Theory of Justice - Essay Example

Theory of Justice of Justice Justice may refer to the equitable, fair and appropriate treatment of people under different circumstances. It is a necessary component in the fair determination of conflicts between persons in the society. In the determination of how one is to treat others, be it rewarding or punishing, there is need for standards of justice. Such standard govern how, when and what is owed to one. Justice is a requirement when deciding the rewards due to someone as a result of their productivity or compensation owed to them for some harm suffered. There are several branches of justice such as distributive justice, criminal justice and rectificatory justice. To explain justice, several philosophers have come up with different theories of justice. The justice theories have different principles that help define justice. The theories of justice include utilitarian theories, libertarian theories, egalitarian theories as well as communitarian theories. Utilitarian theories lay emphasis on distributive justice. To utilitarians, justice is dependent on the maximization of utility (Rawls, 2005). Under libertarian theories, justice gives protection to a person’s rights to property and liberty. A person can therefore improve their position given the conditions prevailing in their environment. In this regard, it is a necessity to ensure individual rights rather than trying to redistribute wealth through some economic patterns. The emphasis of communitarian theories is on the relationship of an individual and the community. To communitarians, justice is exemplified by solidarity or social morality driven by the shared values of a given group (Beauchamp and Childress, 2001). The egalitarian theories advocate for the equal distribution of goods of certain types. The theories create more inequalities than equalities. Each of these theories has a set of principles. Principles of Justice Theories The principles associated with the theories of justice play an important role in society. They help in the definition of justice. They therefore aid in the determination of what is just in any given situation. There are several principles that the theories of justice rely on to deliver justice. They include the principles of equity, desert, equality, need, impartiality, trust and consistency. According to the principle of desert, justice consists of letting people have what they deserve (Lamont and Favor, 2013). In this regard, one would receive a reward for their efforts. A person also receives punishment for their wrongdoing. The principle seeks to treat people as equals. On the other hand, the principle of equity advocates for the fair distribution of goods. Individuals get rewards that are proportionate to their input. Here, a more productive person would receive a bigger reward for their effort in comparison to a less productive person. In contrast, the principle of equality, which is egalitarian in nature, suggests the equal distribution of benefits and burdens among all persons. The principle does not take into consideration the effort or productivity of each individual. The principle of need proposes that everyone strives to achieve an equal income. It would therefore follow that the poor should get more money while the rich get less. However, the principle fails to recognize productivity. It also fails to create a distinction between real and purported needs. The principle of impartiality is most important in negotiation and mediation as well as legal proceedings. It requires parties to be honest and deal with the information they have without prejudice in their dealings. That would ensure no party gets an unfair advantage over the other. The principle of consistency provides that, apart from being impartial, the treatment of similar cases should be similar. That provides a level playing field for everyone. A decision on a situation today should be consistent even in the future if similar conditions prevail. The standing principle is about membership to groups in society. When decisions about a group in society are to be mad, the principle suggests that members of that group should be involved in the process. That way, the decisions would be fair and just to the group in question. The principle of trust takes into account the perceptions of members of the society towards systems. Where people view the systems to be procedural and fair, they are likely to support them as they represent just systems. Traditional Utilitarianism Against Other Principles of Justice Theories Traditional utilitarianism advocates for the achievement of utmost satisfaction or happiness in any situation. To traditional utilitarians like Jermy Bentham and John Stuart Mill, utility is of utmost importance (Chappell, 2005). Utilitarianisms seems to suggest that justice involves institutions in a system are organized in a way that produces the greatest net satisfaction for all individuals. However, it fails to acknowledge that persons are separate and distinct within any system. While other principles of justice theory suggest that justice constitutes the choices free persons would make with regard to principles that govern interactions in society, utilitarianism insists on principles that maximize utility. Under utilitarianism, justice would ensure the achievement of the best outcomes for people in general. However, it lacks on the individual aspect, where other principles thrive. For utilitarians, it is acceptable to have some people benefiting more than others do as long as benefits outweigh costs in the system. To them, the concern is the well-being of the majority of the population, not individual welfare. In contrast, libertarians discourage such centralization of social units. Justice as per Modern Criminal Justice Agencies and the Criminal Justice System For the criminal justice system and the agencies and institutions involved, justice is a process whereby the system awards penalties for the violation of set laws. Justice is more of law enforcement to ensure peaceful coexistence in the society (Peak, 2010 p.5). It seeks to protect the rights of law-abiding citizens and deter malicious harmful intents by others. It is a means of controlling crime and protecting the interests of the state. The police, courts and corrections all work towards ensuring justice prevails in society. It starts with the law enforcement officers apprehending a suspect for violations of the law. The suspect goes through a process that finally determines whether they are guilty or innocent for the offence. The process follows through prosecution to adjudication. The sentencing comes with the penalty. The flow of the whole process ensures that justice prevails and that everyone gets a reward commensurate to their actions. Where justice involves the awarding of penalties for violations of law, security involves protection of the people and property against violations. Security is concerned with the prevention of violence or crime against a person or property. However, the two are not entirely separate of each other as security measures may lead to justice. Whereas justice is reactive to an event, security is proactive. Security tries to prevent a crime while justice punishes a crime. Security prevents or minimizes harm while justice tries to compensate for the harm caused by violations of laws. Whereas the government through its different agencies is the main provider of justice, private institutions as well as public entities may provide security. Regardless of the different justice theories that one may apply, justice proves to be an important component of society. Different theories define it differently and give different accounts as to what constitutes justice. However, the underlying goal is the betterment of society. Different philosophers have come up with different theories that use different principles to define justices. However, they all agree on one thing: the necessity to have justice in the society. With justice, there would be cohesion in society. Society would thrive under just systems and individuals would achieve their well-being. References Beauchamp, T.L. and Childress, J.F. (2001). Principles of Biomedical Ethics 5th ed. Oxford: Oxford University Press. Chappell, R.Y. (2005). Libertarian vs. Utilitarian Justice. Philosophy, et cetera. Retrieved on July 1, 2015 from http://www.philosophyetc.net/2005/06/libertarian-vs-utilitarian- justice.html Lamont, J. and Favor, C., (2013). Distributive Justice. Stanford Encyclopedia of Philosophy. Retrieved on July 2, 2015 from http://plato.stanford.edu/entries/justice-distributive/ Peak. K.J. (2010). Justice Administration: Police, Courts, and Corrections Management, 6th Ed. New Jersey: Prentice Hall. Rawls, J. (2005). A Theory of Justice: Original Edition. Harvard: Belknap Press Read More