Rawls Essay, Research Paper
Can the Unjust be Rectified
Can the Unjust Be Rectified? Robert Nozick, in his essay Rights and the Entitlement Theory, discusses the rights of individuals and just acquisition. He makes it clear that these rights and/or acquisitions cannot be taken away by anyone, either by an individual or by a collective identity such as the state. Individual people and the state have an obligation to not interfere with one?s rights or just acquisitions. As long as one does not interfere with another?s life and intrinsic rights then no one else shall interfere with another?s life, it is a reciprocal obligation. Furthermore, the government should be involved minimally in the life of the individual. According to Nozick, the state should be ?…limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts, and so on…?(p. 210). Also, according to Nozick each individual has the right to choose what to do with what one has, as long as it was acquired justly. Therefore, if a freely organized group of people owned a (communal) house, assuming they acquired it justly, what would give anyone else the right to take it away and redistribute it? (And moreover, in this specific instance what other rights and/or just acquisitions are violated?) In 1993 the administration at Denison University decided to make the fraternity houses non-residential. Fraternity members that had acquired the houses justly would no longer be able to live in them. I believe the acquisition of the houses from one generation to the next was just because initially someone financed the house, and then through initiation to the fraternity, and thus through a belief in the fraternity?s ideals, they ?earned? residency in the house. Moreover, they paid for utilities, upkeep, and basic needs of the house. Despite this just acquisition the school, or government in this example, according to Nozick unjustly ?took? back the houses. This leads to the essay A Theory of Justice, by John Rawls. In his essay Rawls discusses the principles of justice and equality in society. Rawls wants everyone to start in a specific hypothetical situation with two principles of justice, among other things. The first principle is as follows: ?each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others? (p. 551). And, the second principle is as follows: ?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? (p. 551). According to the first principle everyone has the right to basic liberties; included in these liberties is ?…freedom of the person along with the right to hold (personal) property; and freedom from arbitrary arrest and seizure…? (p. 551). The dilemma arises again, how does the University account for the seizure and redistribution of an organization?s private property? For Rawls, the first principle comes before the second, ?[T]his ordering means that a departure from the institutions of equal liberty required by the first principle cannot be justified by, or compensated for, by greater social and economic advantages? (p. 551). Here, I believe it is evident that the University, out of benefit of better social and economic advantages, unjustifiably seized the fraternity houses. The University benefited economically because they could use the fraternity houses to accommodate students; and they benefited socially because ?frats? were no longer a central theme in Denison society. According to both Rawls and Nozick the school had no right in seizing the houses. Moreover, according to Nozick the state, Denison University Administrators, is supposed to be protecting against such unjust acts. This is the most evident violation of basic rights within this example, however there is a more serious violation of basic rights that many seem to overlook. In Nozick?s theory of rights and entitlement is the notion of side constraints. ?Side constraints upon action reflect the underlying Kantian principle that individuals are ends and not merely means; they may not be sacrificed or used for the achieving of other ends without their consent? (p. 210). In terms of my example I believe the University was exploiting the fraternities as ?ends and not merely means,? because they used the fraternities for their own means without consent. While at the same time they deprived the fraternities of the means by which they had been working towards some end. Yet another aspect of Nozick?s essay comes to the surface here, the notion that each person is free from any interference concerning the pursuit of one?s own life (p. 209). It seems, according to the above-mentioned author?s notions that the University is being unjust. First, by taking away private property; then by indirectly denying the freedom to associate; by exploiting the fraternities as means to their own ends; and finally, the freedom from interference concerning the pursuit of one?s own life. This questions the University as a just and fair state. How can the University have the right to take away basic liberties? It seems to me that Denison University is acting more like a dictatorship than a democracy here. It uses the Denison population as means for its own ends, and the University simply becomes an economically driven dictatorship. Perhaps it could be argued that the seizure of the houses was more of an Utilitarian move; the school gets more revenue from room and board and the students get a better education. However, who ever said the students wanted a better education? The real dilemma I still retain is one concerning the principle of rectification. Will the University ever justify its unjustifiable acquisition? Can the University rectify the situation by any other means other than giving the houses back? What is the correct way to justify the University?s unjust ?mistake??
gjhgj hj
hjljkl
Другие работы по теме:
Just Laws Essay Research Paper The definition
Just Laws Essay, Research Paper The definition of a law as just or unjust can only come from the people whom are governed by the law in question. Although everyone should be free to decide whether or not a law is just, the only opinions that should matter are from those of the nation ruled by the law.
