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22 Cards in this Set

  • Front
  • Back
Terms associated with justice
FAIRNESS
EQUALITY
EQUITY
IMPARTIALITY
FAIRNESS:one of the first concepts of justice that children grasp
EQAULITY:treating people the same
EQUITY:distribution of goods, resources
IMPARTIALITY:treating people without bias or prejudice
DISTRIBUTIVE JUSTICE:
1. concerned with developing a system for dispensing _____ when they are scarce
2. ____ and ____ _______ are two factors that are used to determine who should be awarded the ________ and ____ of society.
3.some goods that distributive justice is concerned with dispercing are _____,_____to _____. and ____to _____.
1. goods
2. needs, just deserts, benefits and burdens
3.compensation, access to education, access to employment.
John Rawls
A THEORY OF JUSTICE, brought a central focus to the concept of "liberalism". the state should garantee social justice, basic rights, equal opportunity.
Veil of Ignorance
John Rawls;
see ourselves as potential constructors of a mythical just future society
Original Position
secure 2 basic principles
John Rawls
1.basic rights liberty of conscience and movement, religion ect..
2. equality of opportunity
who should benefit? according to Rawls?
the least well off
Political Liberalism's argument builds on his previous book saying that institutions of a just state need to be ___ with regard to any particular theories of good that its citizens might pursue.
neutral
3 essentials to running a value neutral state:
1.reaonableness:people coming from differnt cultures and politicals states to work with eachother
2.necessity:overlapping consensus, bridge gap between cultures allowing for a diverse gov.
3.autonomy of the state's citizens
Corrective Justice:
T/F
1.concerned with how people should be punished for wrongdoing
2.sustantive justice seeks to define waht is considered ____ ______.
3.Punishment inflicted should be in _____ to the degree of the _____.
4.sometimes procedural and substantive justice are in _____, when following fair procedure produces an unjust result.
1.T
2.fair punishment
3.proportion, wrongdoing
4.conflict
Paradigms of Law: List the two fundamental perspectives on the function of law in our society
CONSENSUS
CONFLICT
1.Consensus paradigm created by _____ ______
3.characterizez law as a ____ force in society.
4.reppresive law serves to maintain ____ ____.
5.___ is a tool for disolving disputes objectivly
1.Emile Durkheim
3.unifying
4.social cohesion
5.law
CONFLICT PARADIGM
1.characterizes law in an _____ way that concensus and relies on ____ concepts of power.
2.hold that a ___ is only criminalized wwhen it serves the ____ of those in positions of power.
3.the law protects the ___ and ____ ______ of those running the government.
4.___ is seen as a tool for the ____ in society. for their own ____
1.opposite, marxist
2.behavior, interests
3.property, personal interests
4.law, powerful, benefit
pluralism
modification of conflict paradigm
1.law defined by interest groups with relative power
Retributive Justice:
1.Law: controls ____ of our memebers in society though ___ and ___ means.
1.beahvior, direct and indirect
Social Contract Theory:
1.law rep. an agreement to exchange ____ for _____.
2.definitions of freedom that harms others will change over time ex:_____
1.freedom, security
2.abortion
Hobbes argument
1.humans are ___ ___
2. if there were no laws
1.social animals
2.death of civilization
4 facts that justify laws
equality of needs, scarcity of resources, equality of human power, limited altrui
to avoid anarchy....
state must act like a referee
Legal Paternalism
1.laws protect people from doing harm to _____.
2.direct contradiction with
3.individual actions always
4.good for individuals whos capacity is...
5.making someone go to the doctor
1.themselves
2.libertarianism
3.affect others
4.impaired
5.mkaing someone do something for their own good
Legal Moralism
1.crimes are considered to be acitons that harm community standards of ____.
morality
Moral cuplability
crime based on rationality
mills argument:
1.stresses the importance of ___ and ____. if we live like _____ we would have new discoveries in our lives.
1.autonomy and freewill.
omish(completely autonomous)