3- Law & Justice Flashcards
What is the meaning of justice?
It can be described simply by a syonym such as fairness, equality
What are the 3 theories of justice?
- Distributive justice
- Utilitarianism
- Social justice
What is distributive justice? What philosophers have added to this theory?
Theory concerned with the fair allocation of the benefits (money, property…) and responsibilities (taxes…) of life.
Philosophers including these added to this view:
- Aristotle
- Thomas Aquinas
- Karl Marx
- Chaim Perelman
What did Aristotle add to the theory of distributive justice?
Ancient Greek philosopher
He argued that a just state will distribute its wealth on the basis of merit, according to the person’s contribution to society.
This is a proportionate system where the worthiest, rather than the neediest, receive the greatest share.
Following his argument, to allocate resources on the basis of people’s needs would be unjust.
What did Thomas Aquinas add to the theory of distributive justice?
13th century theologian
He based his doctrine on natural law and argued that distributive justice is governed by ‘due proportion’.
This means that people receive what they are due in accordance with their merit, rank and need.
What did Karl Marx add to the theory of distributive justice?
One of the founders of communism
He developed a model of distributive justice embodied in his slogan ‘from each according to his ability, to each according to his need’. This represents 2 principles of the ideal of communism:
- Each will contribute to the common wealth to the maximum of their ability.
- Each will receive according to their need, regardless of their personal contributions to the common wealth.
What did Chaim Perelman add to the theory of distributive justice?
He concluded that justice cannot be studied logically, as each attempt to define it is based upon a person’s subjective values.
He saw 6 possible models of distributive justice, including ‘to each according to his merits’, ‘to each according to his needs’, and ‘to each equally’.
What is utilitarianism?
Theory of justice developed in the 19th century from the writings of Jeremy Bentham and John Stuart Mill.
What did Jeremy Bentham add to the theory of utilitarianism?
He argued that the more an action increases overall happiness, the more valuable it is, and the more it decreases happiness, the more reprehensible.
Maximising happiness is the object of justice.
What did John Stuart Mill add to the theory of utilitarianism?
He argued that justice includes respect for the people, property and rights, as well as the need for good faith and impartiality.
What is the difference between act utilitarianism and rule utilitarianism?
The theory of utilitarianism has developed since Bentham and Mill:
ACT UTILITARIANISM: The rightness of an act is judged in isolation to see whether it adds or subtracts from the sum of human happiness.
Ex: Where someone drives a car at 130 m.p.h. on an empty motorway, the sum of human happiness is increased bc individual happiness increases and you hurt no one.
RULE UTILITARIANISM: The rightness of an act is judged according to whether the sum of human happiness would be increased if everyone acted in the same way.
Ex: If all car owners drove along the same stretch of motorway at the = speed at the = time, an accident would probably occur, resulting in pain and misery: the sum of human happiness would decrease.
What is social justice?
Theory of justice concerned with equal justice in all aspects of society.
Which two theorists contributed to the theory of social justice?
John Rawls
Robert Nozick
What does John Rawls argue?
SOCIAL JUSTICE THEORY
- Described justice as fairness
- He argued that 2 basic principles of justice should be evident within society:
- Each person should have an equal right to basic liberties compatible with similar liberties for others. This includes freedoms such as the freedom of speech and association.
- Socio-economic inequalities may exist, but only:
- Where they benefit the least advantaged in society
- Provided all positions are open to everyone
In his ideal society, a surgeon would be able to earn several times the average wage, live in a large house and drive a luxury car bc his work benefits the disadvantaged members of society, provided anyone with similar skills could have the opportunity to pursue that path.
In essence, he promoted a rights-based system where basic human rights such as freedom of speech could not be interfered with. This opposes utilitarians, for they might allow individual freedoms to be sacrificed for the common good.
What does Robert Nozick argue?
SOCIAL JUSTICE THEORY
- Developed an entitlement theory of justice, which consisted of 3 principles:
- Principle of justice in acquisition (how property is acquired)
- Principle of justice in transfer (how property can change hands)
- Principle of rectification of justice (dealing with injustices arising from the acquisition or transfer of property).
He places no limits upon private ownership- property justly acquired may not be appropriated just to reduce inequalities. This is a free-market, libertarian form of justice.
He argues state interference should be kept to a minimum to achieve a just society. The emphasis is on protecting individual rights, especially property.
HIs theory in practice can be seen in the privatisation of state-owned facilities and making the individual more responsible for their own welfare.
