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Principles of distributive justice
Principles of distributive justice
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Does justice require that people are given what they deserve? According to Pojman (2006), justice is the constant and perpetual will to give every man his due. This would seem to imply that for justice to be carried out, people must get what they deserve. But there is some debate over what being just entails; to be just is to be fair, but is being fair truly to give people what they deserve? In this essay, I will detail why justice requires that people are given what they deserve through the scope of punishment, reward, and need. In the case of punishment, justice must be upheld, and to be just, one must be fair. It appears intuitively clear that it would be unjust to punish someone who stole a packet of gum from a grocery store with a death …show more content…
It seems, in an egalitarian sense, that it cannot be considered just to give to some and not others. On this point, John Stuart Mills asked the question of what criteria one should be judged on when desert comes into question; hard work, or natural talent (Pojman, 2006)? This opens the door for many questions over whether desert based on merit is truly a just act. However, it seems a resolution for this problem can be found in the term ‘natural desert’. Natural desert describes qualities that allow you to deserve something, simply because of who or what you are, such as high intelligence (Pojman, 2006). In the case of one student creating an essay worthy of an a+ grade because they worked hard, and another creating an essay of the same level simply because they possess a high intelligence, the latter problem arises – but Norman (2001) displays that having such inherent abilities that we are born with is merely a matter of ownership. In the same way that someone who owns a car should be able to use it to travel conveniently, someone who is born with high intellect should be able to wield that intellect to their advantage. In this sense, it seems obvious that it is nothing but just to reward natural desert. Further, giving individuals less than what they earned – or, more to the point, deserve – is unjust. Imagine calling a plumber to fix your broken …show more content…
If desert is based off of individual’s merit and hard work in society, then it would seem to follow that those who are incapable of contributing in such a way would, therefore, be deserving of nothing (Mills, 2004). This is a troubling conclusion indeed. Further, if justice truly is fairness, then it would seem only right that those who need more than others should be given more than others so as to function at a similar level of ease as the rest of society (Norman, 2001). Therefore, it would seem that desert could have no place in justice. However, an important rebuttal is a form of distributive justice known as social desert. Social desert outlines the public value and resources that every individual should be able to acquire in society (Guoqinga, 2016). This includes access to education, public services, and government support. Social desert certainly dictates that disadvantaged people should be given the extra resources they require (Norman, 2001), and is therefore certainly a proponent of justice. Following, distributive justice is undeniably a matter of desert, as it can be considered that those who are disadvantaged or otherwise disabled are so because of what they were born into, or who they are – therefore, this is a matter of natural desert (Guoqinga, 2016), which, following, would detail that society should use the
The author believes the maldistribution of any punishment is not relevant to its justice – The guilty are punished, not one’s race, economic, or social status.
Before discussing justice in the epic, it is important to establish the meaning of the term. For our present purpose, justice will specifically apply to the social system of moral checks and balances. Acts that are valued in society are rewarded materially or emotionally. Acts that are devalued lead to punishment. Also, recipients of unmerited punishment receive compensation for their injuries.
Igor Primoratz defends the retributivist idea that a punishment is justified only if it gives a criminal his just deserts. But what do criminals deserve? Primoratz argues for the following principle: criminals deserve to be deprived of the same value that they deprived their victims of. Primoratz regards all human beings as possessed of lives of equal moral worth, and believes that the human life is the most valuable thing. He thinks that murders deserve to die. Since justice is a matter of giving people what they deserve, it follows that justice demands for murderers to be executed.
Have you ever wonder if there is any good justification for the policy of punishing people for breaking laws? Boonin’s definition of punishment consists of Authorized, Reprobative, Retributive, Intentional Harm. The problem of punishment incorporates three different answers. Consequentialism, which makes punishment beneficial (will do good for the people later in the future). Retributivism punishment is a fitting response to crime. As well as, the option of ‘other’ punishment can be a source of education, or expressive matter. Moreover a fourth answer can be an alternative called restitution, punishment is not necessary for social order. In The Problem of Punishment, by David Boonin deeply studies a wide range of theories that explain why the institutions is morally permitted to punish criminals. Boonin argues that no state , no-one succeeds with punishment. To make his argument stronger, he endorses abolitionism, the view
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
Final Exam Kristina McLaughlin Saint Joseph’s University CRJ 565 Question 1: Word Count The judicial system is based on the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982).
