of what is right and good and true
Corresponding responsibilities
Rights
Duties (like 2 sides of a coin)
Justice
Requirements of Due Process
Conditions for Justice to apply