Political Project
Political Project
Submitted by
Kunal Sobti, Nikesh Ojha, Kartik Tripathi, Krishna Bisht,
Kanishka Sharan, Triveni Kalhan
INTRODUCTION
Imagine you're playing a game with your friends, and you want to make sure
everyone has a fair chance to win. The theory of justice is like creating the rules
for that game so that everyone feels they have equal opportunities and nobody is
unfairly treated. Some other philosophies are:
John Rawls was an American Philosopher; he gave the world his famous theory
of justice. His theory of justice describes society of free citizens holding equal
basic rights and cooperating within an equal economic system. He wrote a book
named as A Theory of Justice. A Theory of Justice asserted that a good society
is characterised by a number of virtues. Justice is the first virtue of a good
society. Here is objective of Theory of Justice by John Rawls:
OBJECTIVE:
In A Theory of Justice, Rawls argues for a principled arbitration of liberty and
equality. Principles of justice seek to guide the conduct of the parties. These
parties are recognized to face moderate scarcity, and they are neither naturally
unselfish nor purely selfish. People have goals they want to achieve, but they
prefer to reach these goals by working together with others in a way that
everyone agrees is fair. So, they aim for mutual cooperation rather than pursuing
their goals alone or through conflict. Rawls offers a model of a fair choice
situation (the original position with its veil of ignorance) within which parties
would hypothetically choose mutually acceptable principles of justice. Under
this situation, Rawls believed individuals will be likely to support a decision
that would be fair and equal for all the members.
Veil Of Ignorance
Rawls describes this thinking as ‘Veil of Ignorance’. He argues that the only
way we can arrive at fair and just rule is if we imagine ourselves to be in a
situation in which we have to make decisions about how society should be
organised although we do not know about position, we would ourselves occupy
in that society. That is, we do not know what kind of family we would be born
in, whether we would be born into an 'upper caste’ or ‘lower’ caste family, rich
or poor household, privileged or disadvantaged. He expects that in such a
situation of complete ignorance about the possible status and position in society,
each person would decide in the way they generally do, that is, in terms of their
own interests. But since no one knows who he would be, and what is going to
benefit him, each will envisage and expect the future society from the point of
view of the worst-off. It will be clear to a person who can reason and think for
himself, that those who are born privileged will enjoy certain special
opportunities. But what if they have the misfortune of selected and born into the
disadvantaged section of society. Rawls also assumes that these hypothetical
people would be conservative risk takers and in a situation of uncertainty would
obviously opt for the least disadvantageous outcome in any choice presented to
them. Hence, they would choose those principles which would maximize the
position of the worst-off, assuming that when the veil is removed, they
themselves would turn out to be the worst-off.
Here the attempt will be to see whether if the resources like education, health,
shelter. Etc are available to all persons, if they are not part of upper-class
families.
THE TWO PRINCIPLES OF JUSTICE:
This principle states that everyone has an equal right to basic liberties,
such as freedom of speech, assembly, and conscience.
According to the rule of equal liberty, all the citizens of the society should
be given certain liberties that are necessary for human existence. These
liberties are so necessary that they cannot be taken away or infringed. For
example, these liberties include:
Freedom of Speech
Freedom of Liberty
Freedom of Conscience
Freedom of Equality
These liberties are necessary to secure the rule of law. Rawls doesn't
consider things like making business deals or owning factories as basic rights.
He thinks that focusing too much on economic progress can leave some people
behind.
Clause {B} of Rawls’ second principle of justice is also called the fair equality
of opportunity principle. Rawls believes that society should give everyone the
basic tools they need to compete fairly. This means everyone should have access
to things like education and healthcare so they can go after the jobs or positions
they want. Simply it means, everyone gets a fair shot at success.
