Module 9 - Justice as Fairness PDF

Preview

Summary

MODULE 9JUSTICE AS FAIRNESSLearning OutcomesAt the end of this module, you should be able to: Explain how justice as fairness is possible. Identify the different causes why justice does not prevail in our society. Formulate reasons why a certain act is unjust in a given case or situation. Introducti...

Description

MODULE 9 JUSTICE AS FAIRNESS Learning Outcomes

At the end of this module, you should be able to:

1. Explain how justice as fairness is possible. 2. Identify the different causes why justice does not prevail in our society. 3. Formulate reasons why a certain act is unjust in a given case or situation. Introduction This Module explores John Rawls’ political and ethical theory on how justice could be possible in a society where social injustice prevails. His theory seeks to develop a credible alternative to the existing ethical principles that sacrifice the value of the human person for the good of the few. As an ethical principle, justice is to be briefly discussed on how it is possible and why justice is commonly overturned. Specific social problems resulting from injustice will be presented as starting points to emphasize how justice when applied can make our social lives better and humane. With the students’ openness and critical analysis of the related cases, they are expected to understand and appreciate a social life governed by fairness. Lesson Justice as Fairness Rawls contends that “fairness arises when free persons, who have no authority over one another, are engaged in joint activity and among themselves settling or acknowledging the rules which define it and which determine the respective shares in its benefits and burdens.” In our society, every member has to share in the burdens and benefits of social living through social service or payment of taxes, just as we all enjoy the peace and order in our country. The injustice arises when others are favored at the expense of others. Justice has to begin with the basic structure of society, that is the constitution or the laws. The social institutions like the school, labor, and employment, the Church, social opportunities need to be fair. It means that one person or organization is not given priority and benefits for reasons that they do not deserve. For example, is

race or color. It is unfair to discriminate against others because they are black or brown. In a just society, favors are given to everyone regardless of their race, gender, religion, class of origin, natural talents, personal beliefs, and so on. The Original Position We notice that poverty or social injustice persists in society today despite the presence of laws that govern our relationships, acquisition of properties, social opportunities, etc... The reason for this is that those who authored the laws were influenced by their personal interests. Instead of taking into priority the good of all or the majority, they made laws that will protect and favor their businesses or social power. For example, the distribution of lands remains a problem in our country because most of our lawmakers are landlords. To solve this problem, Rawls came up with a mechanism or procedure known as the original position where the authors of the laws must subject themselves to a veil of ignorance. Under the veil, the lawmakers must forget their social status, gender, religious beliefs, and place in society, political affiliations, and others. The veil of ignorance removes from their mind the attributes that lead them to a biased choice. It is noticeable that through the veil of ignorance, the lawmakers become equal to each other and that no one among them dictates over the others. The restriction of the parties is emphasized so that they would choose the principles or write laws that apply to all the members of society. It is through this method that the whole outcome is derived and primarily judged as just. Rawls himself assured that if the process of the method is just, then the result is likewise just. The Principles of Justice1

First principle: “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

Second principle: “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”.3

Rawls’ principles of justice are certainly just because they do not favor certain groups, organizations, social sectors, etc. In our country today, the presence of the rich is conditional, that is they should be of help to the poor, the laborers, through just compensation and other benefits so that they will be able to prosper in their mode of living. The rich who keep on enriching themselves, those who are in power who strive to be more powerful at the expense of others have no place in John Rawls’ theory of justice. _______________________

1

Rawls, John. 1999. A Theory of Justice. Revised ed. Cambridge, Massachusetts:

Harvard University Press, 47 2

Ibid. 266.

3

Ibid.

Summary:

Rawls’ main aim in his theory of justice is to create a principle that every member of society can accept. As a human person with the gift of reason, each one has the intellectual ability to judge something as just or unjust. We have our sense of justice. It is then candidly honest to admit, that deep within each person, a law that treats everyone as equal is both reasonable and acceptable. The citizens in effect will be motivated to live according to the laws that they have accepted for the reason that it is fair. They will have the conviction that, under it, their life as a whole will be better and peaceful. They will be happy because they will be able to pursue the kind of life that they think is good for them. On the contrary, in the unjust society, we observe that others complain because laws are imposed upon them for the advantage of others or for the interest of those who authored. Under Rawls’ society, we hope to have laws or policies that you and I, all of us, can favorably accept and happily live life under it....