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Fairness in the justice system
Essay question about justice and fairness
Difference between fairness and justice
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Argument Against Nozick’s Distributive Justice Robert Nozick argues in his Entitlement Theory that there are three main topics in the justice of holdings: the acquisition of ‘un-held things’, the transfer of holdings, and the rectification of injustice in holdings.1 Nozick’s theory of what makes a transfer of holdings ‘just’ should be rejected for two key reasons and the rectification of injustice of holdings should be rejected for two key reasons. Robert Nozick declares a transfer of holdings just if the exchange is voluntary and if the holding being exchanged was originally acquired by just means.2 The first key point of this argument that should be rejected is the fact that the grounds for a ‘just’ transfer of holdings relies solely on whether or not the exchange was voluntary by both parties. With this low standard of justice, it permits voluntary exchanges in which one party unknowingly, probably because of circumstances they cannot control such as a limited mental capacity, could voluntarily commit to a transfer in holdings that will negatively affect them, either indirectly or directly. These people may voluntarily agree to a transfer in holdings that they would most certainly not agree to if they were in their right mind and could consider all of the factors playing into the transfer. There are these people who are not in their right mind or who don’t have to mental capacity to keep their best interests in mind, and there are also people who would willingly take advantage of these people to further their own selfish agendas. If one was to uphold Nozick’s grounds for what makes a transfer of holdings ‘just’, one is allowing people to cheat people with lesser mental capacities out of what is rightfully theirs through ... ... middle of paper ... ...nd make the whole process of trade and acquisition very slow and cumbersome. Unless there was someway to effectively track and record every transaction in a fast and streamlined way, the rectification of holdings could effectively halt a market. Thus, for the four reasons stated above, Robert Nozick’s topics of transfer of holdings and rectification of holdings within his entitlement theory should be rejected. Not only are Nozick’s propositions inefficient and immoral, they may also create double standards as to what constitutes as an injustice. Works Cited 1 Robert Nozick, “’Distributive Justice’ from Anarchy, State and Utopia” in Tamar Szabó Gendler, Susanna Siegel, and Steven M. Cahn (eds.), The Elements of Philosophy: Readings from Past and Present (New York: Oxford University Press, 2008), 309—310. 2Nozick, 309—310. 3Nozick, 310. 4Nozick, 311.
The need for the law to recognise possessory and equitable interests in land under a system of registration of title is a contested issue in Australia. The term ‘title’ means the extent of ownership over property as recognised by the legal system. For the purpose of this essay, a system of registration of title means the Torrens title system. The protection of possessory and equitable interests in Western Australia will be discussed, with reference to the Torrens title system and real property. It will be argued that there is still a need for the law to recognise equitable interests in land, however, the Torrens framework does remove the need for the law for the law to recognise possessory interests, in particular the doctrine of adverse possession.
“Convincing the non-elite that inequality is morally right. Those most advantaged are justified in giving orders and receiving a greater proportion of valued goods and services, or at least, creating doubts about alternatives. All, individuals strive for cognitive consistency and will develop principles of fairness, such as Distributive Justice. Lastly, there is some evidence for distribution based on need as a result of ability to understand the needs of others. This is called the process of legitimation […]” (2011:461).
John Rawls, A Theory of Justice (revised edition, Oxford: Oxford University Press, 1999), p. 266.
Robert Nozick uses the example of Wilt Chamberlain to develop his theories on entitlement and distribution by establishing his libertarian view of justice in chapter 7 of his book "Anarchy, Stat, And Utopia" . Wilt Chamberlain, the basketball star, charges fans twenty-five cents to watch him play. Nozick creates a world in which we are to assume that the actions leading to this point, for all people, are just. Chamberlain simply offers his services to those who wish to attend the event. Assuming that he continues his show for some time, and people continue to pay the twenty-five cent fee, Chamberlain could generate a great deal of revenue. The people who paid their twenty-five cents did so freely, and although they are left with less money, Wilt Chamberlain has become a very wealthy man. Furthermore, Nozick encourages this example to be used within one’s desired philosophical and political utopia, and it would be fair to say that Will acquired his earnings in a way that has not violated the rights of another individual. Because Chamberlain's earning arose from a just, distributive starting point, the voluntary support of his fans should also be considered just. However, to fully understand how Nozick draws his conclusions about the validity of Chamberlain’s financial gain, is to understand the framework for the historical and non-patterned lenses through which he views the minimal state.
