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PHILOSOPHY - Coggle Diagram
PHILOSOPHY
Justice
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PLATO
According to him: “I declare that justice is nothing else than that which is advantageous to the stronger”. By the stronger, he meant those who are able to make and enforce laws in the ways that suit their ego.
“In every city, justice is the same. It is what is advantageous to the established government”.
The slave is inferior to his master both intellectually and otherwise. And as such, they (slaves) have no sense of justice. So any dictate coming from the master automatically becomes what is just.
ARISTOTLE
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For him, the key element of justice is treating similar cases in a similar manner,
He distinguishes between justice in the distribution of wealth or other goods (distributive justice) and justice in reparation, as, for example, in punishing someone for a wrong he has done (retributive justice)
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JOHN RAWLS
John Rawls’ theory of justice as fairness - describes a society of free citizens holding equal basic rights and cooperating within an egalitarian economic system
He constructs justice as fairness around specific interpretations of the ideas that citizens are free and equal and that society should be fair.
He holds that justice as fairness is the most egalitarian, and also the most plausible, interpretation of these fundamental concepts of liberalism.
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He makes his final clarification on the principles of justice in one paragraph: Justice is one of the most important moral and political concepts.
- First Principle: Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.
- Second Principle: Social and economic inequalities are to be arranged so that they are both: (a) to the greatest benefit of the least advantaged, consistent with the just savings principle, and (b) attached to offices and positions open to all under conditions of fair equality of opportunity.”
ROBERT NOZIK
If the goods were acquired and transferred according to the first two principles, then the resulting distribution is just. If they were not, then we have to ask whether the injustice was rectified
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TYPES OF JUSTICE
SOCIAL JUSTICE
Social justice is the justice that deals with the duties and responsibilities of the individual towards the state.
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It refers to the organization of society in such a way that the common good to which all are expected to contribute in proportion to their ability and opportunity is available to all the members for their ready use and enjoyment.
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COMMUTATIVE JUSTICE
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Commutative justice is realized by establishing a certain arithmetical equality between the values of things that people need.
This justice is also a virtue that regulates the dealing of private individuals as moral persons, whereby the objective rightness is to be determined by the simple equality of whatever is exchanged and where no attention is to be paid to the possible inequality of persons involved.
Power
POWER AS SOCIAL RELATION
POLITICAL POWER CONSISTS IN COLLABORATION BETWEEN THE CITIZENS WHO ACKNOWLEDGE THAT THE STATE WAS DELEGATED THE RIGHT TO LEGALLY COERCE PEOPLE FOR THE SAKE OF THE COMMON GOOD.
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Power is grounded in inequality. Advantages: strength, the prerogative to punish or give awards, money, fame, social status,
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VISIBLE POWER
DOMINANCE AND SUBMISSION: master-slave or perpetrator-victim relation. The relation may be physical or psychological, or both.
ASYMMETRY OF RELATIONS: Evident in situations when the behaviour of one person is dependent on another person.
Uniforms – police, doctors, students, judges’ togues;
Salutations – military salutation, bows, etc.;
Objects – crowns, armory, stethoscope;
Placement – throne, on a podium, behind a desk.
INVISIBLE POWER
MICHEL FOUCAULT (1926-1984)
- Sovereign power involves obedience to the law of the king or central authority figure.
- Argues that 'disciplinary power' gradually took over from 'sovereign power'
-Disciplinary power: Discipline is a mechanism of power which regulates the behavior of individuals in the social body.
POWER OF NORMS AND ORDER
- Norm is a framework which separates one reality from another.
- Social norms are expressions of power. They determine what is acceptable and what is not.
- The disciplinary power is evident in the maintenance of socially acceptable order
POWER OF SURVEILLANCE
-Benefit of panoptic surveillance: you never know when you were being watched, so you had to behave all the time
-By individualizing the subjects and placing them in a state of constant visibility, the efficiency of the institution is maximized.
Law
The idea of right
Definition: Right/Law is a way of coordinating and protecting human freedom as far as it is externally implemented.
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Norms
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Moral norms are general principles or imperatives “Thy shall not kill”. They do not exist as facts, cannot be verified by experience.
Natural and positive law
The term “natural law” is ambiguous. It refers to a type of moral theory, as well as to a type of legal theory, but the core claims of the two kinds of theory are logically independent. I
Legal positivism is a philosophy of law that emphasizes the conventional nature of law—that it is socially constructed. According to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law.