This report is an analysis of the concern for equality. All human are the creation of one Creator, thus they must possess equal rights. Equality is a concept that explains the freedom to rights and an anti-discriminatory social system where all are treated fairly having an equal opportunity to enjoy equal rights regardless of the difference of gender, color, language or social status. Law of equality is a non-discriminatory practice where rights of human beings are protected and in case of violation, one must be provided with the fair and equal justice. This non-discriminatory practice then leads to conclude that all are equal before law.
What kind of Justice is Superior? Justice is the most important political value and applies to the institution of society. Institutions regulate the market, property, family, freedom etc. It defines the just behavior or treatment of the people. There are multiple opinions of what justice concludes of, but for now I will only focus on the two.
I will focus my analysis on how the social contract states that we must give up our individual rights in order to obtain equality and security. However, by doing so, we retain our individuality and freedom. In chapter 6, of the social contract Rousseau argues that people need to give up their individual freedom and unite for the common good of all in order to overcome the natural threats to their own existence. It is their own existence that motivates them to give up their individual freedom and unite. The problem with the social contract lies in the opposing forces of individual freedom versus the sovereign that was formed when they united.
Ethics is applied in decision making in criminal justice for effective and just decisions. Normative ethics is crucial in decision-making in the criminal justice system and it is based on the notion that one should act morally using reason to determine the suitable way of conduct of self. Ethical relativism is part of normative ethics and it argues that what is morally right or wrong varies in a great deal from one person to another. The standards of conduct and methods of doing things differ from one society to another and there can never be a single standard of conduct for all societies; we must make ethical decisions therefore based on each situation. Relativism requires that we judge an individual who acted immorally by the standards of his culture and not our own (Cook, 1999).
The general concept of this theory is that, all social primary goods, liberty and opportunity, income and wealth, and the bases of selfrespect are to be distributed equally unless an unequal distribution of any or all of these goods is to the advantage of the least favored (Piccard, 1971). John Rawls proposes the following two principles of justice: » Each person has an equal claim to a fully adequate scheme of equal basic rights and liberties, which scheme is compatible with the same scheme for all. And in this scheme the equal political liberties, and only those liberties, are to be guaranteed their fair value. » Social and economic inequalities are to satisfy two conditions: o They are to be attached to positions and offices open to all
Thus, if individuals were to be violent in order, to express and get their opinions to be heard then society itself will become destructive and chaos. Instead, a responsible individual would realize the importance of the laws that our government creates and puts in place in order, to protect the well-being of the citizens. As a result, one should be able to trust the laws in a society and understand that they are created in order, to protect the common good and the collective interest of the individuals in
One can argue that it is a rather abstract principle of equality, but then it leads to a more concrete feature that can explain the process of democratic governance. The concrete feature of political equality is the full inclusion of all persons subject to the legislation of a democratic state. Hence, political equality aims at the equal formulation and equal consideration for all citizens’ interests and requires the capability of every government to accommodate it regardless of the subject of majority or minority. The equal formulation that every government can provide in order to develop a good democratic regime is by giving an equal chance on participation to all citizens. The failure to do so will harm the country’s democracy.
It is essential for us to remember that the well-being of the state is more important than the well-being of citizen – so-called "commonweal". To achieve this justice in the state he suggests a strict division by social classes, where each of them is performing his own function. He distinguishes three classes: the guardians, the soldiers, and the common people. According to Plato, only guardians have the political power, because they possess the necessary wisdom to rule the state. As for soldiers, their aim is to protect the state
Martin Luther King Jr himself believed "Justice denied anywhere diminishes justice everywhere," backing the notion of importance of a fair trial and a just outcome. The Rule of law is another relevant notion that each individual is bound by the law and its institutions. Whilst there may be times that some individuals are tempted to step outside of the law this can have great implications on society and the
Pound says that for social control, interest is the only thing which should be taken into account and Law is a means of social control. Thus law should work for balancing of interest within the society i.e. satisfying maximum interest with least waste. Somehow this theory gives prime importance to interest of public at large over individual interest and not if interpreted strictly then they may result in eliminating individual interest. Here law is not supposed to deal with individual interest but a bunch of interest.