Throughout the existence of man debates over property and inequality have always existed. Man has been trying to reach the perfect state of society for as long as they have existed. John Locke, Jean Jacques Rousseau, and Martin Luther King are three great examples of men who broke down the basics of how property and inequality are related. Each historical figure has their own distinct view on the situation. Some views are similar while others vary greatly. These philosophers and seekers of peace and equality make many great arguments as to how equality and property can impact man and society. Equality and property go hand in hand in creating an equal society. Each authors opinion has its own factors that create a mindset to support that opinion. In this paper we will discuss the writings of John Locke, Jean Jacques Rousseau, and Martin Luther King Jr. and the factors that influenced their opinions on inequality and property.
In conclusion three notions of justice developed in Book I of The Republics of Plato are outlined in On Justice, Power and Human Nature. Justice is viewed as telling the truth and paying debts, doing good to friends and harm to enemies, and the advantage of the stronger.
Robert Nozick in the excerpt from his book Anarchy, State and Utopia presents his ideas on why a government in power should not spread the wealth of the state among all of the residents. Nozick writes mainly in response to John Rawls’ A Theory of Justice in which Rawls focuses on the idea of the state working towards improving financially the lives of those that are in the worst conditions. To explain his point of view Nozick expounds on various concepts that provide a better understanding of the procedure that lead to him arriving at the conclusion that he did. This includes the entitlement theory of Nozick. In this paper I will explain how Nozick reaches the conclusion that redistributive justice should not take place along with a detailed look at the various major concepts of his theory. In addition, I will also provide my view on what John Rawls’s argument against Nozick’s theory might be. Finally, I will explain why I agree with John Rawl’s theory and present detailed reasoning.
I will begin this paper by making clear that this is a critique of Rawls and his difference principle and not an attempt at a neutral analysis. I have read the Theory of Justice and I have found it wanting in both scope and realism. The difference principle proposed by Rawls, his second principle is the focus of my critique. While this paper will not focus solely on the second principle, all analysis done within this essay are all targeted towards the scope of influence that Rawls treats the second principle with.
The focus of this paper will be on criticizing the argument. He effectively explains what justifies the authority of the state by giving reasons that anarchy is better for autonomous nature of man. One might agree that the state can command an individual to obey the rule even if it is against the person’s moral beliefs. His argument, however, seems to undermine the
Culver, Keith Charles. Readings in the philosophy of law. 1999. Reprint. Peterborough, Ont.: Broadview Press, 2008. Print.
The concept of justice has been a crucial factor in determining governments and the structure of society. In this essay I will argue two thinkers, Thrasymachus and Hobbes, as represented in the writings of The Republic, by Plato and Leviathan, by Thomas Hobbes divergent ideas on justice.
Within two classical works of philosophical literature, notions of justice are presented plainly. Plato’s The Republic and Sophocles’ Antigone both address elements of death, tyranny and immorality, morality, and societal roles. These topics are important elements when addressing justice, whether in the societal representation or personal representation.
Distributive Property or distributive justice is the economic framework of a society that asserts the rightful allocations of property among its citizens. Due to the limited amount of resources that is provided in a society, the question of proper distribution often occurs. The ideal answer is that public assets should be reasonably dispersed so that every individual receives what constitutes as a “justified share”; here is where the conflict arises. The notion of just distribution, however, is generally disagreed upon as is the case with Robert Nozick and John Rawls. These men have different takes on how property should be justly distributed. Nozick claims that any sort of patterned distribution of wealth is inequitable and that this ultimately reduces individual liberty. Rawls on the other hand, prioritizes equality over a diverse group where the distribution of assets among a community should be in the favor of the least advantaged. The immediate difference between the two is that both men have separate ideas on the legitimacy of governmental redistribution of resources; however I intend to defend Nozick’s theory by pointing out significant weaknesses in Rawls’s proposition.
For Plato’s thesis – justice pays – to be validated, he has to prove two things, the first being that justice is inherently good. In
Contemporary Readings in Law & Social Justice, 5(2), 454-460.