...Compensatory Discrimination in Light of Theories Of Justice INTRODUCTION In a civilized social system, law plays not only the role of guarantor of justice equality and liberty, but also as a tool for attaining the ends of justice. In this respect the modern democratic state has to adopt objective standards to protect the human rights of its citizens. Equality is one among those cardinal human rights by which the State is mandated to treat the equals equally and unequal unequally when it distributes its own benefits to the people. But who are equals and who are unequal is a thorny issue, for the limited resources are much valuable and required by the various group of people and they have to be distributed justly and fairly. In the Indian constitutional scheme, it had been envisaged by the framers that there should be equality of opportunity is for all citizens in public employments and such equality of opportunity a fundamental right of the citizens’.At the same time, the need for some beneficial treatment to the weaker sections of the society was also enshrined with that right. What is the basis of distribution of societal resources to certain sections? The thrust of this Chapter goes with the following enquiry. Is there any jurisprudential foundation for protective discrimination? If so what is it? This aspect is assessed from the angle of different theories of justice viz., social justice, distributive justice, equality and equal opportunity and social engineering theory...
Words: 7969 - Pages: 32
...A lot has happened from the 1940s to present day. There has been a Second World War, countless violations of civil rights, and discrimination between the sexes and between races. There have been few events, though, that continued to show America’s core values. Events, such as the writing of the Containment Policy, the establishment of the Peace Corps, and the United States’s inclusion in the Korean War demonstrate liberty. Other events, like the Brown v. Board of Education court case, the passing of the Civil Rights Act of 1964, and the passing of the Voting Rights Act of 1965 demonstrates America’s core value of equality. And still more events, like World War II, the Miranda v. Arizona court case, and the Montgomery Bus Boycott demonstrates...
Words: 1743 - Pages: 7
...we should treat like cases alike? 1. Plato 2. Epicurus 3. Cicero 4. Aristotle 1. The topic of the proper distribution of burdens and benefits is known as 1. Distributive justice 2. Retributive justice 3. Economic welfare 4. Laissez-faire economics 1. Who made the violation of one’s moral rights the defining characteristic of injustice? 1. John Stuart Mill 2. Adam Smith 3. Karl Marx 4. Robert Nozick 1. Rawls’s theory of justice is 1. A libertarian theory 2. An egalitarian theory 3. A utilitarian theory 4. A retributivist theory 1. Justice for Mill was ultimately a matter of 1. Luck 2. Promoting social well-being 3. Property rights 4. Enforced equality 1. Brandt defends the equality of after-tax income on 1. Libertarian grounds 2. Deontological grounds 3. Utilitarian grounds 4. Egalitarian grounds 1. Libertarians assume that liberty means 1. Freedom 2. Noninterference 3. Equality 4. Liberation 1. Nozick begins with the premise that people have 1. Certain basic moral rights 2. Equality of income 3. Equality of opportunity 4. Certain basic positive rights 1. Nozick refers to the firm restrictions that rights impose as 1. Side constraints 2. Lockean constraints 3. Side bars 4. Liberty constraints 1. Nozick calls his theory of justice the 1. Welfare theory 2. Lockean theory 3. Absolute theory 4. Entitlement theory 1. Locke held that individuals are entitled to 1. The products of a welfare state 2. What...
Words: 727 - Pages: 3
...we should treat like cases alike? 1. Plato 2. Epicurus 3. Cicero 4. Aristotle 1. The topic of the proper distribution of burdens and benefits is known as 1. Distributive justice 2. Retributive justice 3. Economic welfare 4. Laissez-faire economics 1. Who made the violation of one’s moral rights the defining characteristic of injustice? 1. John Stuart Mill 2. Adam Smith 3. Karl Marx 4. Robert Nozick 1. Rawls’s theory of justice is 1. A libertarian theory 2. An egalitarian theory 3. A utilitarian theory 4. A retributivist theory 1. Justice for Mill was ultimately a matter of 1. Luck 2. Promoting social well-being 3. Property rights 4. Enforced equality 1. Brandt defends the equality of after-tax income on 1. Libertarian grounds 2. Deontological grounds 3. Utilitarian grounds 4. Egalitarian grounds 1. Libertarians assume that liberty means 1. Freedom 2. Noninterference 3. Equality 4. Liberation 1. Nozick begins with the premise that people have 1. Certain basic moral rights 2. Equality of income 3. Equality of opportunity 4. Certain basic positive rights 1. Nozick refers to the firm restrictions that rights impose as 1. Side constraints 2. Lockean constraints 3. Side bars 4. Liberty constraints 1. Nozick calls his theory of justice the 1. Welfare theory 2. Lockean theory 3. Absolute theory 4. Entitlement theory 1. Locke held that individuals are entitled to 1. The products of a welfare state 2. What...
