Unit 3: Justice and Rights
The moral and legal foundations of a balanced social order.
Table of Contents
1. The Concept of Justice
The term 'Justice' is derived from the Latin word Jus, meaning a bond or a tie. It refers to the proper arrangement of things and persons within a society.
- Ancient View (Plato): Justice is a virtue where every part of the soul and every class in society performs its own function without interfering with others.
- Distributive Justice: Concerned with the fair distribution of wealth, honors, and resources.
- Procedural Justice: Concerned with the fairness of the processes and rules (the "rules of the game").
- Social Justice: The idea of creating a society based on the principles of equality and solidarity.
2. John Rawls: Justice as Fairness
Rawls is the most important modern theorist of justice. He proposed a thought experiment to find the fairest principles for society.
A. The Original Position & Veil of Ignorance
Imagine you are behind a "Veil of Ignorance." You don't know your race, gender, wealth, or talents in the future society. Rawls argues that in this state, you would choose principles that protect the least advantaged, just in case you end up as one of them.
B. The Two Principles
- The Equal Liberty Principle: Each person has an equal right to the most extensive basic liberties.
- The Difference Principle: Social and economic inequalities are allowed only if they benefit the worst-off members of society.
3. Nature and Theories of Rights
Rights are "those conditions of social life without which no man can seek, in general, to be himself at his best" (Harold Laski).
Theories of Rights:
| Theory | Core Idea |
|---|---|
| Natural Rights | Rights are given by God or Nature (Life, Liberty, Property). Proponent: John Locke. |
| Legal Rights | Rights are purely creations of the State and the Law. No law, no rights. |