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Encyclopedia > Justice
Ethics
Theoretical

Meta-ethics
Normative · Descriptive
Consequentialism
Deontology
Virtue ethics
Ethics of care
Good and evil · Morality Look up justice in Wiktionary, the free dictionary. ... For other uses, see Ethics (disambiguation). ... In philosophy, meta-ethics or analytic ethics [1] is the branch of ethics that seeks to understand the nature of ethical properties, and ethical statements, attitudes, and judgments. ... Normative ethics is the branch of the philosophical study of ethics concerned with classifying actions as right and wrong, as opposed to descriptive ethics. ... Descriptive ethics, also known as comparative ethics, is the study of peoples beliefs about morality. ... Consequentialism refers to those moral theories which hold that the consequences of a particular action form the basis for any valid moral judgment about that action. ... Deontological ethics or deontology (Greek: δέον (deon) meaning obligation or duty) is an approach to ethics that focuses on the rightness or wrongness of actions themselves, as opposed to the rightness or wrongness of the consequences of those actions. ... This article or section does not cite its references or sources. ... The ethics of care movement is a movement in twentieth century normative ethical theory that is largely inspired by the work of psychologist Carol Gilligan. ... This article or section does not cite any references or sources. ... Morality (from the Latin manner, character, proper behavior) has three principal meanings. ...

Applied

Bioethics · Medical
Engineering · Environmental
Human rights · Animal rights
Legal · Media
Business · Marketing
Religion · War
Applied ethics takes a theory of ethics, such as utilitarianism, social contract theory, or deontology, and applies its major principles to a particular set of circumstances and practices. ... Bioethics is the ethics of biological science and medicine. ... Medical ethics is primarily a field of applied ethics, the study of moral values and judgments as they apply to medicine. ... Engineering ethics is the field of ethics describing the obligations of those who are professional engineers to their clients or employers, and their obligations to society as a whole. ... Environmental ethics is the part of environmental philosophy which considers the ethical relationship between human beings and the natural environment. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... A man holds a monkey with a limb missing by a rope around her neck, a scene epitomizing the idea of animal ownership. ... Legal ethics refers to an ethical code governing those in the practice of law. ... Business ethics is a form of the art of applied ethics that examines ethical principles and moral or ethical problems that can arise in a business environment. ... Marketing ethics is the area of applied ethics which deals with the moral principles behind the operation and regulation of marketing. ... Just War theory is a doctrine of military ethics studied by moral theologians, ethicists and international policy makers which holds that a conflict can and ought to meet the criteria of philosophical, religious or political justice, provided it follows certain conditions. ...

Core issues

Justice · Value
Right · Duty · Virtue
Equality · Freedom · Trust
Free will · Consent
Moral responsibility To meet Wikipedias quality standards, this article or section may require cleanup. ... For other uses, see Universalism (disambiguation). ... Duty is a term loosely appliedDuty to any action (or course of action) whichDutyDuty is regarded as morally incumbent, apart from personal likes and dislikes or any external compulsion. ... Personification of virtue (Greek ἀρετή) in Celsus Library in Ephesos, Turkey Virtue (Latin virtus; Greek ) is moral excellence of a person. ... Egalitarianism (derived from the French word égal, meaning equal or level) is a political doctrine that holds that all people should be treated as equals from birth. ... For other uses, see Freedom. ... For other uses, see Trust. ... Free-Will is a Japanese independent record label founded in 1986. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... Almanac · Categories · Glossaries · Lists · Overviews · Portals · Questions · Site news · Index Art | Culture | Geography | Health | History | Mathematics | People | Philosophy | Science | Society | Technology Wikipedia is an encyclopedia written by its users in over 200 languages worldwide. ...

Key thinkers

Confucius · Mencius
Aristotle · Aquinas
Hume · Kant
Bentham · Mill
Kierkegaard · Nietzsche
Hare · Rawls  · Nozick Confucius (Chinese: ; pinyin: ; Wade-Giles: Kung-fu-tzu), lit. ... Mencius (Romanization; 孟子, pinyin: Mèng Zǐ; Wade-Giles: Meng Tzu; most accepted dates: 372 – 289 BCE; other possible dates: 385 – 303/302 BCE) was a Chinese philosopher who was arguably the most famous Confucian after Confucius himself. ... For other uses, see Aristotle (disambiguation). ... Aquinas redirects here. ... For other persons named David Hume, see David Hume (disambiguation). ... Kant redirects here. ... Jeremy Bentham (IPA: ) (26 February [O.S. 15 February 15] 1748) – June 6, 1832) was an English jurist, philosopher, and legal and social reformer. ... John Stuart Mill (20 May 1806 – 8 May 1873), British philosopher, political economist, civil servant and Member of Parliament, was an influential liberal thinker of the 19th century. ... Søren Aabye Kierkegaard (IPA: , but usually Anglicized as ;  ) 5 May 1813 – 11 November 1855) was a prolific 19th century Danish philosopher and theologian. ... Friedrich Wilhelm Nietzsche (October 15, 1844 – August 25, 1900) (IPA: ) was a nineteenth-century German philologist and philosopher. ... R.M. Hare Richard Mervyn Hare (March 21, 1919 – January 29, 2002) was an English moral philosopher, who held the post of Whites Professor of Moral Philosophy at the University of Oxford from 1966 until 1983. ... John Rawls (February 21, 1921 – November 24, 2002) was an American philosopher, a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. ... Origins Ideas Topics Related Philosophy Portal Politics Portal        Robert Nozick (November 16, 1938 â€“ January 23, 2002) was an American philosopher and Pellegrino University Professor at Harvard University. ...

