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Concept of justice
The difference between justice and fairness
Corrective justice and distributive justice
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As Dworkin introduces his idea of political integrity, he begins by introducing his conception of three political ideals: fairness, justice, and procedural due process. According to his claims, a utopian society would only need these ideals to thrive because officials consistently doing what was perfectly just and fair would guarantee coherence. In our system of ordinary politics, Dworkin feels that integrity need be accepted as a fourth political ideal, if we accept it at all. In his definition of political integrity, Dworkin claims that it ought to be used to treat like cases alike, provide equality under the law, be parallel to personal integrity, and demand that the state act on a single set of consistent principles. In layman’s terms, the characterization of political integrity implies total equality under the law by all laws being justified by the same principles. Still though, he finds it important to make the assertion that it may well be the case that some “breaches” of integrity are, all things considered, better than the alternatives. Dworkin claims that we have two separate principles regarding political integrity. These principles, legislative and adjudication, try to make laws morally coherent, and allow them to be seen in such a manner. Also, when speaking of political integrity, he makes two important background assumptions. These background assumptions are that we all, as a society, believe in political fairness and that we know that different people hold different view about moral issues that they all treat as of great importance. From these assumptions and principles, Dworkin presents an interesting view of political compromise in the form of checkerboard laws.
Checkerboard laws are laws that treat si...
... middle of paper ...
...xplained under either current ideal of fairness or justice, explaining his insistence for including political integrity as an additional ideal.
Dworkin argues that society values political integrity for its own sake because of the resulting ability to have internal harmony without direct compromise. Under the acceptance of political integrity, he claims that political society becomes a special form of community that promotes its moral authority to assume and deploy a monopoly of coercive force. He promotes the view that the community should be seen as a distinct moral agent in that the social and intellectual practices that treat community that way ought to be protected. With political integrity integrated as an imperative aspect of the law, these practices are accepted without refuting our instincts through internal compromises, such as checkerboard solutions.
Mintz Eric, Close David, Croc Osvaldo. Politics, Power and the Common Good: An Introduction to Political Science. 2009. Toronto: Pearson Canada. 15,147,183.
In legal theory, there is a great debate over whether or not law should be used to enforce morality. The sides of the debate can be presented as a continuum. At one end, there is the libertarian view, which holds that morality is an individual belief and that the state should not interfere in the affairs of the individual. According to this view, a democracy cannot limit or enforce morality. At the other end, there is the communitarian position, which justifies the community as a whole deciding what moral values are, and hence justifies using the law to enforce community values. For libertarians, judges should play a prominent role in limiting the state, while for communitarians, judges should have as small a role as possible. In between these two extremes sit the liberal egalitarians, who attempt to reconcile democratic decision-making about moral values with liberalism. The problem is made more complex when one considers that both law and morality are contested concepts. Two recent cases where this continuum can be illustrated are Canada [Attorney-General] vs. Mossap, and Egan vs. Canada. In this essay, I will attempt to explore some of the issues produced in these two cases. I will begin with a summary each case, followed by an analysis of the major themes involved. I will then place the issues in a larger, democratic framework, and explore the role of law in enforcing morality in a democracy. I will then prove how the communitarian position - as articulated by Patrick Devlin - supports the decisions given in Mossap and Egan, and how even the great proponents of libertarianism - Mill and von Hayek - would agree that the decisions were just. A conclusion will then follow.
The founding principles of democracy are the will of the people and the rule of law. The former meaning that the citizens' beliefs, desires, etc. are translated into the government. The latter meaning that all individuals have equality under the law and that each individual has equal influence; this is frequently interpreted into the idea of one person, one vote (Garner, 2009). A third principle may be added to first two meta-principles as an offshoot, that the government must be transparent in its functions to achieve true democrac...
... of ignorance, the parties would come to his two basic principles of justice as written above.
In Chapter 4 of Political Thinking; the Perennial Questions, Tinder raises the question of whether social order can be maintained without power. The argument of whether humans are estranged or naturally good plays a large part in deciding this question. Tinder hits on two major topics before coming to his ultimate decision. The first is that human nature can be linked to reason as both a cognitive and a moral tool that can be used to live without a specific source of power. In other words, people with a strong sense of morality can suffice without the need of an organized government. It is then argued that the concept of natural occurring interests between a society successfully taps into the fear that social order is spontaneous, disregarding whether people are generally good or bad. The example of free enterprise is given, regarding humans as selfish and materialistic. With this an idea for government to protect property and create stability in currency arose while trying not to encroach on personal freedoms.
First, consider the Elected Official Safety Act. One can argue against it, chastising and criticizing it by vitriolic attacks on its validity, especially based on how it was stated. However, as this opinion will show, those attacks a...
