Justice

During today's discussion on the nature of justice, we failed to discuss one of the most important ideas of justice developed in the modern era. John Rawls, a professor at Harvard University argued that justice is fairness, but not the kind of fairness you are thinking of. By fairness he does not mean perfect equality but a system of equal opportunity. A better way of thinking about it is that justice is about inherent fairness not bringing about fairness. When you go into a courtroom what you are seeking is that justice be restored because the system does not decide what is just, justice is an outside concept upon which the system is built.. Rawls defines his system of justice on two principles which he defines in his book A Theory of Justice, "First: each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others. Second: social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone’s advantage, and (b) attached to positions and offices open to all."


These principles state that all people must have equal rights and that these rights be as extensive as possible, and that inequality can exist as long as everyone benefits from them and that everyone has the opportunity to move up through the social and political system.


Now, I am sure you are asking how does this relate to the criminal justice system , Andrew? Well, Brandon, it's quite obvious that Rawls's Two Principles apply directly to the justice system as the justice system must protect everyone's rights and that the justice system must work to ensure that there is equal justice under the law so that the poorest and richest citizens receive their due. In class we mostly focused on discussing retributive, rehabilitative, or proportional justice as well as deterrence theory, but now consider how Rawls's theory applies to criminal justice. In what ways has the justice system violated Rawls's Two Principles?



Sources:


https://plato.stanford.edu/entries/rawls/#JusFaiJusWitLibSoc
Rawls, John. A Theory of Justice. Belknap Press of Harvard University Press, 1978.