Lists

List of ethics topics
List of ethicists To meet Wikipedias quality standards, this article or section may require cleanup. ... List of ethicists including religious or political figures recognized by those outside their tradition as having made major contributions to ideas about ethics, or raised major controversies by taking strong positions on previously unexplored problems. ...

This box: view  talk  edit

Justice is a term that is divided into two categories: behaviour, the treatment of others; and the administration of law, in which a judge or panel of judges, a magistrate, or a jury enforce legislation, with the objectives of protecting victims and lawfully punishing perpetrators. This article does not cite any references or sources. ... A magistrate is a judicial officer. ... Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... Victimology is the study of why certain people are victims of crime and how lifestyles affect the chances that a certain person will fall victim to a crime. ... For the 1987 movie starring Cher, see Suspect (film). ...


Retributive justice regulates proportionate response to crime proven by lawful evidence, so that punishment is justly imposed and considered as morally-correct and fully deserved. The lex talionis (law of retaliation) is a military theory of retributive justice, which says that proper punishment should be equal to the wrong suffered; "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, wound for wound, stripe for stripe."[1] Retributive justice maintains that proportionate punishment is a morally acceptable response to crime, regardless of whether the punishment causes any tangible benefits. ... Lex talionis (literally the Latin for law as retaliation) or law of retaliation is the belief that one of the purposes of the law is to provide retaliation for an offended party. ...


Distributive justice is directed at the proper allocation of things - wealth, power, reward, respect - between different people. A number of important questions surrounding justice have been fiercely debated over the course of western history: What is justice? What does it demand of individuals and societies? What is the proper distribution of wealth and resources in society: equal, meritocratic, according to status, or some other arrangement?[2] There is a myriad of possible answers to these questions from divergent perspectives on the political and philosophical spectrum. Distributive justice - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... This article is about the study of the past in human terms. ... Egalitarianism (derived from the French word égal, meaning equal or level) is a political doctrine that holds that all people should be treated as equals from birth. ... Forms of government Part of the Politics series Politics Portal This box:      Meritocracy is a system of a government or another organization wherein appointments are made *who* makes the appointments - ultimately, it is the people (all members of the group). ... A plutocracy is a form of government where the states power is centralized in an affluent social class. ...


Oppressive Law exercises an authoritarian approach to legislation which is totally unrelated to justice, a tyrannical interpretation of law is one in which the population lives under restriction from unlawful legislation. This article or section does not cite any references or sources. ...


Some theorists, such as the classical Greeks, conceive of justice as a virtue—a property of people, and only derivatively of their actions and the institutions they create. Others emphasize actions or institutions, and only derivatively the people who bring them about. The source of justice has variously been attributed to harmony, divine command, natural law, or human creation. Personification of virtue (Greek ἀρετή) in Celsus Library in Ephesos, Turkey Virtue (Latin virtus; Greek ) is moral excellence of a person. ... Harmony is the use and study of pitch simultaneity, and therefore chords, actual or implied, in music. ... The divine command theory is the metaethical theory that morality (e. ... Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ... This article is about modern humans. ...

Contents

The importance of justice

J.L. Urban, statue of Lady Justice at court building in Olomouc, Czech Republic
J.L. Urban, statue of Lady Justice at court building in Olomouc, Czech Republic
Justice by Luca Giordano
Justice by Luca Giordano

