Lesson 10: Justice and Fairness: Promoting The Common Good
Lesson 10: Justice and Fairness: Promoting The Common Good
JUSTICE AND
FAIRNESS:
PROMOTING THE
COMMON GOOD
WHAT IS JUSTICE?
Justice means giving each person what he or she deserves or, in more
traditional terms, giving each person his or her due. Justice usually has
been used with reference to a standard of rightness.
The most fundamental principle of justice that has been widely accepted
since it was first defined by Aristotle (2000 years ago). Aristotle stated
that "equals should be treated equally and unequally."
It means that "Individuals should be treated the same, unless they differ
in ways that are relevant to the situation in which they are involved."
Different
Kinds of
Justice
Retributive
Justice
Compensatory
Justice
Distributive
Justice
Retributive or
Corrective Justice
Retributive justice refers to the extent to which
punishments are fair and just. In general, punishments are
held to be just to the extent that they take into account to
relevant criteria such as the seriousness of the crime and
the intent of the criminal, and discount irrelevant criteria
such as race. It would be barbarously unjust,
For example, to chop off a person's hand for stealing a
dime, or to impose the death penalty on a person who by
accident and without negligence injured another party.
Studies have frequently shown that when blacks murder
whites, they are much more likely to receive death
sentences than when whites murder whites or blacks murder
blacks. These studies suggest that injustice still exists in the
criminal justice system in the United States.
Compensatory
Justice
Compensatory justice refers to the extent to which
people are fairly compensated for their injuries by
those who have injured them; just compensation is
proportional to the loss inflicted on a person. This is
precisely the kind of justice that is at stake in debates
over damage to workers' health in coal mines. Some
argue that mine owners should compensate the
workers whose health has been ruined. Others argue
that workers voluntarily took on this risk when they
chose employment in the mines.
Distributive
Justice
It refers to the extent to which society's institutions
ensure that benefits and burdens are distributed
among society's members in ways that are fair and
just. When the institutions of a society distribute
benefits or burdens in unjust ways, there is a strong
presumption that those institutions should be changed.
For example, the American institution of slavery in the
pre-civil war South was condemned as unjust because
it was a glaring case of treating people differently
based on race.
Examples of Justice
Coming from
Different
Perspectives:
Before hiring a person to fill a vacancy in a governmental
agency, the agency must advertise the availability of the position
and provide all applicants the opportunity to take a written
examination and to have an interview
During the Middle Ages, people were sometimes forced to
confess to crimes by the use of torture.
If you are accused of a crime, the government has the obligation
to provide a lawyer to assist you at public expense if you cannot
afford one.
What is
Fairness?
Fairness is concerned with actions, processes, and
consequences, that are morally right honorable, and
equitable. In essence, the virtue of fairness establishes
moral standards for decisions that affect others. Fair
decisions are made in an appropriate manner based on
appropriate criteria.
It is the impartial and just treatment or behavior without
favoritism or discrimination. Fairness has also been used
to refer to the ability to make judgments that are not
overly general but that are concrete and specific to a
particular case. Fairness can be interpreted as being
equal in provision, in opportunity or in result.
Examples of Fairness coming
from different Perspectives:
1. Most of us think it is fair and just when a parent gives his own
children more attention and care in his private affairs than he
gives the children of others.
2. In the eyes of the majority it is fair when the person who is first in
a line at a theater is given first choice of theater tickets.
3. We think it is just when the government gives benefits to the
needy that it does not provide to more affluent citizens.
Examples of Fairness coming
from different Perspectives:
4. We think it is just when some who have done wrong are given
punishments that are not meted out to others who have done
nothing wrong.
5. We think it is fair when those who exert more efforts or who
make a greater contribution to a project receive more benefits
from the project than others.
Principles of
Fairness
Fairness requires that we:
Treat all people equitably based on their merits and abilities and handle
all essentially similar situations similarly and with consistency.
Never blame or punish people for what they did not do, and
appropriately sanction those who violate moral obligations or laws.
Principles of
Fairness
Fairness requires that we:
Promptly and voluntarily correct personal and institutional mistakes and
improprieties.
What is a state?
State – it is the means of rule over a defined or “sovereign” territory. It is
comprised of an executive, a bureaucracy, courts and other institutions. It is
more than just a government because government changes while state
doesn’t. A state operates a military and police force as well as charges and
imposes taxes.
THE STATES AND CITIZENS
Responsibility of the
State
One of the responsibilities of the government is to collect taxes to pay for the
goods and services. Most state and local government revenues come from
sales taxes, grants from the federal government, personal income taxes and
property taxes. Understanding the role of citizens as taxpayers and the role of
government in providing goods and services to the public can help prepare
people to be fully engaged citizens.
THE STATES AND CITIZENS
What is a citizen?
Citizen – a person who is entitled to enjoy all the legal rights and
privileges granted by a state to the people comprising its
constituency and is obliged to obey its laws and to fulfill his or duties
as called upon.
THE STATES AND CITIZENS
Duties of a Citizen