Rawls Theory Of Restorative Justice
One of the most important legal ethics principles is justice. Justice, in most societies, is accepted as the highest goal of the law. The word comes from the Latin jus, meaning right or law. The idea of justice comes from outside, as in inside law we can find legality. Justice is the concepts of good deeds that can be traced back to Christianity and to earlier philosophical questions and thinkers.
Corrective justice or restorative justice is described as how to correct and to have just, to put things back to what they used to be, if they aren’t as they should be and a betrayed person may seek restitution. Restitution means change for the situation that is upon now, therefor it usually includes some kind of contrition to demonstrate one has
…show more content…
The First Principle states that each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, which scheme is compatible with the same scheme of liberties for all. The Second Principle requires that social and economic inequalities are to satisfy two conditions; firstly that they are to be attached to offices and positions open to all under conditions of fair equality of opportunity, and secondly that they are to be the maximum benefit of the least-advantaged members of the society (the difference principle). The fulfillment of the first principle takes over the fulfillment of the second one and the first principle of equal liberties is to be used for designing the political constitution while the second one relates mainly to economic …show more content…
The constitution is considered to have supremacy over basic statutes, which shows the importance and appreciation of justice in law. Also the Universal Declaration of Human Rights indicates how justice as fairness, equality of all people and all nations, and many others, are set out as fundamental human rights to be universally protected. Considering this, it could be argued that justice is a scheme or system in law in which every person receives his or her due from the system, including all these rights, both natural and legal. Another matter though is that are these rights given and protected universally to all in practice, but that is case that has to address in another paper because of the lack of space
Theoretical Ambiguity In The Definition Of Restorative Justice
1771 Words | 8 PagesB. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.”
Restorative Justice: Theory Of The Criminal Justice System
127 Words | 1 PagesRestorative justice is a theory of the criminal justice system that focuses on the rehabilitation of the offenders, victims, and community. This fairly new theory is a new way of tackling criminal behavior, because unlike the traditional form of justice that we have become accustomed to restorative justice allows the affected persons of a given crime to be fully involved in the process of justice. Personally, I agree greatly with the concept of restorative justice, because the face to face interactions of victims and offenders can be a powerful way of addressing the material and physical injuries caused by a crime. However, with all the healing that can be achieve using the method of justice, it does have qualities that can cause it to have
Restorative Justice Case Study
895 Words | 4 PagesRestorative justice is a sentencing model that builds on restitution and community participation in an attempt to make a victim “whole again” (Schmalleger, 2010). Restorative justice can be explained as a form of punishment, which everyone involved or affected by a crime gets a feeling of peace after all if finalized. Both the victim and the offender have to agree to participate in restorative justice. There are needs that have to be met through restorative justice, which are the victim must be
Barry Levinston's Sleepers And The Restorative Justice System
849 Words | 4 PagesThis type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.
John Locke's Concept Of Justice
1751 Words | 8 PagesJustice is one of the most important moral and political concepts. The word comes from the Latin word jus, meaning right or law. According to Kelsen (2000), Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men As a result of its importance, prominent and knowledgeable people have shared their views on justice and what it means and how the state is involved in its administration. The likes of Plato, Aristotle, Socrates, Thomas Hobbes and John Locke among others have written extensively on the concept of justice.
Indeterminate Sentencing
147 Words | 1 PagesRestorative justice also known as balanced and restorative justice is “a sentencing model that builds on restitution and community participation in an attempt to make the victim whole again (Schmalleger 269).” Restorative justice focuses on “crime as harm and justice as repairing the harm”. This type of justice places crime control primarily in the hands of the community. 3. Indeterminate sentencing encourages rehabilitation using general unspecific sentences.
Restorative Justice Thesis
143 Words | 1 PagesRestorative Justice is needed for many reasons. The purpose of this paper is to tell you why it is needed. The basic goal of Restorative Justice is to hold juveniles accountable and aiding them in accepting them in responsibility for their actions by rebuilding relationships in the community. Community involvement is needed in preventing future juvenile crimes.
