He has divided justice into two parts, particular justice and general justice. The former states that a just society helps a human to perform righteously and live the good life, whereas, the latter states justice is nothing but giving people according to what they actually
Rawls affirms that “there are two basic principles that define a “just” society” (p. 117). These two concepts are the liberty principle and the difference principle. The liberty principle states that “we should all be willing to agree to a system of rules which guarantees each person the free exercise of basic liberties” (p. 117). On the other hand, the difference principle states that there should be a “fair equality of opportunity” (p. 117). Nonetheless, our criminal justice system should have both of these principles, instead it is inequitable.
Even though Ross applauds the idea of benevolence in utilitarianism and the importance of justice, he disapproved of maximizing happiness as the main duty and stating that the moral rules were absolute. The basis of Ross’s moral theory lies in the concept of prima facie; the “duty” performed based on the relationship between certain individuals. Ross means that in any situation the individual needs to decide which relationship is most important to them at that time when making decisions. His main argument consists of: 1. If humans have common sense morality, then they follow prima
Justice is the legal or philosophical theory by which fairness is administered. Concepts of justice may differ based on your society 's practices, beliefs, and feelings. According to Michael Sandel, in his book, Justice: What 's the Right Thing to Do, an important concept of implementing justice is giving all individuals what they deserve. The difficulty of this concept is settling who deserves what and why. Kreon left Polyneices unburied and sent Antigone away to die alone, merely because it is what the two deserved.
He was trying to show that Antigone’s (thesis) and Creon’s (antithesis) principles were partially true, so that he could prove that their sufferings were necessary in order to establish harmony (synthesis), and for his dialectical thinking to triumph. Every period and culture gives the individual the right to act morally. Antigone, as self-consciousness, was formed within the Hellenistic culture, and expressed the Absolute Spirit, i.e. true freedom and universal humanity. According to Hegel, an individual can be free/self-conscious only in a community that is free/self-conscious because the "Spirit occurs as the result of the mediated experience of the community" (Fiala, 2002: 156).
By using words and reason we treat them as another human being and with the respect humans deserve. Reason is exclusively human activity and that is why it shows respect. The next reason that Socrates uses to back up persuasion is that persuasion is holding to your promise (contract with country) and sticking to your word through persuading but still following the law. Why is it just to obey the law even if unjust? Obeying the law preserves the possibility or hope for justice.
Within both Plato’s The Republic and Sophocles’ Antigone, the concept of justice is heavily focused on mostly in order to figure out what is considered just or not. In addition to the overall theme of justice being the main topic, the meaning of death and how it relates to the deeper economic/philosophical significance behind the texts is discussed. However, these texts differ in the way that justice is perceived. In The Republic, justice is defined in such a way that will benefit everyone in a society, whereas in Antigone, many of the examples of justice are defined for personal reasons. Beginning with the concept of death in Antigone, for most of the characters death comes as something extremely unfortunate, as it is used as way the government
They both advocate that humans should live according to what they believe is natural. Locke once again advocates for organized government and goes on to develop this in saying, “The first and fundamental natural law is to govern even the legislative itself, is the preservation of the society and, as far as will agree with the public good of every person in it.” (Locke, Of Civil Government, in CWT, 77). The content provided here from Locke’s Of Civil Government serves to prioritize the good of the people, and support a legislative system that represents his beliefs in what is natural. This system is created for the people and it supports independence, private property, and other key tenants of his philosophy. Rousseau advocates for a much simpler system of living reliant only upon land and the resources nature provides: “As long as men were content with their rustic huts, as long as they confined themselves to sewing their garments of skin with thorns or fish bones…so long as they applied themselves only to work that one person could accomplish alone… they lived as free, healthy, good and happy men…”(Rousseau, On the Origin of Inequality among Men, in CWT, 139).
Rawls attempts to provide a good account of social justice through the social contract approach. This approach says that a society is in some sense is an agreement amount all those who make up the society. In the analogy Rawls shows his disagrements and gives solutions or what he things is a more just way of doing such things. Rawls starts off by saying “I believe that the contrast between the contract view and utilitarianism remains essentially the same in all these cases. There fore I shall compare justice as fairness with familiar variants of intuitionism, perfectionism, and utilitarianism in order to bring out the underlying difference in the simplest way.” Rawls strongly opposes utilitarianism.
He believes that law is essentially subject to a procedural morality. On Fuller 's view, human activity is driven to achieve goal or is purposive in the sense that people engage themselves in a particular activity because it helps them to achieve some desired goals. Insofar as human activity is essentially purposive, according to Fuller, particular human activities can only be understood in terms that make sense to their purposes and desired goals. Thus, since law system is essentially driven in such a way to achieve a purpose, it can be understood only in terms that explicitly acknowledge its essential values and