This position allowed Rawls to address two contemporary issues that are equally important but also tend oppose each other’s views: freedom and equality. The Rawlsian theory of justice is influenced by Hume’s philosophy with its critique of justice, that which prioritizes conventions and universal meaning (Forbes, 1985, 68). Hume talked about artificial justice and Rawls coined the so-called artificial device or the “original position”, which is used to determine justice. It also takes inspiration from Kantian principles, which emphasize moral nobility and the complexity and richness of human life and experience. The beauty of Rawls’ philosophy is its simplicity. The challenge of including the interests of the whole or the large number as well as those of the individual’s was addressed assuming a degree of ignorance in order to attain a desired fairness. It first rejects everything in order to get to the bottom of fairness, and justice is then determined. What this means is that similar crimes would have different resolutions because the conditions and parties in each crime are different. Also, there are crimes that in traditional justice could easily be punished because it fits a conventional mold. Let us suppose that a man is accused of racism because he calls someone a Negro, along with several derogatory remarks. Rawlsian philosophy does not jump into conclusion and, instead, tries to understand the situation according to several approaches and involves the reflection on several case-specific variables. The “original position” is the first of these and the second is what Rawls referred to as “reflective equilibrium”. In explaining the concept, Rawls (1999) stated that “justification is a matter of the mutual support of many considerations, of everything fitting together into one coherent view” (19). This approach to justice is radically different from the current system used in most societies. However, it depicts a framework that indicate a highly effective process because it determines and metes out justice within the context of the circumstances of the parties involved. This aspect covers the many different conceptions and interpretations of justice. For instance, retributive justice emphasizes the proportionality of the punishment to the crime committed so that it is not greater or lesser than the harm perpetuated. There is also the case of restorative justice, which follows a more benign framework, focusing on “healing” as the more preferable outcome for all stakeholders involved including the victim and the offender. Rawlsian philosophy breaks through the differences of these other theories by identifying the fundamental variable in determining justice and work its way from there. By focusing on fairness and the contexts behind actions, Rawls was able to develop a more inclusive model. While Rawlsian philosophy has earned accolades and recognition, it also has its share of criticisms. One of the most important is his focus on the individual. For example, if a system of justice will follow the “reflective equlibrium model” there are those who point out that it would involve several judgments and doctrines based on different backgrounds of those involved, resulting to an almost infinite number of equlibria (Maffettone, 2010, 139). The critics come from all philosophical inclinations. There are those coming from
The Rawlsian Philosophy John Rawls’ theory of justice is one of the most interesting philosophies to have emerged in modern times. It was introduced in the 1970s when A Theory of Justice was published. It was revised several times, with the most recent done in the year 1999…
This text will attempt to track the evolution of natural rights from antiquity to the political thought of John Locke who can be seen as a prominent proponent of natural rights. The perspectives on natural rights will be elaborated and then compared to the political philosophy of John Locke in order to gauge a fair comparison.
Generally, racism holds prejudice against a racial group just because of the color of skin, hair or eyes, sexism undermines the female to be of a weaker sex and thus held inferior to the male. Religious bigotry on the other hand holds concepts related to spiritual beliefs while political bigotry is obviously affected by politics.
Likewise, one of the defining moments that occurred with the settling of the United States was concentric upon the way that the European colonists were so driven and determined to delineate ownership and wealth based upon what the Indians thought was a foreign concept of property lines.
The “Second Treatise of Government” is so much valued as a political document that it served as an extremely influential and important document in framing political philosophies and doctrines. Moreover, during the following years of its publication, the treaty also provided the matrix upon which important political testimonies such as Declaration of Independence and Constitution of United States were formulated.
To possess this property in common, every individual in the society should be accorded with the right to that property. Therefore, an individual has to have a way of earning all of his properties, in order to possess individual property which is to be used by only by a sole individual.
A study of his life and works will go a long way in understanding the role his ideas played in the growth and development of the constitution of the United States of America.
Locke was born at Wrington, in Somerset. He received a diverse education, first at the Westminster school for Boys and later at Christ Church in Oxford.
Indeed, it would hardly be an exaggeration were one to claim that the one's theory is the antithesis of the other's. The aforementioned is evidenced in the fact that both had very different notions of human nature and, accordingly, of the rationale behind the entry of citizens into a social contract, the implications of the said contracts and the rights of the populace versus the limits of government.
From his early childhood, Locke was inspired by the ideals of his Puritanical father. Locke was a keen observer and a fast learner and had a deep interest in exploring philosophical and Biblical questions.
From 1646 to 1652, Locke studied at the Westminster School in London.
European colonists were so driven and determined to delineate ownership and wealth based upon what the Indians thought was a foreign concept of property lines. Many of these cultural and political understandings of property, ownership, and natural rights were expertly detailed
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