Justice concerns the proper ordering of things and persons within a society. As a concept it has been subject to philosophical, legal, and theological reflection and debate throughout history. According to most theories of justice, it is overwhelmingly important: John Rawls, for instance, claims that "Justice is the first virtue of social institutions, as truth is of systems of thought."[3]: Justice can be thought of as distinct from and more fundamental than benevolence, charity, mercy, generosity or compassion. Research conducted in 2003 at Emory University, Georgia, involving Capuchin Monkeys demonstrated that other cooperative animals also possess such a sense and that "inequality aversion may not be uniquely human."[4] indicating that ideas of fairness and justice are of an instinctual nature. ImageMetadata File history File links Download high resolution version (1728x2304, 1368 KB) Popis en: Allegory of Justice - statue at court building in Olomouc (Czech Republic). ... ImageMetadata File history File links Download high resolution version (1728x2304, 1368 KB) Popis en: Allegory of Justice - statue at court building in Olomouc (Czech Republic). ... Lady Justice Lady Justice (Iustitia, the Roman Goddess of Justice and sometimes, simply Justice) is an allegorical personification of the moral force that underlies the legal system. ... town hall with astronomical clock Olomouc (German Olmütz, Polish Ołomuniec, Latin Eburum or Olomucium) is a city in Moravia, in the east of the Czech Republic. ... Image File history File links Download high resolution version (2536x3560, 754 KB) Description: Title: de: Fresken in der Galerie des Palazzo Medici-Riccardi in Florenz, Szene: Justizia Technique: de: Fresko Dimensions: Country of origin: de: Italien Current location (city): de: Florenz Current location (gallery): de: Palazzo Medici-Riccardi Other notes... Image File history File links Download high resolution version (2536x3560, 754 KB) Description: Title: de: Fresken in der Galerie des Palazzo Medici-Riccardi in Florenz, Szene: Justizia Technique: de: Fresko Dimensions: Country of origin: de: Italien Current location (city): de: Florenz Current location (gallery): de: Palazzo Medici-Riccardi Other notes... The creation of man, fresco in the Palazzo Medici-Riccardi in Florence, 1684-1686. ... In philosophy, an object is a thing, an entity, or a being. ... Person, in the classic sense, refers to a living human being. ... For other uses, see Society (disambiguation). ... For other uses, see Philosophy (disambiguation). ... For other uses, see Law (disambiguation). ... Theology finds its scholars pursuing the understanding of and providing reasoned discourse of religion, spirituality and God or the gods. ... This article is about the study of the past in human terms. ... John Rawls (February 21, 1921 – November 24, 2002) was an American philosopher, a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. ... Allegorical personification of Charity as a mother with three infants by Anthony van Dyck // The word charity entered the English language through the O.Fr word charite which was derived from the Latin caritas.[1] In Christian theology charity, or love (agapē), is the greatest of the three theological virtues... For other uses, see Mercy (disambiguation). ... Look up generosity in Wiktionary, the free dictionary. ... Compassion is best described as an understanding of the emotional state of another; not to be confused with empathy. ... Emory University is a private university located in the metropolitan area of the city of Atlanta and in western unincorporated DeKalb County, Georgia, United States. ... Inequity aversion is the preference for fair rewards and fairplay in Anthropology (in the sub-disciplines sociology, economics, sociobiology, psychology, Evolutionary psychology, and primate behaviourology). ...


Justice as harmony

Main article: Republic (dialogue)

In his dialogue Republic, Plato uses Socrates to argue for justice which covers both the just person and the just city-state. Justice is a proper, harmonious relationship between the warring parts of the person or city. A person’s soul has three parts – spirit, resourcefulness and mindfulness. Similarly, a city has three parts – Socrates uses the parable of the chariot to illustrate his point: a chariot works as a whole because the two horses’ power is directed by the charioteer. Lovers of wisdom – philosophers, in one sense of the term – should rule because only they understand what is good. If one is ill, one goes to a doctor rather than a quack, because the doctor is expert in the subject of health. Similarly, one should trust one’s city to an expert in the subject of the good, not to a mere politician who tries to gain power by giving people what they want, rather than what’s good for them. Socrates uses the parable of the ship to illustrate this point: the unjust city is like a ship in open ocean, crewed by a powerful but drunken captain (the common people), a group of untrustworthy advisors who try to manipulate the captain into giving them power over the ship’s course (the politicians), and a navigator (the philosopher) who is the only one who knows how to get the ship to port. For Socrates, the only way the ship will reach its destination – the good – is if the navigator takes charge.[5] Plato. ... For other uses, see Plato (disambiguation). ... A city-state is a region controlled exclusively by a city. ... Bouguereaus LInnocence (Innocence). Both the child and the lamb represent fragility and peacefulness, as seen in religious art. ... The Politics series Politics Portal This box:      A politician is an individual who is a formally recognized and active member of a government, or a person who influences the way a society is governed through an understanding of political power and group dynamics. ... A navigator is the person onboard a ship responsible for the navigation of the vessel. ...


Justice as divine command

Main article: Divine command theory

Justice as a divine law is commanding , and indeed the whole of morality, is the authoritative command. Killing is wrong and therefor must be punished and if not punished what should be done?. There is a famous paradox called the Euthyphro dilemma which essentially asks: is something right because God commands it, or does God command it because it's right? If the former, then justice is arbitrary; if the latter, then morality exists on a higher order than God, who becomes little more than a passer-on of moral knowledge. Some Divine command advocates respond by pointing out that the dilemma is false: goodness is the very nature of God and is necessarily expressed in his commands. The divine command theory is the metaethical theory that morality (e. ... The Euthyphro dilemma is found in Platos dialogue Euthyphro, in which Socrates asks Euthyphro: Is the pious (τὸ ὅσιον) loved by the gods because it is pious, or is it pious because it is loved by the gods? (10a) In monotheistic terms, this is usually transformed into: Is what is moral...


Justice as natural law

Main article: Natural law

John Locke of the natural law beleives that justice would become a natural law, it involves the system of punishments which are prone from choices. In this, it is similar to the laws of physics: in the same way as the Third of Newton's laws of Motion requires that for every action there must be an equal and opposite reaction, justice requires according individuals or groups what they actually deserve, merit, or are entitled to. Justice, on this account, is a universal and absolute concept: laws, principles, religions, etc., are merely attempts to codify that concept, sometimes with results that entirely contradict the true nature of justice. Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ... The Laws of Nature are claimed in the United States Declaration of Independence to be the work of the Creator of unalienable rights identified as Natures God. ... Sir Isaac Newton FRS (4 January 1643 – 31 March 1727) [ OS: 25 December 1642 – 20 March 1727][1] was an English physicist, mathematician, astronomer, natural philosopher, and alchemist. ... Newtons First and Second laws, in Latin, from the original 1687 edition of the Principia Mathematica. ...