Comparing Justice In The Lottery And A Hanging
650 Words | 3 PagesThroughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
Restorative Justice Vs Utilitarianism
117 Words | 1 PagesRestorative Justice processes are likely to reduce criminals from repeating offenses, as numerous recidivism studies have demonstrated. Thus, it would be more than justified to employ restorative processes a response to crimes under
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesToday our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
John Bordley Rawls: A Theory Of Justice
1453 Words | 6 Pages1.1. Biographical details of Rawls Born into the known world on the 21st February 1921, John Bordley Rawls was the second of the five sons of William Lee and Anna Abel Rawls in Baltimore. Rawls paternal grandfather was a banker in North Carolina who suffered from tuberculosis. William Lee, Rawls’ father also suffered from tuberculosis and had a poor health throughout his adult life.
Pros And Cons Of Law
1364 Words | 6 PagesThe principles of natural justice are the procedures refered. Natural justice is a concept of common law. The quasi-judicial, judicial and administrative agencies must follow the principles of natural justice while taking any decisions adversely affecting the rights of a private individual. Natural justice implies equality and fairness. In a democratic country like India, the role of administrative agencies is rising and the concept of Rule of law will slowly disappear if these instruments of states does not perform in a fair and just manner.
Restorative Justice Argumentative Essay
398 Words | 2 PagesI believe that restorative justice could be a good idea for the United States if it is used correctly. I think that if restorative justice is used correctly, it could really benefit everyone involved: the victim, offender, family, and the community. Some of the restorative justice ways can also help victims move past what has happened to them and live a more normal life again. I think restorative justice would also benefit the United States because it can help the offender have a better life after. I think that restorative justice needs to be used correctly because if it is not done right it could actually cause more harm.
Justice In John Rawls's Theory Of Justice
802 Words | 4 PagesThe original position is a key point of Rawls’ theory of justice to set up the position for establish the principle of justice. This principle of justice is the fundamental principle to create well-ordered society which has equality and liberty. Rawls develop a theory of justice by revise the traditional social contract. He began with this statement to show his assumption “My aim is to present a conception of justice which generalizes and carries to a higher level of abstraction the familiar theory of the social contract as found, say, in Locke, Rousseau, and Kant” Rawls considered Kant is also contractarian because of contract tradition which is a part of moral of justice and to create political society by social contract. Rawls tried to take the social contract more higher or more abstract than tradition approach, he called “the original position” this is a condition that Rawls took it as an appropriate for the choice to choose the fundamental principle of justice for the society.
Disadvantages Of Restorative Justice
2091 Words | 9 PagesBatley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.
More about Rawls Theory Of Restorative Justice
Theoretical Ambiguity In The Definition Of Restorative Justice
1771 Words | 8 PagesRestorative Justice: Theory Of The Criminal Justice System
127 Words | 1 PagesRestorative Justice Case Study
895 Words | 4 PagesBarry Levinston's Sleepers And The Restorative Justice System
849 Words | 4 PagesJohn Locke's Concept Of Justice
1751 Words | 8 PagesIndeterminate Sentencing
147 Words | 1 PagesRestorative Justice Thesis
143 Words | 1 PagesComparing Justice In The Lottery And A Hanging
650 Words | 3 PagesRestorative Justice Vs Utilitarianism
117 Words | 1 PagesPros And Cons Of Retributive Justice
1479 Words | 6 PagesJohn Bordley Rawls: A Theory Of Justice
1453 Words | 6 PagesPros And Cons Of Law
1364 Words | 6 PagesRestorative Justice Argumentative Essay
398 Words | 2 PagesJustice In John Rawls's Theory Of Justice
802 Words | 4 PagesDisadvantages Of Restorative Justice
2091 Words | 9 Pages