Words: 727 - Pages: 3
...The right to due process by law is afforded to every American as of the pivotal ratification of the Fourteenth Amendment on July 9, 1868. This amendment guaranteed every American equal and impartial treatment within the justice system. However, within the flawed institution that is the United States justice system, race is undeniably a pivotal factor in the outcome of the legal process. From the disproportionate rates of police stops to the severity of prosecutions and even the likelihood of facing the death penalty, race has evident and extensive influence. The deep-rooted prejudices held against minorities within the American justice system stand in direct opposition to the fundamental respect for human rights that is vital in the maintenance of democracy. Prejudice...
Words: 1571 - Pages: 7
...and Promotions, Employee’s Rights and Duties Business Ethics has been an issue for the past four thousand years. The Mesopotamian rulers attempted to create honest prices and the Aristotle discussed the vices and virtues of tradesmen and merchants. In the Old Testament there are discussions on the topic of fraud, theft, proper weights, and competition; in the New Testament business ethics as it relates to poverty and wealth are discussed (Hoffman, Frederick, & Schwartz, 2001, p. 3). In current times the discussions of Business Ethics is moving towards a different approach. There will always be organizations more concern about the financial interest of the shareholders than the consumer; however, there is now a growing interest among US companies to corporate social responsibility as a way to benefit both the community and the organization. This paper will briefly compare and contrast the various theories of economic Justice of Fairness, Distributive Justice, Utilitarianism, Capitalism and Morality, and Socialism; and reveal the one theory I believe to be the most practical; and the best theory of economic justice as it applies to the “fairness in hiring and promotions, and employees’ rights and duties.” Justice of Fairness includes components of the Principle of Liberty that every one deserve the right to basic liberties; and the Principle of Equality falls in line with the distributive justice for social and economic liberties...
Words: 1904 - Pages: 8
...“Possession, Desert and Distributive Justice” is a chapter written by Michael J. Sandel that analyzes Rawls' theory of justice that attempts to compensate for inequality and unfairness. This theory advocates a system named as distributive justice and in this critical response, I will briefly summarize key elements of this justice system and delve into liberal equality, demonstrating how our current society has laws in place to advocate this form of equality. Rawls describes distributive justice as a duty that society owes to its citizens. We must acknowledge the social and cultural disadvantages that an individual has (race, gender, religion, etc) and assist these people in need. As a result of these disadvantages, there are unequal opportunities...
Words: 405 - Pages: 2
...A Man of Justice Eng/147 December 15 2014 Ms. Shelagh Smith Martin Luther King Jr was a person with dignity and courage, and he was a powerful black leader that showed an took a positive stand for what he believed in without the act of violence. He began his life as a preacher who led the community and started the Montgomery boycott. He did everything he could to bring equality to America and to ensure civil rights for all people regardless of race. Martin Luther King states "Justice is check (by force, if neces sary) upon ambitions of individuals seeking to overcome their own insecurity at the expense of others" (Mattson, K., 2002). Even though, he bought equality to America, Martin Luther King Jr. is one of the most inspirational leaders in history of our nation. He led by example, and used non-violent protest for change. Martin Luther King Jr was a true leader that many people looked up to for so many reasons. He wanted equality among African Americans. He led the Montgomery Boycott to gain justice on city buses days after Rosa Parks was arrested for not giving up her seat. She was the secretary of the National Association for the Advancement of Colored People. The Montgomery Boycott lasted 381 days, and during this time he had many telephone threats and his house was bombed. Many blacks were able to get to and from work and they were no longer...
Words: 914 - Pages: 4
...© Michael Lacewing Ra wls a nd No zick on jus tic e RAWLS: JUSTICE AND THE SOCIAL CONTRACT John Rawls’ theory of distributive justice (A Theory of Justice) is based on the idea that society is a system of cooperation for mutual advantage between individuals. As such, it is marked by both conflicts between differing individual interests and an identity of shared interests. Principles of justice should ‘define the appropriate distribution of the benefits and burdens of social co-operation’. (p. 4) Justice is the most important political value and applies to the ‘basic institutions of society’ – the political constitution and the institutions that regulate the market, property, family, freedom, and so on – because it is intimately connected to what society is and what it is for. If society is a matter of cooperation between equals for mutual advantage, the conditions for this cooperation need to be defended and any inequalities in social positions must be justified. And so the principles of justice, Rawls thinks, must be ‘the principles that free and rational persons concerned to further their own interests would accept in an initial position of equality as defining the fundamental terms of their association’ (p. 11). Justice, then, is fairness. What are the terms of the ‘social contract’? What principles of justice would we agree to in this situation? For our agreement to secure a fair, impartial procedure, we need to eliminate any possible bias towards, say...