Justice as human creation

In contrast to the understandings canvassed so far, justice may be understood as a human creation, rather than a discovery of harmony, divine command, or natural law. This claim can be understood in a number of ways, with the fundamental division being between those who argue that justice is the creation of some humans, and those who argue that it is the creation of all humans.


Justice as authoritative command

Injustice by Giotto di Bondone
Injustice by Giotto di Bondone

According to thinkers including Thomas Hobbes, justice is created by public, enforceable, authoritative rules, and injustice is whatever those rules forbid, regardless of their relation to morality. Justice is created, not merely described or approximated, by the command of an absolute sovereign power. This position has some similarities with divine command theory (see above), with the difference that the state (or other authority) replaces God. Image File history File links Download high-resolution version (480x802, 140 KB) Giotto di Bondone (1267-1337), Cappella Scrovegni a Padova, Injustice File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Justice ... Image File history File links Download high-resolution version (480x802, 140 KB) Giotto di Bondone (1267-1337), Cappella Scrovegni a Padova, Injustice File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Justice ... Giotto di Bondone (c. ... Hobbes redirects here. ... The introduction to this article provides insufficient context for those unfamiliar with the subject matter. ... Look up sovereign in Wiktionary, the free dictionary. ... For other uses, see State (disambiguation). ...


Justice as trickery

In Republic, the character Thrasymachus argues that justice is the interest of the strong: merely a name for whatever the powerful or cunning ruler has managed to impose on the people, to his or her own advantage. Nietzsche, in contrast, argues that justice is part of the slave-morality of the weak many, rooted in their resentment of the strong few, and intended to keep the noble man down. In Human, All Too Human he states that, "there is no eternal justice." Thrasymachus (Θρασύμαχος) (ca. ... Friedrich Nietzsche, 1882 Friedrich Wilhelm Nietzsche (October 15, 1844 - August 25, 1900) was a highly influential German philosopher. ... Human, All Too Human (Menschliches, Allzumenschliches) is a book by Friedrich Nietzsche, originally published in 1878. ...

Further information: Republic (dialogue), Master-slave morality

Plato. ... Master-Slave Morality is the theme of some of Friedrich Nietzsches works, in particular the first essay of On the Genealogy of Morals. ...

Justice as mutual agreement

Main article: Social contract

According to thinkers in the social contract tradition, justice is derived from the mutual agreement of everyone concerned; or, in many versions, from what they would agree to under hypothetical conditions including equality and absence of bias. This account is considered further below, under ‘Justice as fairness’. John Lockes writings on the Social Contract were particularly influential among the American Founding Fathers. ...


Justice as a subordinate value

According to utilitarian thinkers including John Stuart Mill, justice is not as fundamental as we often think. Rather, it is derived from the more basic standard of rightness, consequentialism: what is right is what has the best consequences (usually measured by the total or average welfare caused). So, the proper principles of justice are those which tend to have the best consequences. These rules may turn out to be familiar ones such as keeping contracts; but equally, they may not, depending on the facts about real consequences. Either way, what is important is those consequences, and justice is important, if at all, only as derived from that fundamental standard. Mill tries to explain our mistaken belief that justice is overwhelmingly important by arguing that it derives from two natural human tendencies: our desire to retaliate against those who hurt us, and our ability to put ourselves imaginatively in another’s place. So, when we see someone harmed, we project ourselves into her situation and feel a desire to retaliate on her behalf. If this process is the source of our feelings about justice, that ought to undermine our confidence in them.[6] John Stuart Mill (20 May 1806 – 8 May 1873), British philosopher, political economist, civil servant and Member of Parliament, was an influential liberal thinker of the 19th century. ... Consequentialism refers to those moral theories which hold that the consequences of a particular action form the basis for any valid moral judgment about that action. ... This article is about the economic and philosophical concept. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ...

Further information: Utilitarianism, Utilitarianism (book), John Stuart Mill

This article discusses utilitarian ethical theory. ... John Stuart Mills book Utilitarianism is one of the most influential and widely-read philosophical defenses of utilitarianism in ethics. ... John Stuart Mill (20 May 1806 – 8 May 1873), British philosopher, political economist, civil servant and Member of Parliament, was an influential liberal thinker of the 19th century. ...

Theories of distributive justice

Allegory or The Triumph of Justice by Hans von Aachen
Allegory or The Triumph of Justice by Hans von Aachen

Theories of distributive justice need to answer three questions: Download high resolution version (708x827, 106 KB)Allegory by Hans von Aachen (1598) Oil on copper, 56 x 47 cm Alte Pinakothek, Munich Source: http://gallery. ... Download high resolution version (708x827, 106 KB)Allegory by Hans von Aachen (1598) Oil on copper, 56 x 47 cm Alte Pinakothek, Munich Source: http://gallery. ... Allegory or The Triumph of Justice (1598) Oil on copper, 56 x 47 cm Alte Pinakothek, Munich Hans von Aachen (1552, Cologne - March 4, 1615, Prague) was a German mannerist painter. ...

