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Topic: Justice as Fairness

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A Theory of Justice

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John Rawls

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David Hume

Ethics

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	Justice and Fairness
		Justice means giving each person what he or she deserves, or, in more traditional terms, giving each person his or her due.
		Social justice or distributive justice 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.
		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.
	www.scu.edu /ethics/publications/iie/v3n2 (1455 words)

	20th WCP: Rawls' Concept Of Justice As Political: A Defense Against Critics (Site not responding. Last check: 2007-11-04)
		Justice as fairness is thus a hypothesis that principles chosen in an original position are identical with those that match our considered judgments and so these principles describe our sense of justice.
		It is thus understandable that he prefers not to consider the question of whether justice as fairness is applicable to other societies and that what is more essential is that we be able to establish what is possible as a minimal consensus within our own history and traditions of public life.
		But if Rawls' theory of justice is not directed to the question of universality as an antecedent moral order that could be a basis of a cross cultural commonality, his concept of justice is not, for that reason, lacking a reasonable concept of objectivity.
	www.bu.edu /wcp/Papers/Poli/PoliHoy.htm (1371 words)

	Rawls on Justice as Fairness (Site not responding. Last check: 2007-11-04)
		Justice is thought of as a pact between rational egoists the stability of which is dependent on a balance of power and a similarity of circumstance.
		Justice is the virtue of practices where there are assumed to be competing interests and conflicting claims, and where it is supposed that persons will press their rights on each other.
		The justice of practices does not come up until there are several different parties (whether we think of these as individuals, associations, or nations and so on, is irrelevant) who do press their claims on one another, and who do regard themselves as representatives of interests, which deserve to be considered.
	www.hist-analytic.org /Rawlsfair.htm (9933 words)

	Justice as Fairness - Wikipedia, the free encyclopedia
		Justice as Fairness is the phrase used by the philosopher John Rawls to refer to his distinctive theory of justice.
		Justice as Fairness consists of two principles: that all have the greatest degree of liberty compatible with like liberty for all, and that social and economic inequalities be attached to positions open to all under fair equality of opportunity and to the greatest benefit of the least well-off members of society.
		Justice as Fairness is developed by Rawls in his now classic book, A Theory of Justice.
	en.wikipedia.org /wiki/Justice_as_Fairness (170 words)

	Why Justice
		Justice, then, is what we are committed to trying to achieve in our institutions of power, just as truth is what we are committed to when we communicate with each other.
		And fairness means two things: some degree of parity or equity in the distribution of social goods, including wealth; and having an equal share in the decision making about how we are governed.
		It means that justice has to be understood as social equality and democratic decision-making, because it is only this understanding of justice that can, in the last analysis, be accepted by everyone.
	www.lclark.edu /~clayton/commentaries/justice.html (1350 words)

	Rawls, John [Internet Encyclopedia of Philosophy] (Site not responding. Last check: 2007-11-04)
		A crucial idea of Justice as Fairness is that fundamental principles of justice must be respected for the rules of social cooperation to be fair, and that when they are, we should allow the free operation of the market largely to determine people’s legitimate expectations.
		He further argues that Justice as Fairness supports the kind of tightly-knit community he calls “a social union of social unions,” marked by the shared purpose or “common aim of cooperating together to realize their own and another’s nature in ways allowed by the principles of justice.” TJ at 462.
		But his argument for the comparative stability and the congruence of Justice as Fairness, imagines a well-ordered society in which everyone is brought up in ways deeply informed by the adherence by all adults to the same principles of justice.
	www.iep.utm.edu /r/rawls.htm (10100 words)

	Fairness, Administrative Justice and Human Rights
		Fairness ultimately is founded on respect for humanity, on mutual respect, on democratic impulses and on profound senses of social responsibility.
		Section 7 of the Charter is often seen as the clearest expression of fairness and indeed is the focus of administrative law jurisprudence in the constitutional arena.
		Failure to achieve fairness in process and substance is not something which should be taken lightly and should attract condemnation whether it be for what seem like “little injustices” or great evils.
	www3.telus.net /GovtEthicsLaw/FairnessandHumRtsDiscussion.htm (1333 words)

	Justice
		Justice is fairness, proper conduct, the exercise of authority in the maintenance of right.
		A presumption of justice is a presumption of the balance, the fairness of life.
		Justice becomes a crutch of the fundamentalist who is attempting to impose their moral value on others.
	www.halexandria.org /dward243.htm (1249 words)

	Justice and Fairness
		Justice and fairness are closely related terms that are often today used interchangeably.
		Distributive justice 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.
		Nevertheless, justice is an expression of our mutual recognition of each other's basic dignity, and an acknowledgement that if we are to live together in an interdependent community we must treat each other as equals.
	www.scu.edu /ethics/practicing/decision/justice.html (1553 words)

