Aside from understanding that: - formal is more about fairness, and everyone being treated equally - substantive is more about being just, and the atti.
Social justice and equality can be factored into welfare designs and deliveries by assessing the needs of the target population. Since there has been tax cuts recently in the budget for social welfare projects, the government devised tools that would determine whether one is eligible for social welfare or not, such as income allowances and other monetary measures.
The goal of this essay is to provide some perspective in the search for substantive justice, especially the endeavor to say something positive about the substantive content of justice. The method employed has been to share the insights generated in the life-long exploration of natural law carried out by Lon Fuller.
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Substantive Principles of Justice According to Yeo and Moorhouse (1996), there are five substantive principles of justice. These are the principles of need, equality, utility, liberty, and restitution.
As such, substantive justice ensures and creates opportunities for people whose rights have been violated to present their grievances, but not to prevent this violation. Thus, it serves as a form of punitive measure to see to it that those who fail to honor their part of the bargain in relation to following a defined code and obligation face justice (Sandefur, n.d).
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Substantive justice is concerned with the mechanisms of the legal system which ensure a just and fair outcome in individual cases. By making sure each case has a pre- trial process, principles of sentencing, rules of evidence, mechanism to rectify miscarriages of justice, stare decisis, equity, fault liability in criminal law and contributory negligence.