Lesson 10: Justice And Fairness Flashcards
- An American moral and political philosopher in the liberal tradition.
- Proponent of Social Justice theory
John Bordley Rawls
Begins with a rational estimate of what everyone would think, believing that what everyone would think behind the veil of ignorance is the fair and just thing to do
Neo-Kantian
- In its broadest sense, is the principle that people receive that which they deserve
- It is an expression of our mutual recognition of each other’s basic unity
- If we are to love together in an interdependent community, we must treat each other as equals
Justice
- The quality of making judgments that are free from discrimination
- Concerned with actions, processes, and consequences, that are morally right, honorable, and equitable
Fairness
- A moral reasoning device designed to promote impartial decision making by denying decision makers access to potentially biasing information about who will benefit most or least from the available options
Veil of Ignorance
The Maximin Solution is:
- Benefit the least advantage of the society
Types of Justice:
- Distributive Justice
- Procedural Justice
- Restorative Justice
- Retributive Justice
- Equality is a fundamental principle ofthis type of justice
- Refers to the idea and theory of giving each and everyone their own “fair share” of benefits and resources
Distributive Justice
Four Classic Theories of Distributive Justice:
-
Egalitarian
“To all the same.” -
Meritocratic
“To each according to their merit.” -
Socialist
“From each according to their ability, to each according to their need.” - Libertarian
“From each what they freely choose to contribute, to each what they have made or others have freely chosen to contribute.”
- The principle says that every person should have the same level of material goods, burdens, and services
- Most commonly justified on the grounds that people are morally equal and that equality in material goods and services is the best way to give effect to this moral ideal
Strict Egalitarianism
- The idea of fairness in the processes that resolve disputes and allocate resources
- Implementing fair procedures is also imperative to many dispute resolution procedures
- Following fair procedures are more likely to result to fair and unbiased outcomes
Procedural Justice
Pillar of Procedural Justice wherein this calls for unbiased decisions, and being fair in processes
Neutrality/Impartiality
Pillar of Procedural Justice wherein this pertains to the dignity possessed by all human beings that must be respected and upheld
Respect / Fairness
Pillar of Procedural Justice wherein everyone must be given an opportunity to speak, or be provided with resources to represent themself
Voice
Pillar of Procedural Justice wherein this calls for those involved in decision-making to be transparent with agenda and motive
Trustworthiness / Transparency
- Focuses more on mediating parties while still addressing the problem or crime committed
- Concerned with being forward-looking, solving problems, and restoring a sense of trust
Restorative Justice
- A theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offense
- Focuses on the punishment itself
Retributive Justice
- Rooted in the rehabilitation of the offender
- Uses therapeutic measures
Rehabilitative Justice
Principles of Distributive Justice:
- Strict Egalitarianism
- The Difference Principle
- Governs the distribution of income and wealth, positions of responsibility and power, and the social bases of self-respect.
- It holds that inequalities in the distribution of these goods are permissible only if they benefit the least well-off positions of society.
- Resource-Based Principle
- Maintains that equal initial access to resources is the most just distribution
- Principle of distribution that is utilitarian in form
- They are focused on maximizing the overall amount of some agreed-upon unit (or units) of welfare.
- These could range from the subjective preferences of individual actors, to objective measures of welfare such as lifespan, access ot education, healthcare, income etc
Welfare-based Principles
- Principle of distribution that try to ensure that distributions are sensitive to the effort or contributions that people make to the social surplus
- Some people deserve certain shares or outcomes because of their previous actions. Distributions should be proportionate to contributions.
Desert-Based Principle
Categories of Desert-Based Principle:
- Contribution
- Effort
- Compensation
- Principle of Distribution wherein distribution of resources is acceptable provided it conforms with three principles of liberty: legitimate acquisition, legitimate transfer and rectification.
Libertarian Principles
Criticisms on John Rawls’ Theory of Justice:
- The theory was developed more to handle problems within society and there are difficulties in applying the principles to individual decision-making involving specific others
- Rejects the conception of the individual’s underlying beliefs and practices
- There is a whole suite of theories - feminist, postmodern, Marxist, race-based – that criticise traditional theories of justice for their tendency to ignore, silence or suppress certain groups.