	Amazon.ca: Justice as Fairness : A Restatement: Books: John Rawls,Erin Kelly (Site not responding. Last check: 2007-11-04)
		The reasons for this are many, the most notable being that Justice as Fairness is a restatement of a theory presented in an earlier work.
		Whether he succeeds in fully rebutting their objections is certainly up for debate, but Justice as Fairness should be essential reading for anybody interested in the philosophical underpinnings of a liberal, property-owning democracy.
		Justice as Fairness is an attempt to summarize his views at the end of his remarkably productive career.
	www.amazon.ca /Justice-Fairness-Restatement-John-Rawls/dp/0674005112 (2017 words)

	Backup of Organizational Justice Perceptions
		The element of procedural fairness that was violated was the consistency of the hiring procedures used (i.e., she bent the rules for her relative).
		Although distributive justice perceptions are merely the perceptions of whether the outcome was fair or not, it has been argued that people use one or more of these rules to decide whether an allocation decision was fair.
		The distributive justice rules mentioned here have been argued to be used in different types of situations, but there is scant research about when employees use one rule instead of another to evaluate a decision in an organization.
	www.csudh.edu /dearhabermas/justicetypes01.htm (4047 words)

	A Theory of Justice - Wikipedia, the free encyclopedia
		The resultant theory is known as "Justice as Fairness", from which Rawls derives his two famous principles of justice: the liberty principle and the difference principle.
		Specifically, Rawls develops what he claims are principles of justice through the use of an entirely and deliberately artificial device he calls the Original position, in which everyone decides principles of justice from behind a veil of ignorance.
		'Fair equality of opportunity' requires not merely that offices and positions are distributed on the basis of merit, but that all have reasonable opportunity to acquire the skills on the basis of which merit is assessed.
	en.wikipedia.org /wiki/A_Theory_of_Justice (1388 words)

	Selwyn R. Cudjoe - Justice and fairness
		Constitutively, Persad and his crew are incapable of addressing issues of fairness and justice; virtues that are absent in their mental landscapes.
		They do not understand that justice is related intimately to fairness and “the rule of law is obviously closely related to liberty”, claims that John Rawls makes in A Theory of Justice, a work that has been translated into 23 languages.
		Thus, it is that “among individuals with disparate aims and purposes a shared conception of justice establishes the bonds of civic friendship...One may think of a public conception of justice as constituting the fundamental charter of a well-ordered human association”.
	www.trinicenter.com /Cudjoe/fairness.htm (852 words)

	Justice, not Fairness (Site not responding. Last check: 2007-11-04)
		Justice is equal punishment for equal crime, without regard for who is committing the crime.
		This certainly does not serve fairness, and strains justice by taking away the one part of justice that had anything to do with fairness.
		Increasingly our justice system is becoming a mechanism to show that the government cares about us, and is trying to make things fair.
	www.seed-solutions.com /gregordy/Politics/Essays/JusticeFairness.htm (487 words)

	Justice as Fairness
		One can try to deal with this question by viewing political society in a certain way, namely, as a fair system of cooperation over time from one generation to the next, where those engaged in cooperation are viewed as free and equal citizens and normal cooperating members of society over a complete life.
		We then try to formulate principles of political justice such that if the basic structure of society—the main political and social institutions and the way they fit together as one scheme of cooperation—satisfies those principles, then we can say without pretense and fakery that citizens are indeed free and equal.
		As I said above, one practicable aim of justice as fairness is to provide an acceptable philosophical and moral basis for democratic institutions and thus to address the question of how the claims of liberty and equality are to be understood.
	partners.nytimes.com /books/first/r/24rawls.html (1512 words)

	Original Position (Stanford Encyclopedia of Philosophy)
		Their choice is not of an objectively correct conception of justice; it is, rather, of that conception which is best fit to play a certain kind of social role in the community whose members are represented in the original position.
		Because this point of view is the appropriate one for determining principles of justice, on account of its reflecting the community's existing concept of justice--on account of its reflecting their overlapping consensus of views about justice.
		The intuitive idea of justice as fairness is to think of the first principles of justice as themselves the object of an original agreement in a suitably defined initial situation.
	plato.stanford.edu /entries/original-position (3620 words)

	The Values Divide :: Justice as Fairness
		One of the theories of right and wrong that you tend to use- justice as fairness- involves a rigorous adherence to fairness and impartiality.
		There are some complex considerations for what makes something fair, but they resemble the idea that you would only want to treat others in a way such that you would not be able to know who would benefit or suffer from your decision, you or the other person involved.
		Justice as Fairness is an objective and cold way of approaching a moral decision.
	www.thevaluesdivide.com /blog/_WebPages/JusticeasFairness.html (713 words)

	John Rawls: “Justice as Fairness”
		I shall focus attention, then, on the usual sense of justice in which it is essentially the elimination of arbitrary distinctions and the establishment, within the structure of a practice, of a proper balance between competing claims.
		One has a duty to obey the laws of just (fair) institutions simply because they are fair, whether one has agreed to them or not.
		The conception of justice as fairness, when applied to the practice of slavery with its offices of slaveholder and slave, would not allow one to consider the advantages of the slaveholder in the first place.
	spruce.flint.umich.edu /~simoncu/380/rawls.htm (596 words)

