Friday, 3 June 2022

Theory of Justice

 From my point of view, justice is nothing but being fair. Okay, what is justice from a law point of view?-Being justified. But what is being justified? It is the process of using laws to judge and punish crimes and criminals fairly.


What is a theory of justice?

John Rawls, a political philosopher and an American moral, wrote A Theory of Justice in 1971. It tried to address the issue of societal distributive fairness. Traditional philosophical arguments on what defines a fair institution and the basis for social acts and policies were rejected by Rawls.


The utilitarian argument states that society should seek the greatest good for the most significant number of people, which aligns with the tyranny of the majority over the minority. According to John Rawls, justice is defined as fairness, and social justice is the primary feature of social organizations.


Rawls is a moral and political philosopher from the United States who wrote A Theory of Justice in 1971, "Political Liberalism" in 1993, and Justice as Fairness: A Restatement in 2002, among other works. He's been dubbed the twentieth century's most influential ethical and political philosopher. For his academic and political spaces contributions, then-US President Bill Clinton awarded Rawls the National Humanities Medal in 1999.


ORIGINAL POSITION :

When he established the Principles of Justice theory, Rawls introduced the Original Position as an artificial artifice. The invention established a hypothetical circumstance in which population members can reach a contractual agreement on resource distribution without one side seeming to be better off than the other.


Behind a veil of ignorance, the thought experiment would establish the desired condition of affairs among members of the population. The veil was a situation where people were blinded to their traits, such as age, race, sex, and economic level, typically leading to bias. Individuals might align the principle of advantage.


The Two Justice Principles:

When divided by the veil of ignorance, John Rawls proposed two principles of justice that self-interested and rational persons might pick. The following are the guiding principles:


Equal Liberty Principle

The first concept of justice to emerge from the initial stance is the principle of equal liberty. According to Rawls, it asserts that all citizens have an equal right to essential freedoms, which include freedom of conscience, speech, association, and democratic rights. According to Rawls, personal property is one of the fundamental rights that individuals should enjoy and that the government cannot violate or modify. However, he did not include an absolute right to limitless personal property as part of the fundamental rights that individuals should enjoy.


Principle of Equality:

According to the equality principle, economic concepts should be organized so that they satisfy two conditions. The poorest members of society should be given more advantages. Second, economic disparities should be structured such that no person, regardless of race, gender, or socioeconomic background, is barred from holding any job or office. Rawls stated that everyone in society should be afforded the same opportunities and chances as everyone else of equivalent natural aptitude.


Types of Justice:

Social Justice:

The state is restricted from discriminating against citizens based on their birth, caste, race, creed, sex, faith, title or position, or any combination of these factors. Apartheid and untouchability are antithetical to the spirit of social justice. The lack of favored social classes is a crucial feature of social justice.


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