JUSTICE SYSTEM
INTRODUCTION
The justice system is a very complex institution that was established to provide
social control, deterrence, and limitation of crime, as well as punishment for
offenders who violate the law. It basically links organizations, the rules
governing them, the processes involved, and principles meant to secure rights of
persons, provide order, and ensure fair treatment. The various systems, by
country, differ but most are comprised of three elements: law enforcement,
judiciary, and corrections. Let's disassemble the framework, the functions,
principles, and difficulties of the justice system.
TYPES OF JUSTICE
Under justice, there are various categories embracing equitability in different
jurisdictions as follows:
Justice has perhaps been one of the most important and central topics in
philosophy, with thinkers such as Plato, Aristotle, Kant, and Rawls having put
forth influential theories regarding what justice might entail and how it should
be achieved.
Plato: Plato in The Republic defined justice as being a harmonious relation
between parts of the soul and parts of the state. It is when each person serves his
role for the good of order and balance according to Plato.
According to Kant, justice is grounded on general moral principles and the right
of individuals. Justice had to be impartial and fair since its basis was "done in
the respect of men's rights and dignity.". John Rawls: Rawls opened A Theory of
Justice with "justice as fairness." He would allege that if people were sitting in
an "original position" behind a "veil of ignorance," not knowing their own place
in that society, they would decide on its principles. The idea is supposed to
achieve fairness because it makes sure that the rules will not Favor certain
persons or groups.
Justice is an important determiner of the law and political system. Legal justice
aims at ensuring laws that depict ethical and moral standards within society.
Political justice identifies fair governance and representation principles.
Legal Justice: Legal systems are founded on ideas of justice that protect citizens'
rights and allow due process and justice to the law. These are substantive justice
or fairness of the laws and procedure themselves and procedural justice or
fairness in legal procedures. Political Justice Political justice in democracies
establishes systems wherein each has a decentralised voice in the governance
system. It introduces principles like freedom of speech, a right to vote, equality
in front of the law, and addressing issues of inequalities in power and wealth
representation.
PRINCIPLES OF JUSTICE
Fairness: This is a feature of justice, wherein all things should be done without
discrimination and prejudice. Equity is expected to provide equal opportunities
and access for them.
Equality: Equality seeks equal treatment of persons, both in the exercise of their
rights and protections before the law. However, often there is a difference of
opinion on whether justice means literal equality-treating equals equally-or
equity-an understanding and consideration of individual differences in need of
support. It is morally correct, going by the moral culture and what society
deems "proper." It encompasses respectability of a human being, his freedom
and self-convenience to make decisions irrespective of his conditions.
It is very much complex and there have been many debates regarding how it
might be better interpreted and applied.
This is also reflected through moral, cultural, and religious beliefs in which
viewpoints concerning justice are set and varied based on interpretations. Cases
vary between societal orientation toward retributive justice or more towards
rehabilitation or restorative justice.
Balancing individual and collective rights: Justice often seeks that fight to be
fair between the rights of one versus the good of all. As demonstrated above,
public safety measures such as surveillance technically infringe on the right to
privacy. One of the characteristics of system-based inequalities in terms of
wealth, race, and gender is to undermine justice in many societies. Always,
social justice activists are extolling changes to regulate such inequalities in
order to have fair opportunities and access to all.
CONCLUSION
INTRODUCTION
John Rawls' theory of justice, articulated in A Theory of Justice (1971), has been
both influential and controversial in the field of political philosophy. His
concept of "justice as fairness" proposes a framework for evaluating social
justice that emphasizes equality and the protection of individual rights. Below is
a critical analysis of Rawls' theory, highlighting its strengths, weaknesses, and
the implications it has for contemporary society
A CRITICAL ANALYSIS
1. Emphasis on Fairness
Rawls' approach prioritizes fairness in the distribution of resources and
opportunities. By introducing the veil of ignorance and the original position,
he ensures that principles of justice are chosen without bias, promoting a system
that is equitable for all individuals regardless of their social status or personal
circumstances.
