StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Theory of Justice Analysis - Research Paper Example

Comments (0) Cite this document
Summary
Theory of Justice Analysis There are several principles of justice theories and some of them shall be discussed in this section. However, these principles of justice theories differ from traditional utilitarianism in some ways and the contrast between them shall also be highlighted and explained…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.4% of users find it useful
Theory of Justice Analysis
Read Text Preview

Extract of sample "Theory of Justice Analysis"

Theory of Justice Analysis There are several principles of justice theories and some of them shall be discussed in this section. However, these principles of justice theories differ from traditional utilitarianism in some ways and the contrast between them shall also be highlighted and explained. It is also pertinent to note that, justice can be explained by the modern Criminal Justice System (CJS) and other entities involved in the criminal justice system and these salient facts shall also be explained in this paper. Justice as defined by the modern CJS also differs from security in some ways. One of the fundamental principles of justice theories is the one propounded by John Rawls. Rawls’ principle of justice theory is meant to embody the ethical foundation of political government (Rawls, 1971). In what he called, A Theory of Justice, Rawls was of the opinion that humans are in dire need of freedom and liberty in order to fulfill their heart desires and pursue their interests as long as it is not done in any way to harm other people (Rawls, 1971). Thus, Rawls’ principle of justice theory is based on the premise that every citizen should be given the opportunity to succeed like every other citizen. This principle of justice as propounded by John Rawls could be likened to the principle of equality as every individual must be given equal opportunity to succeed like other citizens of the society. Another principle of justice theory also laid emphasis on the fact that every individual in the society have the right to vote and be voted for into any political office. Any economic and social inequalities should be equally accessible to any position and ought to offer the maximum advantage to people that have the smallest amount of advantages in the society. This principle was actually propounded by Rawls and could also be referred to as the difference principle. This principle of justice theory clearly stipulates that, no advantage can exist morally, if it is not beneficial to the people that are highly advantageous in the society (Rawls, 1971). These principles of justice theory are different from traditional utilitarianism due to the fact that they only talked about the concept of justice and fairness and nothing else. Unlike the traditional utilitarianism that discusses other issues like property rights and other issues that are not really related to justice, these principles were only concerned with the issue of justice and this is what separates them from traditional utilitarianism. These principles of justice also differs from traditional utilitarianism due to the fact that it is against the individualistic nature of utilitarianism as it can be seen that traditional utilitarianism was a threat to the right of individuals in the society (Barry, 1989). It was on the basis of this, that these principles of justice theory can be used as a tool to see the society as a social contract that every individual must be committed to (Barry, 1989). Though the purposes of the modern criminal justice system are in line with the purposes of security, which are to control the rate of crime in the society, avert crime and to give and maintain justice in the society, the fact remains that the modern CJS differs from security in some ways. When it comes to the issue of providing and maintaining justice, it is a very complicated one and this is due to the fact that justice is a very difficult concept to define. This is due to the fact that, it is not easy to arrive at a universal definition of justice as justice must be fair to all. But, justice can actually be defined by the modern criminal justice agencies and other entities involved as a system that treats all citizens as equals before the law and these individuals are free from any subjective arrest as described by the law. The onus now lies on the shoulders of the courts, corrections and the law enforcement to determine what is really fair. Justice as defined by the modern criminal justice system differs from security in the sense that, while justice gives individual the liberty that is due to them by law, security could take these liberty from the individual all in the name of protecting certain individuals or safeguarding the walls of the country. Thus, it could then be argued that while justice must be fair to all, security can never be really fair to all individuals. This can be seen in the fight against terrorism, some rights of some individuals have been taken away from them all in the name of security and fighting against terrorism. The problem with security is its inability to really balance between national security and individual liberties and this is where justice differs from it (Roemer, 1996). Thus, the analysis of some basic principles of justice theories shows that justice must be fair to all. Justice is also closely associated with equality. Through the analyzed principle of justice theories, it was seen that these principles differ from traditional utilitarianism in some ways. The definition of justice as given by the agencies of the modern criminal justice system was also broadly given and the difference between justice and security was also properly elaborated. References Barry, B. (1989) Theories of Justice, Vol. 1. Berkeley: University of California Press Rawls, J. (1971). A Theory of Justice. Cambridge, MA: Harvard University Press Roemer, J.E., (1996). Theories of Distributive Justice. Cambridge, MA: Harvard University Press Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Theory of Justice Analysis Research Paper Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/law/1430470-theory-of-justice-analysis
(Theory of Justice Analysis Research Paper Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1430470-theory-of-justice-analysis.
“Theory of Justice Analysis Research Paper Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1430470-theory-of-justice-analysis.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Theory of Justice Analysis

Internal and External Environmental Analysis for the Bakery Business

Liberalization of foreign investment and technology policy of the government is supportive of establishing industrial units in the country.

Threat: The UK food regulatory authority is planning to enforce the EC Regulations relating to food labeling. The labeling requirements under the new regulations will affect the food industry as the suppliers will be legally obliged to disclose the GM content of foods to the caterers. Thus business firms in the bakery industry also will be effected through the exclusion of flexible manner of labeling arrangements in the case of flour confectionery involving GM Soya or maize. (Genetically modified and novel foods (labeling) (England) regulations, 2000).

