Ethics of Social Justice Letter

Chapter 16: A Sense of
Justice
A Sense of Justice
? A Theory of Justice (John Rawls, 1973)
? Discussed concept of justice
? Aimed to work out theory of justice that
represents alternative to utilitarian thought
? Favored emphasis on rights of individuals
rather than means-end technique of thinking
used by utilitarians
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
A Sense of Justice
? In order for moral persons to develop moral
capabilities, is necessary for them to create a society
and agree on principles that will govern it
? Agreement should be result of fair procedure designed
with fair conditions (Alegandro, 1998)
? In this model, persons who must decide and
conclude agreement are men and women of ordinary
talents and tastes
? Agreement called original position
Banks,
Banks,
Criminal
Criminal
Justice
Justice
Ethics.
Ethics.
? 2017,
? 2017,
SAGE
SAGE
Publications.
Publications.
A Sense of Justice
? Principles of justice chosen behind veil of ignorance
? Ensures no one will gain advantage or suffer disadvantage because of
particular circumstances in society
? Attempts to demonstrate that if parties are rational
and act only in own self-interest, they will choose
two principles of justice put forward (Rawls, 1973)
? Each person is to have equal right to most extensive basic
liberty compatible with similar liberty for others
? Social and economic inequalities are to be arranged so that
both are (a) reasonably expected to be to everyone?s
advantage and (b) attached to positions and offices open
to all
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
A Sense of Justice
? Social justice
? Crux of Rawls? (1973) discussion
? Sees justice as basic structure of society and as basis for describing
how major social institutions distribute fundamental rights and duties
? Principles of justice make up only part of complete set of
principles needed to define social ideal
? Perhaps the most important part
? Advocates notion that just society would conform to above
two principles by incorporating them into its basic structure
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Application of the Principles
? Notion is that if we apply principles to our
beliefs as well as to facts and circumstances,
we will make judgments that will give effect to
principles
? Principle?s application is much broader
because it is to apply to all inequalities in
primary social goods
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Application of the Principles
? Contends any inequality must benefit everyone but
in particular must benefit least advantaged (Jones,
1980)
? Equality is mark of social justice
? Any acts promoting equality are justified provided they do
not worsen situation of least advantaged
? Difference principle
? Reflects Kantian principle that people are never to be
treated as means to an end but always as ends in
themselves (Darwall, 1980)
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Application of the Principles
? As to distribution of wealth and income under second
principle
? While distribution of these need not be equal
? Must be to advantage of all
? Positions of authority and offices of command must be accessible to
everyone
? Rawls (1973) sees two principles as part of more general
conception of justice, which he expresses in following terms:
? All social values-liberty and opportunity, income and wealth, and basis
of self-respect-are to be distributed equally unless unequal
distribution of any, or all, of these values is to everyone?s advantage
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Application of the Principles
? Emphasizes principles are for institutions to follow
? Stresses need to avoid confusing principles of justice
that apply to institutions with those that apply to
individuals and their actions
? Important to keep in mind that principles and
original position concern hypothetical people in
hypothetical situation
? What is revealed is simply that if there were such people
who went through process, then principles they agreed on
would be justified (Holmes, 1998)
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Justice as Fairness
? Rawls (1973) makes it clear that his intention
is to present model of justice that is abstract
in nature
? On hypothetical basis, principles are those
which free and rational persons would accept
? They specify kinds of social cooperation that can
take place
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Moral Development
? Rawls (1973) sees sense of justice as being gradually
acquired by children as they grow
? Contends that necessity to teach moral attitudes to
children is one of conditions of human life
? Identifies three stages of moral development:
? Morality of authority
? Morality of association
? Morality of principles
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Moral Development
? Okin (2003)
? Notes Rawls ?treats the family seriously as the
earliest school of moral development? (p. 247)
? Contends Rawls makes assumption that family
institutions are ?just? and he ignores operation of
gender in the family
? Believes a just society would give women same
opportunities as men to exercise political power,
develop talents, and be economically secure
within families
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Moral Development
? Rawls suggests his two principles of social justice will create
harmony and cooperation among citizens
? And will regulate likelihood that human beings will perform unjust acts
? Alejandro (1998) sums up Rawlsian version of good society:
? A society where wealth is distributed widely, people engage in
meaningful work, citizens have opportunity to participate in political
process and political parties advance vision of public good
? He wants society where inequalities are not explained away as natural
but are justified to least-favored members
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Moral Development
? Rawlsian conceptions of justice are directed at social
institutions, and cannot be applied to individual
ethical dilemmas.
? Rawls?s discussion of inequality might be linked to
the analysis in Chapter 3 of discrimination of the
criminal justice system. This might be achieved by
posing the following questions.
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Applying Rawlsian Theory
? Is there fair, equal, and just application of the laws or are laws
applied unfairly, unequally, or unjustly to certain groups by the
criminal justice system?
? Any examination of questions of inequality, unfairness, and
the just application of laws would have to consider the
position of marginalized groups such as the poor,
minorities, and those without power in society.
? Are such groups treated unjustly by the criminal justice
system?
? For example, are they subject to higher rates of arrest than
other groups?
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Applying Rawlsian Theory
? Is there discrimination based on race, gender, or
socioeconomic status within the criminal justice
system?
? The discussion in Chapter 3 reveals that criminologists
dispute the existence of any systematic discrimination
within the criminal justice system, but agree that
discrimination does occur at specific points in the system.
? Does the criminal justice system treat women differently
than men, and has increased policing of drug use affected
women disproportionately?
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Applying Rawlsian Theory
? Is there equal and fair access to justice regardless of
race, gender, or socioeconomic status in the criminal
justice system?
? An examination of this issue would have to consider the racial
disproportionality of the U.S. prison population, and in particular
the effects of the ?war on drugs? and ?three strikes? legislation.
? If minorities have less wealth, does this mean they are
disadvantaged if they come into contact with the criminal justice
system?
? Can access to justice be improved for those without wealth, or
must we simply accept the fact that inequalities will continue and
that society will not follow Rawls?s hypothetical model of
surrendering equality in favor of advantaging the disadvantaged?
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.
Chapter Summary
? Work of John Rawls (1973) concerned with establishing
fundamental principles that would govern morally good
society rather than with individual choices and acts
? Rawls believes moral persons possess sense of justice and
potential to pursue conception of good
? In order to realize potential, we must create just society and
agree on principles that will govern it
? He argues this group of persons would choose two basic
principles of justice
? He emphasizes that principles should be followed and applied
by social institutions
Banks, Criminal Justice Ethics. ? 2017, SAGE Publications.

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