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Justice As Fairness LMS - 100112

Reviewer for Ethics

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yshievirgil2006
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21 views23 pages

Justice As Fairness LMS - 100112

Reviewer for Ethics

Uploaded by

yshievirgil2006
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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What is Justice?

What is Fairness?
Justice
• Giving a person what he/she
deserves.
• FAIR.
Fairness
• The freedom from prejudice and
quality of treating people
equally.
• Retributive
• Compensatory
• Distributive

Types of Justice
• It consists in the just imposition of
punishment and penalties on those
1. Retributive who do wrong. This is related to
Justice procedural justice, referring to fair
decision procedures, parties, &
agreements.
• Concerns the just way in
compensating someone for a past
2. injustice or what he/she lost when
Compensatory wronged by others.
Justice
• It involves the just allocation of goods
or fair distribution of benefits and
burdens.
3.
Distributive • When issues concerning the common
justice good are at stake, distributive justice
comes into play.
Distributive • Equality
• Equity
Justice – • Power
Principles • Need
(Norms) • Responsibility
1. Justice as Equality: Egalitarianism
2. Justice Based on Contribution
Theories of (Equity): Capitalist Justice
3. Justice Based on Needs and Abilities:
Distributive Socialism
Justice 4. Justice as Freedom (Power; Equity):
Libertarianism
5. Justice as Fairness: John Rawls
Justice as Fairness – John
Rawls
Fundamental Principle of Rawls Theory:

“Each person possesses an inviolability founded on justice that even the


welfare of the state cannot override. Therefore, the rights secured by
justice are not subject to political bargaining or to the calculus of social
interest.”

Implications:
1. That LIFE (rights) should not be sacrificed for the sake of the majority.
2. That an unjust law is better than no law at all.
3. That individual liberties should be restricted to maintain equality of
opportunity.
• A just society must offer the
same opportunities to everyone.
• Rawls’ theory focuses:
• NOT on foreseeable results of an
“Justice as action;
• NOT on right or wrong principles
Fairness” – motivating the action;
John Rawls • NOT on virtues of character, but
• ON SOCIAL INSTUTITONS WITHIN
WHICH ACTIONS AND POLICIES
ARE DETERMINED.
• Justice is:
• A virtue of social institutions,
measured by fairness in
Definition allocating benefits and
burdens, defined by two basic
and principles:
Principles of 1. Liberty Principle
2. Difference Principle
Justice
• Rawls’ “Liberty Principle”

“Each person is to have equal right to


the most extensive scheme of equal
basic liberties compatible with a
1. Liberty similar scheme of liberties for others”
Principle
Rawls specifies five kinds of such goods:
1. Basic rights and liberties (life, speech, freedom
of thought, liberty of conscience)
2. Freedom of movement, free choice of
Basic Goods occupation
3. Powers and prerogatives of offices & positions
(Basic Liberty of responsibility;
4. Income and wealth
Rights) 5. Social bases for self-respect – “aspects of basic
institutions normally essential if citizens are to
have a lively sense of their worth as persons &
advance their ends with self-confidence”.

Those who lack access these goods are “least


advantaged”
• Who are the “least
advantaged”?

The
Least • Those with lowest expectations
Advantaged for/ access to “primary goods” =
“what free and equal persons
need as citizens”
• Rawls’ “Difference Principle”

“Social and economic inequalities are


to be arranged so that they are both
a) reasonably expected to be to
2. Difference everyone’s advantage, and b)
Principle attached to positions and offices
open to all”.
• How can the two principles be universally adopted?
How can we actualize Rawls’ theory of justice?

Original Veil of Ignorance and Original Position:


Position and • The veil of ignorance is a situation where people in
the society would be placed in a hypothetical
Veil of situation called the Original Position.
• In the original position, individuals will agree on
Ignorance specific rules and social institutions. In the veil of
ignorance, individuals choose the basic structure of
society they thought is just.
• If everyone in the original position promotes
equality, then JUSTICE AS FAIRNESS is attained. If
inequality is upheld, then INJUSTICE prevails.
Principle of Taxation
and Inclusive Growth

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