Herbert Morris and Jean Hampton both view punishment as important to a healthy society. However, their views on what kind of role does punishment plays in a healthy society are vastly different. Morris believes that when one commits a crime they “owe a debt to the society and the person they wronged” and, therefore the punishment of that person is retributive, and a right for those who committed this wrong (270). Hampton, on the other hand, believes that punishment is a good for those who have strayed in the path of being morally right. Out of the two views presented, I believe that Hampton view is more plausible, and rightly places punishment as a constructive good that is better suited for society than Morris’s view.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
Also, that justice is a certain type of specialization, meaning that performing a particular task that is a person’s own, not of someone else’s. Plato (2007), Polemarchus argues with Socrates in book I that, “Justice was to do good to a friend and harm to an enemy” (335b p.13). Plato (2007) he then responds, “It is not the function of the just man to harm either his friends or anyone else, but of his opposite the unjust man” (335d p.14). His views of justice are related to contemporary culture, because when someone does something that they are supposed to do, they receive credit or a reward for it, but if the opposite of that is performed, by not doing the particular task that is asked, they are then rewarded but with punishments. Also, that justice is doing the right thing in a society. Justice of contemporary culture does not diverge from the views offered in The Republic and Socrates views are adequate, because if a task is not performed the way it needs to be, and is supposed to be a person should not be rewarded for it. Additionally, that an individual should be just not
Equity means giving every individual what he or she merits or, in more conventional terms, giving every individual his or her due. Equity and reasonableness are nearly related terms that are frequently today utilized conversely. There have, be that as it may, additionally been more unmistakable understandings of the two terms. While equity normally has been utilized with reference to a standard of rightness, decency frequently has been utilized as to a capacity to judge without reference to one 's emotions or intrigues; reasonableness has additionally been utilized to allude to the capacity to make judgments that are not excessively general but rather that are concrete and particular to a specific case. Regardless, an idea of desert is significant to both equity and decency. Case in point, are requesting what they think they merit when they are requesting that they be treated with equity and decency. At the point when individuals contrast over what they accept ought to be given, or when choices must be
With the field of philosophy, the concept of "desert" suggests the status of deserving a particular response based upon prior action. The term is often invoked within conversations dealing with blame and justice. However, philosophers disagree on whether desert justifies responsive behaviors such as punishment or revenge. This debate is particularly significantly within the context of a legal system that purports to punish criminals in a manner that is consistent with their crimes.
Eliminating the death penalty as a method of punishment will only allow criminals to wreak havoc and chaotic in our community without the fear of death. When a person commits a crime, they are disrupting the order in the community. Justice help restore the disruption of that order. The Death penalty restore social order and give the states authority to maximized retribution for the victims. When the state does not have the authority to maximum retribution, the public may put the law in their own hands. Although, execution may be cruel and inhumane, it is nothing compared to the fate of many victims in the hand of the murderers. The purpose of the death penalty is to provide retribution for the victims and their families. However, retribution is not revenge. “Vengeance signifies inflicting harm on the offender out of anger because of what he has done. Retribution is the rationally supported theory that the criminal deserves a punishment fitting the gravity of his crime” (Pojman, 2004).
indeed act as a deterrent on criminal homicide. Is the theory of “Just Deserts” (Bedau,
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Of course I looked “justice” up in the dictionary before I started to write this paper and I didn’t find anything of interest except of course a common word in every definition, that being “fair”. This implies that justice has something to do with being fair. I thought that if one of the things the law and legal system are about is maintaining and promoting justice and a sense of “fairness”, they might not be doing such a spiffy job. An eye for an eye is fair? No, that would be too easy, too black and white.