  1. What goods are to be distributed? Is it to be wealth, power, respect, some combination of these things?
  2. Between what entities are they to be distributed? Humans (dead, living, future), sentient beings, the members of a single society, nations?
  3. What is the proper distribution? Equal, meritocratic, according to social status, according to need?

Distributive justice theorists generally do not answer questions of who has the right to enforce a particular favored distribution. For the business meaning, see Wealth (economics). ... This article needs additional references or sources for verification. ... Respect It also could be applied to taking care of oneself, others or the environment. ... Not to be confused with sapience. ... For other uses, see Nation (disambiguation). ... Forms of government Part of the Politics series Politics Portal This box:      Meritocracy is a system of a government or another organization wherein appointments are made *who* makes the appointments - ultimately, it is the people (all members of the group). ... Social status is the honor or prestige attached to ones position in society (ones social position). ... A need is the psychological feature that arouses an organism to action toward a goal and the reason for the action, giving purpose and direction to behavior. ...


This section describes some widely-held theories of distributive justice, and their attempts to answer these questions.


Egalitarianism

Main article: Egalitarianism

According to the egalitarian, goods should be distributed equally. This basic view can be elaborated in many different ways, according to what goods are to be distributed Рwealth, respect, opportunity Рand what they are to be distributed equally between Рindividuals, families, nations, races, species. Commonly-held egalitarian positions include demands for equality of opportunity and for equality of outcome. Egalitarianism (derived from the French word ̩gal, meaning equal or level) is a political doctrine that holds that all people should be treated as equals from birth. ... Equal opportunity is a descriptive term for an approach intended to give equal access to an environment or benefits, such as education, employment, health care, or social welfare to all, often with emphasis on members of various social groups which might have at some time suffered from discrimination. ... This article or section does not cite its references or sources. ...


Giving people what they deserve

In one sense, all theories of distributive justice claim that everyone should get what he or she deserves. Where they diverge is in disagreeing about the basis of desert. The main distinction is between, on one hand, theories which argue that the basis of just desert is something held equally by everyone and therefore derive egalitarian accounts of distributive justice; and, on the other hand, theories which argue that the basis of just desert is unequally distributed on the basis of, for instance, hard work, and therefore derive accounts of distributive justice according to which some should have more than others. This section deals with some popular theories of the second type.


According to meritocratic theories, goods, especially wealth and social status, should be distributed to match individual merit, which is usually understood as some combination of talent and hard work. According to needs-based theories, goods, especially such basic goods as food, shelter and medical care, should be distributed to meet individuals’ basic needs for them. Marxism can be regarded as a needs-based theory on some readings of Marx’s slogan, ‘From each according to his ability, to each according to his needs’.[7] According to contribution-based theories, goods should be distributed to match an individual's contribution to the overall social good. The basic needs approach in development discourse focuses on the measurement of poverty with a view to its elimination in the shortest amount of time. ... Marxism is both the theory and the political practice (that is, the praxis) derived from the work of Karl Marx and Friedrich Engels. ... Karl Heinrich Marx (May 5, 1818 – March 14, 1883) was a 19th century philosopher, political economist, and revolutionary. ...

Further information: Meritocracy, Need, From each according to his ability, to each according to his need

Forms of government Part of the Politics series Politics Portal This box:      Meritocracy is a system of a government or another organization wherein appointments are made *who* makes the appointments - ultimately, it is the people (all members of the group). ... A need is the psychological feature that arouses an organism to action toward a goal and the reason for the action, giving purpose and direction to behavior. ... From each according to his ability, to each according to his need (or needs) is a slogan popularized by Karl Marx in his 1875 Critique of the Gotha Program. ...

Fairness

Main article: A Theory of Justice

In his A Theory of Justice, John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness: an impartial distribution of goods. Rawls asks us to imagine ourselves behind a veil of ignorance which denies us all knowledge of our personalities, social statuses, moral characters, wealth, talents and life plans, and then asks what theory of justice we would choose to govern our society when the veil is lifted, if we wanted to do the best that we could for ourselves. We don’t know who in particular we are, and therefore can’t bias the decision in our own favour. So, the decision-in-ignorance models fairness, because it excludes selfish bias. Rawls argues that each of us would reject the utilitarian theory of justice that we should maximize welfare (see below) because of the risk that we might turn out to be someone whose own good is sacrificed for greater benefits for others. Instead, we would endorse Rawls’s two principles of justice: A Theory of Justice is a book of political and moral philosophy by John Rawls. ... John Rawls (February 21, 1921 – November 24, 2002) was an American philosopher, a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. ... John Lockes writings on the Social Contract were particularly influential among the American Founding Fathers. ... For other senses of this word, see bias (disambiguation). ... This article discusses utilitarian ethical theory. ...

1. Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.
2. Social and economic inequalities are to be arranged so that they are both
a) to the greatest benefit of the least advantaged, consistent with the just savings principle, and
b) attached to offices and positions open to all under conditions of fair equality of opportunity.[8]

This imagined choice justifies these principles as the principles of justice for us, because we would agree to them in a fair decision procedure. Rawls’s theory distinguishes two kinds of goods – (1) liberties and (2) social and economic goods, i.e. wealth, income and power – and applies different distributions to them – equality between citizens for (1), equality unless inequality improves the position of the worst off for (2). For other uses, see Freedom. ...


