Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The role of Justice
Intro to ethical theory
Intro to ethical theory
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The role of Justice
As humans, we have innate and strongly held feelings regarding what we consider fair. This idea of fairness is held in high regard by many people and can greatly affect their satisfaction in life. Fairness is fundamental to our ideas of justice. There are two concepts of justice that people hold. These are retributive justice and distributive justice. Retributive justice concerns the distribution of rewards and punishments based on what people deserve. This type of justice is applied on an individual basis. Distributive justice, on the other hand, is applied across society and is the type of justice that directly appeals to our sense of fairness in life. Distributive justice concerns the distribution of benefits in society, as well as the …show more content…
One of the most widely accepted versions of utilitarianism is J.S. Mills Greatest Happiness Principle. This states that something is moral if it maximizes overall happiness. Julia Driver raises an objection to this principle and its application in distributive justice. She says that “Utilitarianism seems incompatible with some of our strongly held intuitions about justice” (pg. 61). This is referring to her interpretation of the type of distribution utilitarianism would promote. She argues that the application of utilitarianism would lead to distribution that does not appeal to most people’s sense of distributive justice and …show more content…
61) I believe this is true because utilitarianism, by principle, completely disregards the importance of fairness. Utilitarianism says that happiness is all that matters when considering the morality of a situation. This is frankly inconsistent with the beliefs of many because most people believe that there is something more to morality than just happiness. Most people believe a society is just, not based on the total happiness it produces, but based on the fairness of distribution. Are everyone’s basic needs met? Are their gross inequalities in society? Are people getting what they deserve? All of these questions are relevant to people’s ideas regarding the justness of a society, but utilitarianism thinks these questions do no matter. Also, even if a utilitarian disagreed with Driver’s conclusion, it would be based on the fact that she misunderstands the utility produced in her given example, not because there is something innately wrong with her nonegalitarian society. Most people believe that there is something innately wrong with a society structured in this sense, but a utilitarian wouldn’t, and so I think Driver is correct in saying that utilitarianism does not align with most people’s sense of distributive
Nineteenth century British philosophers, Jeremy Bentham and John Stuart Mill sum up their theory of Utilitarianism, or the “principle of utility,” which is defined as, “actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness” (Munson, 2012, p. 863). This theory’s main focus is to observe the consequences of an action(s), rather than the action itself. The utility, or usef...
Utilitarianism is a moral theory that states that an action is considered right as long as it promotes the greatest happiness for the greatest number of people. This theory was first proposed by Jeremy Bentham and later was refined by J.S Mill. Mill differs from Bentham by introducing a qualitative view on pleasure and makes a distinction between act utilitarianism and rule utilitarianism. John Hospers critiques utilitarianism and shows that rule utilitarianism under more specific and stricter rules would promote utility better. Bernard Williams believes that utilitarianism is too demanding from people and instead believes virtue ethics is a better solution. Williams seems to have only considered act utilitarianism instead of rule utilitarianism, which may have better responses to the problems proposed by Williams. Sterling Hardwood purposes eleven objections to utilitarianism which can be used to help make compromise between act utilitarianism and rule utilitarianism. I will argue that rule utilitarianism can be formed in such a way that it avoids the problems that arise from Williams, and Hardwood.
In Utilitarianism, J.S. Mill gives an account for the reasons one must abide by the principles of Utilitarianism. Also referred to as the Greatest-happiness Principle, this doctrine promotes the greatest happiness for the greatest amount of people. More specifically, Utilitarianism is a form of consequentialism, holding that the right act is that which yields the greatest net utility, or "the total amount of pleasure minus the total amount of pain", for all individuals affected by said act (Joyce, lecture notes from 03/30).
