In A Theory of Justice, Rawls aim to justify the principles of justice as fairness by reference to individual rational choice. He grounds his view on the ideas on “society as a fair system of cooperation” and of “citizens as free and equal persons” (Rawls 1995:11). Acknowledging that people have diverse interests, the tries to answer to how they can reach an agreement in matters of justice. The conception of justice as fairness is important in order to understand the logic of principle of justice. In this hypothetical situation of equal liberty, Raws states that free and equal persons concerned to further their own interests define the fundamental terms of their association.
This notion of language is further articulated as Epprecht analyses the history of faith, colonial rule and governmental legislation in African society. Later on, he positions that the use of euphemistic-like terms such as, MARP (Most At Risk Population) and "people-centered" have convinced or gained the interest of potential allies that otherwise may be turned away (172). This argument is valid not even in African culture but all societies, to
It is a requirement that we ought to act only according to principles that could be universal laws in a “realm of ends.” The third formulation also establishes why we ought to be moral. The basis for this is the concept of freedom. According to Kant, freedom is the ability to give your own law to your will. If we follow the demands of our desires which are contingent, we are in a state of “heteronomy.” However, if we adopt categorical imperative thus choosing maxim which can be universal laws, we are in a state of “autonomy.” By using reason to determine our universal laws, we can be
The natural law has been understood to mean variety of things to different jurists/ philosophers viz., ideals, which guide the legal development and administration , basic moral quality in law which prevents a total separation of “is “ from “ought”, or the method of discovering perfect law by reason. By summarizing the views of different jurists and philosophers, the term Natural law can be summarized as summation of those rule and principles, which derive their existence from a supreme (Eternal) source, rather than a political / worldly authority. • Theory of Natural rights: According to John Locke the human beings are entitled with certain basic rights( of life liberty and property) which are conferred upon them by God and nature. These
Rule utilitarianism is more concerned with fairness and the law. The ultimate goal is to still satisfy and benefit the most people, but only through the most just and fairest means possible. A rule utilitarian seeks to benefit the most people but through the fairest and most just means available. The Deontiological ethical theory is that of duty, coming from the Greek word 'deon '. Duty as in that we are morally obligated to act in accordance with a certain set of principles and rules regardless of outcome.
Plato’s republic aims to describe a just state, and in turn a just individual consistently throughout the text. By analogising the justice of the state and the justice of the individual, Plato attempts to demonstrate that a just society will breed just individuals. However, there are certain loop holes within his thought process that can lead one to wonder whether or not his ideas are pragmatic, and could function within a real societal structure- and if human beings given their inherently selfish nature, can adopt the traits necessary in order to achieve justice and the ideal state described in the Republic. Plato described the human soul as a “tripartite soul” where three main qualities seen in the human being, will also be reflected in the three classes of the ideal state. Reason is the highest of the three main qualities, and it forms the class of rulers and guardians.
(Scruton, 2001, p.80) People have free will to subject themselves to objective, ethical, moral law. Kant developed his concept of autonomy in which rational individuals able to overcome heteronomous factors, especially include one’s own desire and interest. These elements may trigger conflict with reason and rationality of oneself. (Scruton, 2001, p.80) In this case, reason become a essential factor to how people act morally. Reason has the ability to govern freedom, and therefore it also determines behaviors.
been those belonging to the tradition of the Law of Nature. These show human rights depend directly on the natural order and are subject to a universal moral low, superior to positive law Present day human rights notions show human rights do not rest on nature but represent human requests historically defined and morally and politically justifiable by means of a non-naturalistic theory. History shows human rights were a vindication of freedom against the established power and as social economical demands. A clear understanding of the relationship between human rights and morality is best uncovered through the two main types of human rights moral theories the naturalistic and non-naturalistic one. 1.1.2.
Different from consequentialism, people who tend to have the mind set of a deontologist believe that you should do your ethical duty, regardless of the outcome. Immanuel Kant designed ‘The Categorical Imperative’ theory which was associated with the fact that it was commanding us to practice our morals and desires in a specific way which was exercised through two rules. Kamm (2000) claims that these components were to ‘(1) treat persons as ends in themselves and (2) do not treat them as mere means’. Kamm is basically suggesting that we seek happiness of others, as that is morally right, however fulfill capacities of one’s own intellect. From following both of these we arrive at an imperative and it is categorical.
The general explanation for Consequentialism is “the view that morality is all about producing the right kinds of overall consequences” (Chase, 2016). Mozi’s social ethics is consequentialist as he suggested the basic standard to judge whether a superior fulfill righteousness is whether he can bring benefits to people (Zhang, 2016) and he suggested people should practice all-embracing love so as to reach harmonious social performance. Likewise, Confucius’s social ethics is as consequentialist as is Mozi’s as he pursued the best consequences to the society. For instance, Confucius mentioned if people was led by laws and bound by punishments, although they would not commit crime, they would not shame; when people was led by morality and bound