Unit 3: Justice and Rights

The moral and legal foundations of a balanced social order.

1. Concept of Justice: Ancient and Modern
2. John Rawls: A Theory of Justice
3. Nature and Theories of Rights
4. Classification of Rights
5. Exam Focus: Critical Review

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:

Historical Theory: Rights are the result of long-standing customs and traditions.

Social Welfare Theory: Rights are recognized because they contribute to the common good of society.

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.

4. Classification of Rights

Rights are traditionally categorized into three "generations":

Civil and Political Rights: Rights to life, speech, voting, and fair trial (Negative Rights).
Economic and Social Rights: Rights to work, education, and healthcare (Positive Rights).
Group/Solidarity Rights: Rights to a clean environment, peace, and self-determination.

Exam Essentials

Rawls' Theory: This is a guaranteed 15-mark question. Practice explaining the Veil of Ignorance and why people would choose the Difference Principle.
Locke on Rights: Remember his trio: Life, Liberty, and Property.
Laski’s Quote: "Every State is known by the rights that it maintains." This is great for intros or conclusions in essays.
Critique of Rawls: Mention Robert Nozick, who argued that Rawls' theory violates individual property rights.