Having the right history

Robert Nozick’s influential critique of Rawls argues that distributive justice is not a matter of the whole distribution matching an ideal pattern, but of each individual entitlement having the right kind of history. It is just that a person has some good (especially, some property right) if and only if he or she came to have it by a history made up entirely of events of two kinds: Origins Ideas Topics Related Philosophy Portal Politics Portal        Robert Nozick (November 16, 1938 â€“ January 23, 2002) was an American philosopher and Pellegrino University Professor at Harvard University. ... This page deals with property as ownership rights. ...

1. Just acquisition, especially by working on unowned things; and
2. Just transfer, that is free gift, sale or other agreement, but not theft.

If the chain of events leading up to the person having something meets this criterion, then he or she is entitled to it: it is just that he or she possesses it, and what anyone else has, or does not have, or needs, is irrelevant. A young waif steals a pair of boots Stealing redirects here. ...


On the basis of this theory of distributive justice, Nozick argues that all attempts to redistribute goods according to an ideal pattern, without the consent of their owners, are theft. In particular, redistributive taxation is theft. To meet Wikipedias quality standards, this article or section may require cleanup. ...

Further information: Anarchy, State, and Utopia, Libertarianism

Anarchy, State, and Utopia is a work of political philosophy written by Robert Nozick in 1974. ... This article is about the political philosophy based on private property rights. ...

Welfare-maximization

Main article: Utilitarianism

According to the utilitarian, justice requires the maximization of the total or average welfare across all relevant individuals. This may require sacrifice of some for the good of others, so long as everyone’s good is taken impartially into account. Utilitarianism, in general, argues that the standard of justification for actions, institutions, or the whole world, is impartial welfare consequentialism, and only indirectly, if at all, to do with rights, property, need, or any other non-utilitarian criterion. These other criteria might be indirectly important, to the extent that human welfare involves them. But even then, such demands as human rights would only be elements in the calculation of overall welfare, not uncrossable barriers to action. This article discusses utilitarian ethical theory. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... This article or section does not cite any references or sources. ... A need is the psychological feature that arouses an organism to action toward a goal and the reason for the action, giving purpose and direction to behavior. ...


Theories of retributive justice

Theories of retributive justice are concerned with punishment for wrongdoing, and need to answer three questions: Look up Punishment in Wiktionary, the free dictionary. ...

  1. why punish?
  2. who should be punished?
  3. what punishment should they receive?

This section considers the two major accounts of retributive justice, and their answers to these questions. Utilitarian theories look forward to the future consequences of punishment, while retributive theories look back to particular acts of wrongdoing, and attempt to balance them with deserved punishment.


Utilitarianism

According to the utilitarian, as already noted, justice requires the maximization of the total or average welfare across all relevant individuals. Punishment is bad treatment of someone, and therefore can’t be good in itself, for the utilitarian. But punishment might be a necessary sacrifice which maximizes the overall good in the long term, in one or more of three ways:

  1. Deterrence. The credible threat of punishment might lead people to make different choices; well-designed threats might lead people to make choices which maximize welfare.
  2. Rehabilitation. Punishment might make bad people into better ones. For the utilitarian, all that ‘bad person’ can mean is ‘person who’s likely to cause bad things (like suffering) ’. So, utilitarianism could recommend punishment which changes someone such that he or she is less likely to cause bad things.
  3. Security. Perhaps there are people who are irredeemable causers of bad things. If so, imprisoning them might maximize welfare by limiting their opportunities to cause harm.

So, the reason for punishment is the maximization of welfare, and punishment should be of whomever, and of whatever form and severity, are needed to meet that goal. Worryingly, this may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall (perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance). It also suggests that punishment might turn out never to be right, depending on the facts about what actual consequences it has.[9] Deterrence is a theory of justice whereby the aim of punishment is to prevent or deter future mischief. ... For other uses, see Coercion (disambiguation). ... This theory of punishment is based on the notion that punishment is to be inflicted on a offender so as to reform him, or rehabilitate him so as to make his re-integration into society easier. ... For other uses, see Security (disambiguation). ... This article is about the institution. ... For the band Shoplifting see Shoplifting (band). ...


Retributivism

Main article: Retributive justice

The retributivist will think the utilitarian's argument disastrously mistaken. If someone does something wrong, we must respond to it, and to him or her, as an individual, not as a part of a calculation of overall welfare. To do otherwise is to disrespect him or her as an individual human being. If the crime had victims, it is to disrespect them, too. Wrongdoing must be balanced or made good in some way, and so the criminal deserves to be punished. Retributivism emphasizes retribution – payback – rather than maximization of welfare. Like the theory of distributive justice as giving everyone what he or she deserves (see above), it links justice with desert. It says that all guilty people, and only guilty people, deserve appropriate punishment. This matches some strong intuitions about just punishment: that it should be proportional to the crime, and that it should be of only and all of the guilty. However, it is sometimes argued that retributivism is merely revenge in disguise.[10] Retributive justice maintains that proportionate punishment is a morally acceptable response to crime, regardless of whether the punishment causes any tangible benefits. ... As commonly used, individual refers to a person or to any specific object in a collection. ... Intuition is an unconscious form of knowledge. ... For other uses, see Revenge (disambiguation). ...

