Law and Justice - 4680 Words

Law and Justice Abstract Justice is the quality of being fair or just. This is not an exhaustive definition of justice. Different philosophers have defined justice in different ways. Justice is a concept that provides balance between law and morality. Rawls proposition for law and justice has been accepted by world judicial fraternity as a landmark vision to understand the system. Similarly it has earned a good amount of criticism which shows the basic strength of the thought. As such: Rawls theories of Justice has to be checked and rechecked not because it is best but because it will provide us a starting point to understand this whole world of law and justice. In this paper an attempt has been made to understand and analyze Rawls†¦show more content†¦Rawls claim that the principle â€Å"greatest happiness for greatest number of people† is unjust. He comes up with the principle of fair equality and â€Å"The Difference Principle†. Secondly, utilitarian appears to compromise on the extent of liberty whereas Rawls at his â€Å"original position† theory sees complete liberty. Thirdly, Rawls concept of benefit is different and is wide from Utilitarian’s proposition. Within the concept of Rawls is liberty, opportunity, income, wealth and the foremost is the base of self respect. Theses provide more avenues to exercise autonomy and choice where as utilitarian’s are concerned with welfare, and have lesser choice with individuals. Rawls conducts thought experiment to find out a mutually acceptable principle of justice. He creates a hypothetical concept of â€Å"veil of ignorance† wherein individuals are supposed to be incapable of deciding any special interest. They would be ignorant of their own views on the â€Å"good life†. He asserts that this principle would be chosen by persons reasoning about justice in a situation in which they lack specific knowledge about themselves and their social position. Otherwise this makes them partial to one arrangement of distribution over another. Thus constrained, the parties draw up the principles neither by using moral reasoning, nor by effecting compromises betweenShow MoreRelatedTheories Of Law And Justice761 Words   |  4 PagesEssay #1 Theories of law and justice answers the questions on how/ why in society a person behavior could be seen or handle as a criminal (Akers Sellers, 2009). Also the theory helps explain why a certain behavior is consider illegal and what punishment needs to be taken for that behavior/conduct. To answer these questions, the theory looks at the variables which are social, economic, and economic which has it affects on law and justice (Akers Sellers, 2009). For theories of crime and criminalRead MoreSocial Justice Laws845 Words   |  4 PagesJustice Every action or decision we make is either justifiable or unjustifiable. Justice is usually decided by society or the norm. The norm changes from one society to another. 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