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Is Justice for All Possible in America - Research Paper Example

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Is Justice for All Possible in America

The civil war paved the way for slaves to be freed so that they receive just and equal treatment; while the feminist movement has been slowly working towards changing the way women are viewed in the home and at the workplace (Kessler, 304). The Gay-Pride movement has been fighting for the acceptance of gay and lesbian people and has been gaining acceptance slowly. Inclusion of Different Groups The laws of a state or country are developed in order to provide a fair and just treatment to all citizens. An important issue that needs to be considered is the definition of the term ‘citizen’. Historically, women, slaves and the lower classes have rarely been considered as citizens, and the rights of these groups have not been considered when evaluating the extent to which the legal system is just. This means that often, even the most effective of justice systems did not represent a large portion of humans living in the country (Schmidtz, 110). Before the civil war, the inhuman treatment of slaves and other people of color was not addressed by the justice systems; and for a long time, women suffered in the workplace and at home because they were deemed inferior. Homosexual persons still find it difficult to gain acceptance in some parts of the country; and find it difficult to enter the army or share a bond of matrimony in some states. Although American laws restrict the unjust treatment that can be meted out to minority groups; this does not ensure that implicit forms of discrimination against minorities have been dealt with. From a philosophical perspective, minorities often do not experience just treatment from the majorities even in America. Kessler (174-176) provides various examples of how the well...
Although American laws restrict the unjust treatment that can be meted out to minority groups; this does not ensure that implicit forms of discrimination against minorities have been dealt with. From a philosophical perspective, minorities often do not experience just treatment from the majorities even in America. Kessler (174-176) provides various examples of how the well meaning individuals of minority status are discriminated against under the guise of concern for them. He also raises concern about the manner in which ‘Affirmative action programs’ are carried out. The often cited rationale behind these programs is that they provide compensatory justice to groups that have been denied opportunities in the past (Rawls, 160). While these programs report admirable growth and development for members of minority groups, in principle they are unfair to Caucasian males who are less likely to be chosen when all other factors are equal.Issues in Providing JusticeInstances like the one cited above highlight the limitations in providing justice to all. One central issue is that the concept of justice and the manner in which it is practiced is heavily influenced by the perspective, opinions and principles of individuals and groups. Groups that are considered ‘different’ are rarely afforded an equal status with others as it is believed that this would be ‘unjust’ to all concerned. This argument has been used to keep individuals of homosexual orientation out of the military, rarely targeted as effectively. ...Show more

Summary

In the paper “Is Justice for All Possible in America?” the author analyzes a risk to the concept of justice for all. Given the diverse nature of the American society, availing justice for all members of society is an extremely difficult, if not impossible task.

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