Proposal final
jrunner
theoryofjustice22week3completed.docxRunning head: THEORY OF JUSTICE 1
THEORY OF JUSTICE 7
Theory of Justice
Author's Name
Institution Affiliation
THEORY OF JUSTICE
Introduction
Every society has rules and regulations governing the people in their daily life. The rules should be holistic in such a way that every individual member of the society is treated in an acceptable and just way (Frost-Nielsen et al,2018). John Rawls" s theory of justice as fairness talks about a society of free members with equal basic rights and freedom and cooperating within an egalitarian economic system (Rawls,2009).
Article Title: Theory of Justice
Article Author: John Rawls
Database or Web URL: Stanford Encyclopedia of Philosophy.
Source's Publication Date: First published Tuesday, March 25, 2008
Publishing Information: Substantive revision Monday, January 9, 2017
Source Summary: The article talks about John Rawls's theory of justice. It champions fair and just treatment for all the members of the society and equal distribution of resources.
This theory gives a framework for the legitimate use of political power. We can have situations where the political order is legitimate but it is not just. This happens where some laws or rules in the society are set by authorities yet the same laws are not holistic. They make citizens suffer in their society. It is therefore prudent for the governing bodies to set justice as the maximal standard for the social institutions such as courts.
The theory explains that citizens are free and society should be fair and just. Rawls observes it as resolving the tensions between equality and the concepts of freedom which had been talked about the conservative critique of liberal democracy and the socialist critique of liberal democracy. He insists that justice as fairness is plausible, understanding of these significant ideas of liberalism. Furthermore, Rawls says that justice as fairness gives a better understanding of justice to that of the dominant tradition in the current political field of Utilitarianism.
The basic structure of society
Justice as fairness seeks to explain a just plan of the major social and political institutions of the liberal society. Some of the institutions include the legal system, family, economy, and the political constitution. John Rawls refers to the arrangement of these institutions as the basic structure of society. This basic structure is the location of justice since these institutions give out the main advantages and burdens of social life. It determines who to receive social recognition, who to have different opportunities, who to have the basic rights, and the distribution of wealth and income to different individuals.
Society's basic structure has effects on the daily lives of the citizens because it influences not only their goals but also their life prospects, relationships, characters, and attitude. Since the regulations of any basic structure will be enforced, the need to justify the application of a further set of rules intensifies. In this theory, Rawls assumes that there are enough resources to ensure that everyone's basic need is met. It is assumed that the society is closed and self-sufficient in that people only come in by birth and leave it only at death.
Ideas of Justice as fairness
Cooperation by the citizens is necessary for them to live peaceful lives. The citizens understand differently the benefits and burdens of the cooperation. John's principles of justice as fairness says that cooperation should be fair to every member of society. For further understanding, Rawls tries to explain by combining the negative and the positive thesis.
In the negative thesis, he begins with the idea that members do not deserve to be born into a poor or rich family, to be more gifted than other citizens. He is not supposed to be male or female or a member of a certain racial group. For instance, a member born rich, male or white provides no room for this member to be favored by the institutions.
In the positive thesis, he claims that all the social goods should be distributed equally. Unequal distribution should only be experienced when it is advantageous to all. The concept is that since all members are significantly equal, thinking about cooperation should start from a presumption that cooperatively-produced products should be distributed equally. Justice then directs that any inequalities should benefit all the society members especially those who will have the least. The baseline is set by equality and from that point, any form of inequalities must be beneficial to all.
Principles of Justice as fairness
The first principle of the theory of justice states that each citizen has the same claim of equal basic liberties. This principle is connected to the political institution. The second principle talks about the economic and social inequalities anchored on the conditions of fair equality of opportunities and the greatest benefit of the least-advantaged citizens of the society. The accomplishment of the first principle is prioritized over the fulfillment of the second principle. Within the second principle, just equality of opportunity is prioritized over the difference principle. The first principle suggests that all the individuals in a society should have liberties and basic rights. They should be treated following the law, have the freedom of speech, freedom of association, and the right to vote. The first principle enables citizens to be accorded rights and freedom. Justice calls for equal rights for all. Justice requires citizens to be formally and substantively equal. That is, individuals with the same qualifications should be accorded the same opportunities to hold office regardless of how poor or rich they are.
The second principle has a part which affirms members with the same talents have the same economic and educational opportunities regardless of whether they are born poor or rich.
Conception of Citizens
Rawls" s theory interprets the ideas of liberty that citizens are free and the treatment in the society should be fair. The individuals are entitled to make their suggestions on social institutions in their own right. The members are free in that they take their public identities as independent of a specific doctrine.
Understanding of the theory
My understanding of the theory is that justice should prevail in society. Regardless of social class, race, country of origin and financial status, each of the society members should be accorded equal opportunities. Goods should be distributed equally in society and the event of unequal distribution; it should be of benefit for all. The rule of law should be cut across fairly among members of the society. Social institutions should not favor any citizen in society at the expense of the other members. Equality sets the baseline with an aim of improving everyone's situation. Each individual is entitled to equal basic liberties under situations of fair equality of opportunity. It encompasses the principle of the greatest benefit of the least advantaged citizen of society. The prevalence of justice should come with rights and freedom such as freedom of association, freedom of movement, freedom of speech and liberty, right to vote and hold public office. Society is defined by justice and fairness. Social institutions such as courts should be fair to all citizens of the society regardless of gender, natural talents, and religion. Publicity is considered to be an aspect of fairness in what it is called a well-ordered society. The basic structure should be just and the principles should be understood by all citizens in the society to ensure they are treated fairly and in a holistic manner.
The theory of justice has an argument divided into two parts. The first part agrees to the principles of justice while the second part the members check that the society given by these principles could stabilize over time.
In the current world, most ladies are treated differently as compared to men. When they commit a crime, ladies get favored while men get judged harshly. This treatment is not fair and just. It is clearly gendered biased thus goes against John Rawls" s theory of justice. Such scenarios should be avoided and equality treatment enhanced.
I support the theory of justice with its principles because fair treatment and distribution of resources lead to unity in the society thus enables the community to develop.
In conclusion, it is prudent for every social institution to ensure the society members are treated fairly and in accordance with the rule of law (Tyler,2001)
References
Frost-Nielsen, P. M. (2018). Bringing Military Conduct out of the Shadow of Law: Towards a Holistic Understanding of Rules of Engagement. Journal of Military Ethics, 17(1), 21-35.
Rawls, J. (2009). A theory of justice. Harvard university press.