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
Known as a period of political scandal, many politicians engaged in bribes, lies, and abuse of power to further a political, social, and often personal agenda. The typical corrupt leader "will sell his vote for a dollar [...] turns with indifference from the voice of honesty and reason [...] his unalienable right may be valuable to him for the bribe he gets out of it" (166). Such politicians are an injustice to society because as they are elected by the people, they must act towards the betterment of the people, rather than for themselves. Furthermore, those who elect this politician to office merely underestimate their political and social responsibility because they "want the feeling that their own interests are connected with those of the community, and in the weakness or absence of moral and political duty" (167). Thus, under the control of the ruthless politician and the reckless voter, the true essence of democracy is
In politics as in political science and legal scholarship, the world sometimes seems to be divided into those who think that for the sake of efficiency as well as justice markets must be free from regulation by morals and those who believe that, considerations of efficiency notwithstanding, justice demands that morals govern markets. In his instructive and admirably balanced new book, Cass Sunstein contends that, for all concerned, this is a bad way for the world to be divided.
Justice plays a valuable part in the public’s life; no matter who you are or where you are from. In Michael Sandel’s Justice: What’s the Right Thing to Do? the reader encounters six specific approaches to lawfulness and ethical morality, which constitute of utilitarianism, libertarianism, Locke, Kant, Rawls, and Aristotle. Each of these definitive philosophies falls under one of three general concepts and categories. These consist of freedom, virtue, and welfare. Exclusively judging the title of the book, one may think that it attempts to solve or bring forth ethical and moral issues of our time. After reading the book however, the reader becomes aware that Sandel’s work is much
John Rawls’ Justice as fairness attempts to both define the principles typical of justice and describe what a just society would necessary entail by the conception presented. What is described is not a perfectly good society, as justice is but one virtue among many, but a just one. Specifically, Rawls’ conception is that justice and fairness are one in the same. Using this as a starting point, Rawls focuses foremostly on the practices in a society, rather than any individual action. In this way, he expounds on what is meant by the term fairness and what value that term has in explaining justice. In this paper of three parts, I will first describe Rawls position on justice, including this position’s main principles. Secondly, I will examine
Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. A faction, as commonly understood, is a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passions or of interest, adverse to the rights of there citizens, or to the permanent and aggregate interests of the community. There are two methods of curing the mischief of faction: the one, by removing its causes, and the other, by controlling its effects. To attack the causes of faction, there are two possible approaches, either destroy liberty, which is essential to its existence, or by give every citizen the same opinions, passions and interests. Obviously, in this case, the possible remedies are far more intolerable than the disease. The latent causes of faction are inherent traits of human kind, and therefore faction, to one degree or another, appears in almost every facet of society. To ameliorate society of this problem, it is necessary that no man have the ability to be a judge in his own cause because his interest would certainly bias his judgment, and, not improbably corrupt his integrity. Even if some superlative people would be able to circumvent this trait, the fact that those in this position will not always be superlative negates this exception. By this reasoning, the causes of faction cannot be removed; and that relief is only to be sought in means of controlling its effects. If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote; while this may lead to inefficient governing and the convulsion of society, it will effectively deter the violence of faction. The problem from there progresses to one of keeping a powerful majority in check so that it can not trample the interests of the population as a whole. For this reason, a pure democracy is without competence to remedy faction; only in a republic, representative democracy, is the prospect for the deterrence of faction present.
The difference between ethics and morals, between unethical conduct and immoral behavior, is significant with regards to the actions of elected officials. Elected officials should be obliged to live with ethical conduct but necessary moral behavior. Obligating elected officials to live ethically exemplary lives with regards to their profession is appropriate because the officials are elected into their government positions by the nation's or region's citizens. Those denizens expect their officials to abide by the region's own ethics, by “well-founded standards of right and wrong that prescribe what humans ough...
Justice is the first virtue of Social institutions. Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override. For this reason justice denies that the loss of freedom for some is made right by a greater good shared by others. It does not allow that sacrifices imposed on a few are outweighed by the larger sum of advantages enjoyed by many. (Rawls, 1971)
Politics is the means for attaining valued things. Although, valued things are different in every society, the means of securing those things has never changed. The competition for power, authority and influence will always be the backbone of politics. Applying power, authority and influence to the valued things that support the public good, will produce the quality of life a society desires. In the present day, citizens in the United States demand certain valued things such as welfare, education, safe streets and healthcare. Through politics, citizens can apply their power in many different ways to get the things they want. Power is the ability to get someone to do something they may or may not want to do. Through the use of or the application of coercion, persuasion, manipulation and negotiation, power is used to influence the system.