Trend: The new subs...
6 Pages (1500 words) Case Study

The Necessity of Job Analysis

... Lecturer: presented: Job Design Job design is an arrangement of procedures and organization of work which indicates the techniques and the interactions which are put in place in order to suit the technical and managerial requirements while on the other hand to satisfy the individual needs of the employees. It highlights the occupation structure, the duties of the workers as well as guidelines regarding the information which the worker is supposed to access. The importance of job analysis in human resources is to help the management to ascertain and endorse the usefulness of certain activities which take place in employment such as employment procedures such as training, choice of the appropriate employees, reparation as well...
7 Pages (1750 words) Coursework

John Rawls vs Robert Nozick: Social Justice

It is logical to look at political philosophy within the framework of history and ethics emerging from it. As could be observed, the question of justice, and how we perceive its nature has remained the prime concern throughout history. This will include, among other things, the existence of specific obligations towards each other and towards the state, the existence of natural rights, claims of property/liberty and equality.

In face of this, the Anglo-American political philosophy has seen famous philosophers like John Rowels, Robert Nozick and recently Amritya Sen to focus on issues and arguments concerning the above...(political Philosophy, 2005 pp1)

As political philosophy is about politics mainly, it s...

6 Pages (1500 words) Coursework

Comparative Family Analysis

The second component of this essay will be a comparative analysis with the American family to the Arab family, generally speaking, but also clearly described by Homa Hoodfar, in her book Between Marriage and the Market. This essay will discuss the impact of globalization on different types of families in different societies and cultures. The terms ‘traditional’, ‘modern’ and ‘postmodern’ will be defined, elaborated upon and discussed on a continuum of change. Social change, in the face of globalization, will be discussed in relation to how cultures and families have grown or resisted the forces of globalization. We now turn to an exploration of the types of families in the world and follow...
6 Pages (1500 words) Coursework

Economic Analysis of India

The country’s economy is fast growing with a stable political system that encourages foreign investment although with certain restrictions. The country generally has good energy, transport and communication systems which make the cost of doing business affordably.

The Republic of India found South of Asia is by far the world’s most populous democracy and ranks seventh largest in terms of geographical area (Brown, 1994). India is also the second most highly populated country in the world. The country has a rich culture with four major religions having originally emerged from it; Sikhism, Buddhism, Hinduism, and Jainism. The Indian Republic consists of seven union territories and 28 states and ranks twelfth la...
8 Pages (2000 words) Case Study

Free Cash Flows Theory

These are not hard and fast rules in determining the capital structure which should best affect a firms value. These theories lay down the benefits and the costs when a firm chooses what it sees as an adequate mix to maximise the shareholders value.

One of the implications where this research can lead include the possibility of the effectiveness in maximising shareholder value by employing two or more theories in capital structure decisions. Because these theories are more conditional by nature, probing which combinations when used for capital structure decisions are more effective in arriving at the goal of maximising firm value can be another subject for further research.
The role of capital structure in increasi...
11 Pages (2750 words) Case Study

Identification of problems in the Criminal Justice System of the US

They are on trial and will be dealt with fairly. These laws ensure that no one, even if he or she has committed a crime is abused or punished cruelly.
Following the history of civilization like in china, we see the traces of systems for Criminal justice in order to provide safety for the citizens. Evolving through the years laws have been modified and changed to form the system that we know today.
 From its start, the “U.S. criminal justice system” has advocated the idea of “checks and balances”. To avoid dictatorial rule, the people who founded this system in such a way that one person was not given control or authority completely to punish the criminals. The idea of assigning a ‘jury...
6 Pages (1500 words) Assignment

Analysis of Educational Website

... Analysis of Educational Website Introduction Since antiquity, education remained a major component of human societies; however, until few decades ago, it existed in the society in its traditional and conventional form that involved one-to-one interaction of teachers with their students in classrooms. Since few years, educators and scholars have witnessed rapid advancements in the field of information and technology that has altered almost every sector of the society in a rapid manner, and so the education sector as well. In such advancements, internet has now become one of the most popular platforms for students, teachers, businesspersons, and individuals from every sector to acquire education and information within few clicks and minutes...
7 Pages (1750 words) Article

Analysis of Articles about Climate Change

Can we imagine an Earth where there are no green mountains, no deep blue seas, and no living creatures? No. But a disaster of such magnitude and dimension is looming over Earth. Humans have identified this threat, defined it and given it a name, global warming. 

It was in the 1990s that the world began to hear serious warnings on global warming and climate change. The summary for policymakers prepared as part of the first assessment report by the Intergovernmental Panel on Climate Change was the first-ever in-depth study on this topic (Houghton, Jenkins and Ephirams, 1990). This report explored climate change and stumbled upon revolutionary revelations. This study announced in very clear terms that there is a natur...
6 Pages (1500 words) Literature review

Management Theory and Practice in the Early Childhood Education Industry

... enough to the needs of young children. This could be the cause of plenty of frustration and also impact upon their actual work performance because those rules and regulations tend to limit them. Yet another demotivating factor is the “glass ceiling” that these individuals come up against, especially if they are women (Osgood and Halsall, 2007). Applying Henri Fayol’s classical theory of management, some of the principles which would apply in the context of motivating employees in the early childhood education field would include (a) equity (b) initiative and (c) esprit de corps (Fayol, 1949). The first means that a combination of kindliness and justice must be shown to the employees (b) they must be encouraged to demonstrate initiative...
6 Pages (1500 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Theory of Justice Analysis for FREE!

Contact Us