Universalism And Relativism Essay

Restorative Justice, according to Google, is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. It does not have a place in our society for several reasons. It is ineffective because it doesn’t punish people, doesn’t change them, and makes the situation even worse in most cases.

Restorative Justice will not make the basic prejudices on our society worse than what they are, however restorative justice should restore synchronization within the community or society as a whole through based on discussion of the offender’s underlying problems and not to reoffend against the victim in particular nor any member of society, and what charges the offender may face if he re-offends “Restorative justice is deliberative justice; it is about people deliberating over the consequences of crimes, and how to deal with them and prevent their recurrence” (Braithwaite, 1998, p. 438).

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.

Restorative justice is rehabilitation of offenders through reconciliation with victims and the community. Restorative justice programs are conferences held to enable offenders, victims and community members to meet face to face to discuss the crime that was done and determine the best way to repair the harm. Usually when offenders hear their victims describe the effect the crime had on them, they often feel sympathy and express remorse. Restorative justice conferences give the victims and community member’s justice and satisfaction. I believe the system is good because it gives criminals time to try and better themselves and try to change, and also gives justice and closure to the victims.

ABSTRACT. Adapting the traditional social contract approach of earlier years to a more contemporary use, John Rawls initiated an unparaleled revitalization of social philosophy. Instead of arguing for the justification of civil authority or the form that it should take, Professor Rawls is more interested in the principles that actuate basic social institutions —he presupposes authority and instead focuses on its animation. In short, Rawls argues that “justice as fairness” should be that basic animating principle.

Its most commonly known definition was provided by Marshall in 1996, that describes restorative justice as a process where both parties; victims and offenders, work together to restore, resolve and deal with the after effects of the offence and future ramifications (as cited in Van Camp & Wemmers, 2013). The concept of restorative justice originally derived from various indigenous and pre-industrial western justice practices, however, in the 1970's it begun to appear in modern times and was then developed as a reference to describe victim-offender programs that were developed in North America (Strang, 2001). Restorative Justice approaches spread across the world in the 1990's, where many countries such as Canada, Australia and the United Kingdom, began introducing these approaches as alternatives in their criminal justice systems (Braithwaite, 1999). The concept of restorative justice usually involves victim and offender direct participation and is conducted in the form of conferences or mediation. This is where both parties; the victims and offenders, come together fact-to-face in one location, alongside a facilitator, police and support people, and work out together the consequences of the offenders actions and the

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

Restorative justice- an approach to corrective justice that focuses on meeting the need of all concerned.

Under the retributive justice system, justice is achieved by finding out which law was broken, who broke it, and punishing the offender. The offender is then sentenced to repay the state for his/her crime against it by serving a sentence of some sort, usually in the form of jail or prison time. In the restorative system, justice is achieved by figuring the harm done, the repair s needed for the harm, and who should repair it. The offender is then accountable to the victim and the community. The state then has the responsibility to ensure that the offender is held accountable to the victim.

“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).

Ethical universalism and ethical relativism are two types of meta-ethical views, meaning the two theories attempt to understand the reason behind ethical properties, attitudes, boundaries and judgements. Ethical universalism can be viewed as an ideal world, while ethical relativism explains a more realistic perspective on why different cultures can view the same actions differently. The two delve more into the essential meaning of a theory rather than just simply labeling actions as right or wrong.

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

Restorative or Community Justice is a fairly new concept. It is aimed more at repairing damages caused by the crime to the victim(s) and the community involved. In this method the victim lays out conditions for the offender and what is necessary to help repair any losses. The community provides assistance to help restore the offender to the community. Some say that this method can be dangerous and bypasses certain safeguards.

John Rawls, who is an American political philosopher, urges for a heightened idea of the social contract in his book “A Theory of Justice” when he states “the guiding idea is that the principles of justice for the basic structure of society are the object of the original agreement. They are the principles that free and rational persons concerned to further their own interest would accept in an initial position of equality as defining the fundamental terms of their association. These principles are to regulate all further agreements; they specify the kinds of

This paper will focus on retributive justice and restorative justice. Let’s begin with the definition of each. Retributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime. On the other hand, restorative justice is the opposite. It is a theory of justice that focuses on the needs of the victims and the offenders. So which of these should be morally right?