Relation between Politics and Justice

John Rawls’ A Theory of Justice holds that a rational, mutually disinterested individual in the Original Position and given the task of establishing societal rules to maximise their own happiness throughout life, is liable to choose as their principles of justice a) guaranteed fundamental liberties and b) the nullification of social and economic disparities by universal equality of opportunities, which are to be of greatest benefit to the least advantaged members of society , . Rawls’ system of societal creation has both strengths and weaknesses, but is ultimately sound.

All struggles for power is political, thus there is an ineluctable political dimension to debates over the definition of crime (Dantzker and Hunter, 2006:7). Serious social harms are ignored by the traditional definition of crime because it benefits the political and economic agenda of a certain group of people. The sociologist Edwin Sutherland argued that the justice system is systematically biased towards people of higher classes, their class power allows them to influence the implementation and administration of the law (Maguire & Radosh 1996 pg 87). For example, large cooperation’s can influence politics, through lobbying, they use their economic power to buy into the government enabling them to influence government policies. Therefore the “law cannot be fully trusted”, (Yar, 2012: 52, because it disproportionately targets blue collar crime over that of white collar. This is because people who make the law have a vested interest. So, a positive attribute of social harms is that it challenges structures of power, such as government, and works outside the framework of “law”, the study of harm, is likely to “implicate states” (Dorling

John Rawls was dissatisfied with the traditional philosophical approach to justifying social and political actions therefore he attempted to provide a reasonable theory of social justice through a contract theory approach. In his work, A Theory of Justice, Rawls bases almost the entirety of his piece on the question, what kind of organization of society would rational persons choose if they were in an initial position of independence and equality and setting up a system of cooperation (A Theory of Justice-enotes)? From this seemingly simple question, Rawls goes into further detail describing what he believes society would and should do when setting up a fair and just organizational structure. Throughout his

The preliminary point into an inquiry of distributive justice is to disconnect the conjunction of “distributive,” and “justice”. For the purpose of this essay, I will inherit and accept John Rawls explanation of justice from A Theory of Justice. “Justice,” according to Rawls, “is the first virtue of social institutions.” Therefore, from a societal perspective, justice as the first virtue negates the utilitarian maxim that a loss of freedom for one would be acceptable if there was a greater good to be shared by others. In a truly just society, all people are treated fair. The questions of individual liberties are taken as settled. In the just society, liberty, rights, and fairness are not subject to a utilitarian calculation nor are they susceptible to political bargaining.

Rawls was a political philosopher who questioned the way society was established—why did it seem so unfair? Why did individuals experiencing injustice have such a difficult time expressing that sense of injustice to more powerful

The aim of the criminal justice system is to balance the numerous rights and values of society and individuals and to ensure that the application of the law is effective and results in just outcomes. The concept of justice is difficult to define and naturally there are areas where there is conflict between rights of individuals and society. The areas of conflict include police powers and the use of tasers, bail and mandatory sentencing.

Rawls believes that in a situation where a society is established of people who are self-interested, rational, and equal, the rules of justice are established by what is mutually acceptable and agreed upon by all the people. This scenario of negotiating the laws of that society that will be commonly agreed upon and beneficial to

Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The

Rawls assumes that these hypothetical people would be conservative risk takers and in a situation of uncertainty would opt for the least disadvantageous outcome in any choice presented to them and they would choose those principles that would maximize the position of the worst off, for just in case they should be the worst off. The two principles of justice that such people choose are:- 1. Each person is to have an equal right to the most extensive liberty compatible with a similar liberty to others. 2. Social and economic inequalities are to be arranged so that they are both a) to the greatest benefit of the least advantages b) attached to offices and positions open to all under conditions of fair equality and opportunity.

John Rawls was an American political and moral philosopher. Rawls attempts to determine the principles of social justice. In this essay, I will elucidate John Rawls’ views on forming a social contract, the counter-arguments against Rawls’ theory and finally the state of debate on the counter-arguments. John Rawls set out on his discussion on justice and fairness in his book A Theory of Justice 1971. Rawls theory describes a society with free citizens holding equal basic rights regardless of the social status (poor or rich). Each society has its way of attempting to bring about equality in its political and economic systems. The tenets of distributive justice, therefore, act as an ethical guide to the

The distributive justice theory of John Rawls concerns justice as fairness. In his theory, Rawls defines justice as demanding equality, unless inequality makes the least advantaged person better off. Rawls proposes two major principles of justice: (1) that each person should have the same equal right to basic liberties and (2) that social and economic inequalities are attached to positions and offices open to all under equality of opportunity and are to the benefit of the least advantaged group of society. This theory is determined by a social contract that assumes there is a natural state on which people will agree based on moral equality. In this social contract, all members wear a veil of ignorance through which they do not know anything about their own

The Criminal Justice System goes as far back as the days of Jesus. There were Soldiers who acted like policeman, the tribune which was the court system, and Caesar, Herod and even Pontius Pilate stood as judge. The prison system was that of dark caves and dungeons. As we journey to the twenty-first century, nothing has genuinely changed. In my essay I will explicate how the various aspect of criminal justice relate to one another as well as why it so important in society. Criminal Justice refers to the facet of social justice that concern violators of criminal law. The

Over the decades, the concept of justice has been continually evolving. This is occurring based upon different moral or legal interpretations. Evidence of this can be seen with observations from Burke (2011) who said, "Few things are of more importance to a society than its concept of justice. This is because it is justice that provides criterion for the legitimate use of force. In the name of justice people are detained, arrested, handcuffed, put on trial and punished. This concept is used to provide every society with some kind of social order. Over the last 200 years, a revolution has taken place with these principles. Our idea of it is what we employ, when dealing with ordinary individuals in daily life including: making agreements, paying bills, resolving disputes and putting criminals in jail. This is a concept that is as old as recorded history and it is familiar to people everywhere. What makes it so unique is that these ideas are constantly changing which focuses on society as a whole and how people are interacting with each other. " (Burke)

Communitarian critics of Rawls have argued that his A Theory of Justice provides an inadequate account of individuals in the original position. Michael Sandel, in Liberalism and the Limits of Justice argues that Rawls' conception of the person divorces any constitutive attachments that persons might have to their ends. Hence, Sandel asserts that Rawls privileges the standpoint of self-interested individuals at the expense of communal interests. I do not find Sandel's specific criticisms to be an accurate critique of what Rawls is doing in A Theory of Justice. However, this does not mean the more general thrust of the communitarian analysis of Rawls' conception of the person must be abandoned. By picking up the pieces

The original position is a device of representation, and the principles of justice which “survive” this “filter” are deemed a suitable for the real world. Moreover, it is important to clearly understand that Rawls uses these theoretical intellectual tools to help achieve reform in the actual and concrete real world rather (opposed to truths based in metaphysics).