Servicerep2 Essay Research Paper Thanks to Paul
Servicerep2 Essay, Research Paper Thanks to Paul Torek for some thought-provoking comments, to whichI shall reply in two parts. Firstly, I should like to comment onhis intriguing suggestion on how Rawls might react to my hypothetical. Second, I’d like to make some comments on Torek’s own criticisms. 1.
Socrates To Conform Or Not
– A Struggle Essay, Research Paper To Conform or Not? Socrates- A Struggle When one is pondering the question, what do the laws mean by stating that Socrates needed to be obedient because of all that the laws have done for him, you can find the meaning in the text of the Crito. The law states, that if they were not there, Socrates would not have been born.
Untitled Essay Research Paper The Republic written
Untitled Essay, Research Paper The Republic written by Plato examines many things. It mainly is about the Good life. Plato seems to believe that the perfect life is led only under perfect conditions which is
Statutory Rape Essay Research Paper In the
Statutory Rape Essay, Research Paper In the face of unjust laws, I believe that civil disobedience is mandatory. I have a scenario to defend my argument. I introduce to you Stan Lippy. Stan is a 19 year old student at Louisiana State University and he loves his girlfriend. Unfortunately, she is a 17 year old high school student with over-protective parents.
Justice Essay Research Paper The concept of
Justice Essay, Research Paper The concept of justness is a subjective reality. Justice is not present in any one person, justice appears to be present only in consensus. There is no just,
Philosophy Essay Research Paper There exists a
Philosophy Essay, Research Paper There exists a story, about a certain Ring of Gyges. In short form, the story goes like this: A man happened upon a ring on the finger of a corpse inside of a hollow bronze horse. He took the ring from the corpse and put it on his finger. He continued to wear it as a regular ring, until the night of his monthly meeting to discuss the state of his flocks.
MacKinnon Essay Research Paper Rousseau and Marx
MacKinnon Essay, Research Paper Rousseau and Marx spearhead the movement of the worker. They attempt to alter current, unjust, stifling situations and bring a natural equivalence to all. Yet, throughout their works, they hardly mention the role of women. Marx does, at one point, acknowledge that women should no longer be known as “private”, but as “collective”: open and free to all men.
Justice Rawls Vs Walzer Essay Research Paper
In my mind justice is a very abstract concept. Although it seems like everyone knows the meaning of the word many people view justice differently. If you would ask people what they associate the word justice with, you would hear many opinions. To me it means fairness, accountability, equality, punishment, following the letter of the law, and these are the words that came to my mind on the spot, but the list sure doesn t end here.
Effects Of The Speeches Of Brutus And
Antony Essay, Research Paper Julius Caesar is one of Shakespeare’s greatest works. It’s about a group of conspirators who kill their king, Julius, in order to be free. Antony, opposed to the assassination, felt that he should avenge Julius’s death. He delivered a speech that convinced the Romans that the murder was unjust, invoking their rebellion.
Socrates Vs Thrasymachus In The Republic Essay
, Research Paper The Republic is one of the finest examples of a Platonic dialog. The subject matter discussed therein is difficult to summarize, at best. Covering subjects such as politics, the fine arts, education, it is no wonder so many have written volumes analyzing its various aspects. However, the driving force behind the many discussions is pursuit of the answer to the simple, yet evasive question, “What is justice?”
Socrates On Democracy Essay Research Paper In
Socrates On Democracy Essay, Research Paper In Plato?s Euthyphro, Crito and the Apology, we learn of Socrates? highly critical view of the democracy. Socrates believed that democracy was a flawed
Are We Ever Morally Justified In Disobeying
Laws We Consider To Be Immoral? Essay, Research Paper Are we ever morally justified in disobeying laws we consider to be immoral? The answer to this question depends very much on our understanding and opinion on the status of the law. On this issue it is likely that everyone falls into one of two broad categories.
Summer Of The Monkey
’s Essay, Research Paper Summer of the Monkeys By:Wilson Rawls The book Summer of the Monkeys is about a family of four that had just moved to the Ozark Mountains, smack dab in the middle of the Cherokee Nation.The ladt thing a fourteen year old boy expects to find along an old Ozark river bottom is a tree full of monkeys.
Socraric Method Essay Research Paper The Socratic
Socraric Method Essay, Research Paper The Socratic Method of philosophy is basically a series of question leading to an answer. In order for this method to work though, two conditions must be met. The first one is that the interlocutor has to say what he believes. The second is that the answers must be kept short.