2. Principles of Justice
Rawls articulates two key principles:
Equal Liberty Principle: Every individual should have equal rights to
basic liberties.
Difference Principle: Inequalities are permissible only if they benefit the
least advantaged members of society
. This principle acknowledges the reality of economic disparities while ensuring
that they serve a greater good.
Moral Objectivity
WEAKNESS
. Permissibility of Inequality
Critics argue that Rawls' acceptance of inequalities, even if they benefit the least
advantaged, can undermine true equality and justice Some philosophers
contend that any form of inequality is inherently unjust, regardless of its
intended benefit This criticism raises concerns about whether his framework can
effectively address systemic injustices.
. Practical Application
The theoretical constructs of the original position and veil of ignorance may be
challenging to implement in real-world scenarios. Critics question whether
individuals can genuinely detach from their identities and social contexts to
make impartial decisions about justice This raises doubts about the feasibility of
achieving a well-ordered society as envisioned by Rawls.
1. Amartya Sen
2. G.A. Cohen
3. Norman Daniels
Daniels extends Rawls’ framework by arguing for the inclusion of health care as
a primary good within the theory of justice. He posits that access to health care
is essential for individuals to pursue their life plans effectively and should be
guaranteed within a just society. His work emphasizes the need for health equity
and suggests that a Rawlsian approach should explicitly address health care
rights to ensure fairness in opportunities for all individuals
4. Michael Sandel
Sandel critiques Rawls' reliance on the veil of ignorance as a method for
determining principles of justice, arguing that it abstracts individuals from their
identities and moral commitments. In his book Justice: What's the Right Thing
to Do?, Sandel emphasizes the importance of community values and shared
beliefs in shaping notions of justice, suggesting that moral reasoning cannot be
divorced from personal identity and societal context. He advocates for a more
communitarian approach that recognizes the role of cultural and social factors in
discussions about justice
5. Robert Nozick
Nozick presents a libertarian critique of Rawls in his book Anarchy, State, and
Utopia. He argues against Rawls' difference principle by asserting that
redistributive policies violate individual rights to property and self-ownership.
Nozick defends a minimal state that protects individual freedoms without
interfering in voluntary exchanges, positing that any redistribution is inherently
unjust unless it arises from voluntary transactions or just acquisitions.
Rawls' theory has significant implications for modern debates on social justice,
particularly in discussions surrounding welfare policies and economic reforms.
His principles encourage policymakers to consider the impact of legislation on
the least advantaged, advocating for structures that promote equality of
opportunity and safeguard basic liberties. Moreover, Rawls’ framework serves
as a valuable tool for evaluating social policies through an impartial lens,
fostering discussions about fairness in resource allocation and institutional
practices
. His ideas continue to resonate in contemporary discourse on justice,
influencing movements aimed at reducing inequality and enhancing social
welfare
Conclusion
However, Rawls' theory is not without its critiques. Scholars such as Amartya
Sen, G.A. Cohen, and Michael Sandel have raised important questions about the
adequacy of Rawls' focus on primary goods, the permissibility of inequalities,
and the role of identity in moral reasoning. These critiques highlight the need
for a more nuanced understanding of justice that considers capabilities,
community values, and gender dynamics.
Literature review
Lexical Ordering
Rawls argues that these principles should be lexically ordered, meaning that the
first principle (equal liberties) takes precedence over the second (inequalities).
Within the second principle, fair equality of opportunity is prioritized over the
difference principle, ensuring that everyone has a fair chance to succeed
regardless of their background.
Key Arguments
Conclusion
In summary, John Rawls' A Theory of Justice offers a compelling vision of a
just society rooted in fairness and equality. His principles challenge traditional
views by emphasizing individual rights while allowing for inequalities only
when they serve to uplift the least advantaged. This framework has significantly
influenced contemporary political philosophy and discussions surrounding
social justice, making it a pivotal work in understanding modern ethical and
political thought.
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