The problem with Utilitarianism is not that it seeks to maximize happiness. Rather, it is that Utilitarianism is so fixated on generating the most happiness that the need to take into account the morality of the individual actions that constitute the result is essentially eradicated. In so doing, the possibility of committing unethical actions in the name of promoting the general welfare is brought about, which in turn, renders Utilitarianism an inadequate ethical
The principle of Utilitarianism as written by J.S. Mills can be summed up in his precise language, ‘actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness.’ Essentially, the morally correct action is the action that produces the most happiness, and the action that produces unhappiness is the morally incorrect action, and that this is the basis for morality. For example, if you have 20 dollars to spend and you have the option to either buying yourself an ice cream cone or not spending your money, the action that provides
Promote human flourishing and ameliorate suffering. However, there are two large flaws with the Utilitarian perspective, first that good consequences do not determine the right thing to do. Just because something immoral had good consequences in the long run does not make it okay. A Utilitarian would respond by saying one sacrifice to save ten people. This conflicts with morality because there is no circumstance where murdering an innocent person is acceptable. The second flaw is that it is impossible to live by because it is too demanding. If there is always something more you can do, you should sacrifice all of your time and money to do better for the world. Utilitarisnism should be taking into consideration what it means to be
Distributive justice requires the philosophical powers of reflection of the greatest theorists. In order to solve certain social issues, the most pragmatic solution must be concocted carefully to solve the biggest loopholes. Michael Walzer is no stranger to the complexity of social inequality. In his book A Defense of Pluralism and Equality, he argues that every society decides on the value of a social good and therefore should distribute those good according to the meanings they have. The social goods (healthcare, office, membership, money, politics, education) are divided into spheres each having their own distributive arguments. Walzer’s acceptance of the pluralistic nature of human group and ideology leads to his argument of a complex equality, one that contrasts the ideas of equality explicit in Rawlsian Liberalism.
The purpose of this paper is to examine the processes of both Restorative and Retributive justice through the case of Sara Kruzan vs. The State of California. First we will establish the principle philosophers associated with each type of justice and those system's theoretical applications in our criminal justice system. Then we will apply both systems to Sara Kruzan's trail and determine the publishable outcomes. Finally we will review Sara's Life after her trial and speculate on what system would have produced a more just outcome.
The main principle of utilitarianism is the greatest happiness principle. It states that, "actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure, and the absence of pain; by unhappiness, pain, and the privation of pleasure" (Mill, 1863, Ch. 2, p330). In other words, it results with the greatest amount of happiness for the greatest amount of people that are involved.
When it comes to justice distribution of privileges and power are equally important. The balancing act retributive, holds that an offenders suffering is justified because it maintains justice over time. The very idea of retributive punishment, is that it restores, rectifies and re-tributes the crime. It will over time lose its intelligibility. Aristotle argued that we should fix or equalize past injustices. He called it rectification justice.
Holmes offers three criticisms of utilitarianism. How is one going to achieve it so that it does benefit the highest number of people? How do you decide how to distribute the benefits in the best possible way? I agree that it would be very hard to decide the best way to distribute the benefits equally. How would a person decide if you do it over time or all at once? Utilitarianism sounds like a good way to live, as there are times it is necessary to safe the individuals t...
A disadvantage of utilitarianism is that it fails to acknowledge the rights of each person, thus advocating injustice acts. People can suffer from immediate consequences of an action fulfilled by being “utilitarian”. Utilitarianism ignores the importance of moral obligation. It is still our duty to decide upon a wrong or right act and not take in consideration the amount of good or evil it produces. Lastly, moral dilemmas only happen because either quality or quantity of “good” or “pleasure” is in doubt. A person deciding whether to do a moral act has to take in consideration the maximization of happiness and pleasure to the
In this paper I will present and critically assess the concept of the principle of utility as given by John Stuart Mill. In the essay “What Utilitarianism Is” #, Mill presents the theory of Utilitarianism, which he summarizes in his “utility” or “greatest happiness principle” # (Mill 89). Mill’s focus is based on an action’s resulting “happiness,” # pleasure and absences of pain, or “unhappiness,” # discomfort and the nonexistence of contentment, rather than the intentions involved (Mill 89). After evaluating Mill’s principle, I will then end this essay by discussing my personal opinion about the doctrine and how I believe it can be altered to better suit real-life situations.
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.
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.