Words: 2185 - Pages: 9
...No one is perfect. Surely as humanity as a whole, our world is also lacking perfection. From this arise the many justice issues we face today. The largest rights violation that still seems to elude the most change for the good is the equality rights for women. Since women form half of the human beings inhabiting planet Earth, their human rights should be extended. If a society does not hold justice and equality for all women in the highest regard, neither will it hold justice and equality for the many varieties of men in high regard. Justice is synonymous to such concepts as righteousness, lawfulness, and equality. According to Lucas, as an ethical category, justice can be defined as a principle of fairness. However, justice in its legal and ethical aspects can be defined as acting according to the ideal of fair-doing recognized in a particular society, and treating a person or their doings in accordance to this ideal and state laws. This definition of justice raised an issue of women’s rights to equality abused happening today around the world. One of the most horrific acts of abuse toward women’s right is honor killing. In various countries, particularly in the Middle East and parts of South Asia, women who bring dishonor to their families because of sexual indiscretions or even rape are forced to pay a terrible price at the hands of male family members. This brutal act is most commonly found among Islamic religion. For example, in Palestine, women and girls suffer a wide...
Words: 1418 - Pages: 6
...A Theory of Justice Rawls In 1985, John Rawls published his essay A Theory of Justice in which he defined social justice by applying social contract approach and introducing a hypothetical state – the Original Position with veil of ignorance. First of all, Rawls believed that the principles of justice should help society to govern its structure and protect the rights of everyone in the society. Then Rawls proposed the idea that justice can be called “fairness”. Since he claimed that the principles of justice should be decided in advance in order to regulate the society more efficiently, a group of chosen people must determine the set of principles of justice. Given the importance of such task, there is no doubt that the group of chosen people ought to have the knowledge in relative fields and the capacity to think rationally in order to make the best decisions, if not for anyone else, at least for themselves. In this case, we refer to the participant with rationality a rational agent. If we assumed that every party were a rational agent, we are, in fact, acknowledging that rational agent would determine the principles of justice with the purpose of maximizing benefits for him and for people with similar background based on the given status quo and specific traits of society he is currently living in. Hence, if we only choose people who are rational, we would face two problems including constant argument, which would fail to deliver any reasonable agreement when rational...
Words: 1288 - Pages: 6
...citizens as “to secure to all the citizens of India, justice – Social, Economic and Political”. The eternal value of the constitutionalism is the rule of law which has three facets i.e. rule by law, role under law and rule according to law. Under our constitution, it is the primary responsibility of the state to maintain law and order so that the citizens can enjoy peace and security. The preamble speaks of justice, social economic and political and of equality of status and opportunity. It points out that protecting the interest of the poorer section of the society is the constitutional goal. So this very idea of protecting poor people cannot be promoted without the effective, efficient functions of the legal aid programmes and legal literacy programme. The study relates to the Legal Aid provisions in Constitution and in the code of civil and criminal procedures. 3.1.1 Legal Aid Relevant Constitutional Provisions : Preambular Aspirations and Legal Aid The preamble79 to the Constitution summarises the aims and objectives of the Constitution. It is a legitimate aid in the interpretation of the constitution. It put 79 The Preamble of the Constitution of India declares, WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC, REPUBLIC and to secure to all its citizens: 1JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among...
Words: 21859 - Pages: 88
...It is estimated that 18% of the general population has a mental illness. However, an estimated 44% of those in jail have a mental illness (About Criminal and Juvenile Justice). The topic of mental health in criminal justice is crucial because it intersects with several fundamental aspects of society, including justice, public safety, and human rights. Caring about mental health in the criminal justice system reflects our commitment to support the well-being of all individuals. While recognizing the profound impact of mental illness on society, it is essential to ensure that mental illness does not serve as a justification for any crime. With this understanding in mind, the complexities of mental health issues while maintaining the integrity...
Words: 1159 - Pages: 5
...tensions and the fight for equality, both home and abroad. The United States was founded on the core values of liberty, freedom, and justice and these values were now in question. Through liberty, the U.S. constantly has taken or ignored rights to those who were targeted before and after World War II, especially during the Civil Rights Movement. Minorities in America experienced prejudice which continued to thrive following the post-war years. Even during this time period, the U.S. justice system was corrupted by prejudice views. Throughout the 1940s, 50s, and 60s, the U.S. has failed to socially and politically promote...
Words: 923 - Pages: 4
...Brad Connor 2/5/14 SOC 350 Professor DeWitt What is Social Justice? In today’s society, people use the phrase “social justice” to form a basis of how individuals should act with one another. However, there is really no clear definition of the right “social justice”. People depending on diverse circumstances look social justice differently; for example race, economic status and gender can come into play. Michael Novak defines social justice as “the capacity to organize with others to accomplish ends that benefit the whole community. (Social Justice: Not What You Think It Is)” The definition of social justice seems to always circle around a few key words: fairness, equality, common good, merit and morals (What Is Justice?). These words form a foundation to allow society to function properly with free will and choice without totally controlling the people. As stated before, every person may have a different meaning to what social justice is and who deserves social justice, which presents issues around the world. The death penalty is a major issue that is problematic to the question of “what is social justice?” Society looks at criminals as outsiders, uncivilized and dangerous. So society decided to form the procedure of the death penalty, which sentences a person to death who has committed a capital crime. Some people find the death penalty just while others do not. Some individuals feel that the death penalty helps society. By killing the criminal you eliminate any further...
Words: 691 - Pages: 3