	Harvard University Press: Justice as Fairness : A Restatement by John Rawls
		In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993).
		As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings.
		Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness.
	www.hup.harvard.edu /catalog/RAWJUS.html (219 words)

	Message Forum: Re: justice vs fairness
		Socrates, the wisest man in all of Athens (according to the god Apollo, anyhow, and 'e don't lie), does not know what justice is. All of Socrates' interlocutors, whether as initially brash as Euthyphro or as smooth as Gorgias, untimately fail to define it (or whatever component of areté is currently being explored).
		> Fairness has a similar problem - it's difficult to define what "fair" is. However, I have trouble accepting that, unlike justice, there is a universal standard of "fairness." Fairness appears to be a more subjective quality, and I suppose one could pick that out as a difference, though not "the" difference.
		According to Justice Valjean should go back to jail for breaking parol, since that is what happens to anyone who breaks parol, no mater the extenuating circumstances.
	www.rinkworks.com /rinkforum/view.cgi?post=30329 (501 words)

	Rawls’s "A Theory of Justice"
		In particular, he intends his conception of justice as fairness as a means to identify those principles that govern “the basic structure” of a modern constitutional democracy.
		In consequence, Rawls believes that the public conception of justice ought not depend on controversial doctrines: “the idea is that in a constitutional democracy the public conception of justice should be, so far as possible, independent of controversial philosophical and religious doctrines” (306).
		The public conception of justice that applies in a constitutional democracy is, on Rawls’s view, political in the sense that it is a function of what people would agree to: it seeks “to achieve a practicable conception of objectivity and justification founded on public agreement in judgment on due reflection” (311).
	home.myuw.net /himma/phil410/lect12.htm (990 words)

	Ever since the publication of A Theory of Justice, John Rawls has been modifying his conception of justice as fairness. ...
		This meant that the well-ordered society of justice as fairness was an unrealistic ideal for a democratic society.
		For in showing that justice as fairness is the most compatible conception, Rawls has shown that it is also a 'freestanding view,' one that is independent of any comprehensive moral theory or doctrine.
		In addition to the changes in the process of justifying justice as fairness, there are some significant changes in Rawls's views of the two principles of justice.
	caae.phil.cmu.edu /Cavalier/Forum/meta/background/Rawls_pl.html (1722 words)

	Fairness - Justice - Lesson Plans - Character Counts - Character Education
		As a stunning example of individual effectiveness, we see the inspiring story of a teenage boy whose action in response to injustice launched a worldwide campaign to bring an end to exploitative child labor.
		Mike said that to make a fair decision you have to consider the stakeholders - all the people affected directly or indirectly by your decision.
		Bring in articles from newspapers and magazines describing situations in which fairness and justice is an issue.
	www.goodcharacter.com /ISOC/Fairness.html (1256 words)

	The Campaign for Economic Justice seeks fairness for family farmers
		In an essay he wrote on the subject of economic justice in May of this year, Francis stated: "Any business, in order to survive and prosper, must have the ability to equalize the return-to-equity and the cost of borrowed capital required to produce that return.
		This vision of economic justice is being espoused by CAC at a time when the fate of the small- to medium-size family owned and operated farm hangs in the balance.
		CAC is trying to get the state of Indiana to respond to the economic, social and environmental justice goals established by the National Commission on Family Farms, and to the economic justice vision of CAC leaders such as Bradley, by working to educate the public and to raise these issues with governmental leaders.
	www.citact.org /farmjustice.html (1428 words)

	Fact Sheet: Ensuring Justice and Fairness for All Americans
		An important part of the American character is our system of justice, and we have a solemn obligation to make sure that cases involving the death penalty have been handled in full accordance with all the guarantees of our Constitution.
		The President is committed to ensuring justice and fairness in America's legal system by providing full funding for the use of DNA evidence to solve crime and prevent wrongful convictions, and additional training for defense counsel to help ensure people on trial for their lives have competent attorneys at their side.
		More training is needed for professionals in the criminal justice system to ensure the optimal use of DNA evidence to solve crimes and assist victims.
	www.whitehouse.gov /news/releases/2005/02/20050203-10.html (494 words)

	Defining the difference between utilitarian principles and justice as fairness
		Justice as fairness does two very critical things, and only by thinking through the application a little did I come to see this clearly.
		And fairness to one person is equal to fairness to the rest of society.
		This all makes the principle of justice as fairness very difficult, and almost certain to be ignored by politicians, and I hope you can see why I think so, the principle is likely to offend many existing politicians, especially those with high handed views of how we should all live.
	www.grlphilosophy.co.nz /uvf.htm (1137 words)

	Commentary on This Week's News > Saddam Hussein, Justice and Fairness (Site not responding. Last check: 2007-11-04)
		United Church of God pastor, Sedro-Woolley, WA "That's not fair!" We become sensitive from an early age to issues of fairness.
		Parents often reply, "Life just isn't fair." At the same time parents may teach their children to be as fair as possible.
		I recommend two booklets that will greatly expand you understanding of this complex issue of justice and fairness from a biblical perspective.
	www.ucg.org /commentary/justice.htm (823 words)

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