Further information: Deontological ethics

Deontological ethics or deontology (Greek: δέον (deon) meaning obligation or duty) is an approach to ethics that focuses on the rightness or wrongness of actions themselves, as opposed to the rightness or wrongness of the consequences of those actions. ...

Institutions

The Justices of the United States Supreme Court with President George W. Bush, October 2005
The Justices of the United States Supreme Court with President George W. Bush, October 2005
Main article: Law

In an imperfect world, institutions are required to instantiate ideals of justice, however imperfectly. These institutions may be justified by their approximate instantiation of justice, or they may be deeply unjust when compared with ideal standards — consider the institution of slavery. Justice is an ideal which the world fails to live up to, sometimes despite good intentions, sometimes disastrously. The question of institutive justice raises issues of legitimacy, procedure, codification and interpretation, which are considered by legal theorists and by philosophers of law. Image File history File linksMetadata Supreme_Court_October_2005. ... Image File history File linksMetadata Supreme_Court_October_2005. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ... For other uses, see Law (disambiguation). ... Slave redirects here. ... The word legitimacy is often interpreted in a normative or a positive way. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ... Interpretation, or interpreting, is an activity that consists of establishing, either simultaneously or consecutively, oral or gestural communications between two or more speakers who are not speaking (or signing) the same language. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ...


Another definition of justice is an independent investigation of truth. In a court room, lawyers, the judge and the jury are supposed to be independently investigating the truth of an alleged crime. In physics, a group of physicists examine data and theoretical concepts to consult on what might be the truth or reality of a phenomenon.


See also

Wikiquote has a collection of quotations related to:

Image File history File links This is a lossless scalable vector image. ... Wikiquote is one of a family of wiki-based projects run by the Wikimedia Foundation, running on MediaWiki software. ... United States criminal justice system flowchart. ... For other uses, see Ethics (disambiguation). ... Global justice is a concept in political philosophy denoting justice between societies or between individuals in different societies, as opposed to within a specific society. ... Just War theory is a doctrine of military ethics studied by moral theologians, ethicists and international policy makers which holds that a conflict can and ought to meet the criteria of philosophical, religious or political justice, provided it follows certain conditions. ... Just in many usages, including economic ones, may express ethical acceptance of some possible social state(s) against which other possible social states are measured. ... Morality (from the Latin manner, character, proper behavior) has three principal meanings. ... Social justice refers to the concept of an unjust society that refers to more than just the administration of laws. ... Teaching for social justice is an educational philosophy that proponents argue provides justice and equity for all learners in all educational settings. ... Distributive justice - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Restorative justice is commonly known as a theory of criminal justice that focuses on crime as an act against another individual or community rather than the state. ... Retributive justice maintains that proportionate punishment is a morally acceptable response to crime, regardless of whether the punishment causes any tangible benefits. ...

References

  1. ^ Exodus 21.xxiii-xxv.
  2. ^ Barry, Brian (1989). Theories of Justice. Berkeley: University of California Press, xiii. 
  3. ^ John Rawls, A Theory of Justice (revised edn, Oxford: OUP, 1999), p. 3
  4. ^ Nature 425, 297-299 (18 September 2003)
  5. ^ Plato, Republic trans. Robin Waterfield (Oxford: OUP, 1984).
  6. ^ John Stuart Mill, Utilitarianism in On Liberty and Other Essays ed. John Gray (Oxford: OUP, 1991), Chapter 5.
  7. ^ Karl Marx, ‘Critique of the Gotha Program’ in Karl Marx: Selected writings ed. David McLellan (Oxford: OUP, 1977): 564-70, p. 569.
  8. ^ John Rawls, A Theory of Justice (revised edition, Oxford: OUP, 1999), p. 266.
  9. ^ C. L. Ten, ‘Crime and Punishment’ in Peter Singer ed., A Companion to Ethics (Oxford: Blackwell, 1993): 366-72.
  10. ^ Ted Honderich, Punishment: The supposed justifications (London: Hutchinson & Co., 1969), Chapter 1.

This article is about the second book in the Torah. ...

Bibliography and further reading

  • Barzilai Gad, Communities and Law: Politics and Cultures of Legal Identities (Ann Arbor: University of Michigan Press, 2003).
  • Brian Barry, Theories of Justice (Berkeley: University of California Press, 1989).
  • Harry Brighouse, Justice (Cambridge: Polity Press, 2004).
  • Anthony Duff & David Garland eds, A Reader on Punishment (Oxford: OUP, 1994).
  • Colin Farrelly, An Introduction to Contemporary Political Theory (London: Sage, 2004).
  • David Gauthier, Morals By Agreement (Oxford: Clarendon Press, 1986).
  • Robert E. Goodin & Philip Pettit eds, Contemporary Political Philosophy: An anthology (2nd edition, Malden Mass.: Blackwell, 2006), Part III.
  • Ted Honderich, Punishment: The supposed justifications (London: Hutchinson & Co., 1969).
  • Will Kymlicka, Contemporary Political Philosophy: An introduction (2nd edition, Oxford: OUP, 2002).
  • Nicola Lacey, State Punishment (London: Routledge, 1988).
  • John Stuart Mill, Utilitarianism in On Liberty and Other Essays ed. John Gray (Oxford: OUP, 1991).
  • Robert Nozick, Anarchy, State, and Utopia (Oxford: Blackwell, 1974).
  • Plato, Republic trans. Robin Waterfield (Oxford: OUP, 1994).
  • John Rawls, A Theory of Justice (revised edition, Oxford: OUP, 1999).
  • David Schmidtz, Elements of Justice (New York: CUP, 2006).
  • Peter Singer ed., A Companion to Ethics (Oxford: Blackwell, 1993), Part IV.
  • C.L. Ten, Crime, Guilt, and Punishment: A philosophical introduction (Oxford: Clarendon Press, 1987).

External links

  • Stanford Encyclopedia of Philosophy entries:
    • Distributive justice, by Julian Lamont.
    • Justice as a virtue, by Michael Slote.
    • Punishment, by Hugo Adam Bedau.
  • Video:Balkan Justice
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Some of the questions relating to the philosophy of music are: What, exactly is music (what are the necessary and sufficient conditions for it)? What is the relationship between music and emotion? Peter Kivy, Professor of Philosophy at Rutgers University, in particular, sets out to argue how music, which is... Metaphilosophy (from Greek meta + philosophy) is the study of the subject and matter, methods and aims of philosophy. ... Philosophy of physics is the study of the fundamental, philosophical questions underlying modern physics, the study of matter and energy and how they interact. ... The Politics series Politics Portal This box:      Political philosophy is the study of fundamental questions about the state, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why (or even if) they are needed, what makes a government legitimate, what... 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Analytic philosophy (sometimes, analytical philosophy) is a generic term for a style of philosophy that came to dominate English-speaking countries in the 20th century. ... Aristotelianism is a tradition of philosophy that takes its defining inspiration from the work of Aristotle. ... This article does not cite any references or sources. ... Averroism is the term applied to either of two philosophical trends among scholastics in the late 13th century, the first of which was based on the Arab philosopher Averroës or Ibn Rushd interpretations of Aristotle and the resolution of various conflicts between the writings of Aristotle and the Muslim... Continental philosophy is a term used in philosophy to designate one of two major traditions of modern Western philosophy. ... Critical theory, in sociology and philosophy, is shorthand for critical theory of society or critical social theory, a label used by the Frankfurt School, i. ... This page is about the school of philosophy. ... Deconstruction is a term in contemporary philosophy, literary criticism, and the social sciences, denoting a process by which the texts and languages of Western philosophy (in particular) appear to shift and complicate in meaning when read in light of the assumptions and absences they reveal within themselves. ... For other uses, see Ceremonial Deism. ... Deontological ethics or deontology (Greek: δέον (deon) meaning obligation or duty) is an approach to ethics that focuses on the rightness or wrongness of actions themselves, as opposed to the rightness or wrongness of the consequences of those actions. ... According to many followers of the theories of Karl Marx (or Marxists), dialectical materialism is the philosophical basis of Marxism. ... For other uses, see Dualism (disambiguation). ... 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Post-structuralism is a body of work that followed in the wake of structuralism, and sought to understand the Western world as a network of structures, as in structuralism, but in which such structures are ordered primarily by local, shifting differences (as in deconstruction) rather than grand binary oppositions and... Pragmatism is a philosophic school that originated in the late nineteenth century with Charles Sanders Peirce, who first stated the pragmatic maxim. ... The Pre-Socratic philosophers were active before Socrates or contemporaneously, but expounding knowledge developed earlier. ... Philosophical quietists want to release us from the deep perplexity that philosophical contemplation often causes. ... In epistemology and in its broadest sense, rationalism is any view appealing to reason as a source of knowledge or justification (Lacey 286). ... Contemporary philosophical realism, also referred to as metaphysical realism, is the belief in a reality that is completely ontologically independent of our conceptual schemes, linguistic practices, beliefs, etc. ... For the physics theory with a similar name, see Theory of Relativity. ... Scholasticism comes from the Latin word scholasticus, which means that [which] belongs to the school, and is the school of philosophy taught by the academics (or schoolmen) of medieval universities circa 1100–1500. ... Philosophical scepticism (UK spelling, scepticism) is both a philosophical school of thought and a method that crosses disciplines and cultures. ... Stoicism is a school of Hellenistic philosophy, founded by Zeno of Citium in Athens in the early third century BC. It proved to be a popular and durable philosophy, with a following throughout Greece and the Roman Empire from its founding until all the schools of philosophy were ordered closed... Structuralism as a term refers to various theories across the humanities, social sciences and economics many of which share the assumption that structural relationships between concepts vary between different cultures/languages and that these relationships can be usefully exposed and explored. ... حكمت متعاليه Transcendent theosophy or al-hikmat al-muta’liyah, the doctrine and philosophy that has been developed and perfected by Persian Philosopher Mulla Sadra, is one of tow main disciplines of Islamic Philosophy which is very live & active even today. ... This article discusses utilitarian ethical theory. ... This article or section does not cite its references or sources. ...

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