Socrates Essay Research Paper Socrates arguments that
Socrates Essay, Research Paper Socrates arguments that it would be wrong to escape from prison is as follows. In Critos, Socrates explains to his friend Crito that escaping from prison would go against many of the thins that he (Socrates) believes in; seeking virtue, seeking the truth, not repaying an evil with another evil, obeying the laws of the state and so on.
Mahatma Gandhi Essay Research Paper Mahatma GandhiThere
Mahatma Gandhi Essay, Research Paper Mahatma Gandhi There are far too many accomplishments in the life of Mohandas Gandhi to be covered in a single essay, for he was and still is one of the most idolized people in history. His beliefs of unity and equality are still shared today by millions of people around the world.
A Childhood Experience Essay Research Paper My
A Childhood Experience Essay, Research Paper My aunt had remarried a man named Herbert Rawls our as I called him Uncle Butch. He was a very nice man and he treated my aunt and her son with respect. I respected him with all my heart and soul because I saw a man who worked two jobs to support my aunt and her son. He did a lot for my little cousin and he treated him like he was his own child.
Rawls
’ View Of Ignorance Essay, Research Paper Rawls’ View of Ignorance Rawls theory of justice revolves around the adaptation of two fundamental principles of justice which would, in turn, guarantee a just and
The Effects Of The Speeches Of Brutus
And Anthony Essay, Research Paper The Effects of the Speeches of Brutus and Antony Julius Caesar is one of Shakespeare’s greatest works. It’s about a group of conspirators who kill their king, Julius, in order to be free. Antony, opposed to the assassination, felt that he should avenge Julius’s death. He delivered a speech that convinced the Romans that the murder was unjust, invoking their rebellion.
Antigone Civil Disobedience Essay Research Paper The
Antigone: Civil Disobedience Essay, Research Paper The short play, Antigone, was written in 441 B.C. by the Greek playwrightSophocles. It deals with some of the most basic problems that affect a society.One of them is Civil Disobedience. Civil Disobedience both a right andresponsibility of a person to fight an unjust law.
Thoreau Essay Research Paper Thoreau
Thoreau Essay, Research Paper Thoreau’s Civil Disobedience emphasizes the need to prioritize one’s conscience over the dictates of laws. It criticizes American social institutions and policies, mostly slavery and the Mexican American war.
Trial By Ordeal Essay Research Paper Trial
Trial By Ordeal Essay, Research Paper Trial by Ordeal I personally feel that trial by ordeal was a rather, how should I put this, “unjustified” way of determining guilt. Trial by ordeal was a type of “trial” that was used
Book Of Job Essay Research Paper The
Book Of Job Essay, Research Paper The Book of Job, including the epilogue, argues justice is retributive in its nature. Retributive justices states that a just distribution of fairness exists. Throughout the book, Job portrays the idea that good things happen to those who are good, while bad things happen to those who are bad.
Classical Utilitarianism Essay Research Paper
“Classical Utilitarianism,” by John Rawls This short piece by Rawls makes the point that “utilitarianism does not take seriously the distinction between persons.” This is an intriguing statement and warrants discussion. Rawls view of utilitarianism is that the goal for society is the fulfillment of the maximum satisfaction of all its members.
Woman In Theater Essay Research Paper Woman
Woman In Theater Essay, Research Paper Woman In Theatre Woman in Greek theatre is something you just don t see. In fact woman were put in the same category as slaves. In this time of the gods, woman were forbid to play their own part in the famous thing we call Greek theatre. Taking the place of these women were testosterone driven men portraying the woman part with their own preconceived idea of how woman really are.
Antigone Essay Research Paper Antigone and The
Antigone Essay, Research Paper Antigone and The Mother Death surrounds us all. It is a common reminder of the life we have around us. Death is seen in people, nature, and animal’s everyday. It brings us sadness and pain. It is something that is not easily dealt with and sometimes may seem unjust. It helps us become better people by accepting death and learning from it.
Environmental Racism Essay Research Paper There is
Environmental Racism? Essay, Research Paper There is a political theory of justice that was created by John Rawls that states, that all rational members of society in the original position should make decisions. Rawls called this method as a ?veil of ignorance.?
The Unjust Life Is More Profitable Than
The Just Life Essay, Research Paper “The Unjust Life Is The Most Profitable Life” Plato argues in his book the “Republic” that the just life is better that the unjust life. Although, Glaucon has legitimate arguments, Plato refutes them effectively by showing that the just life is better.
The Crucible And Inherit The Wind
– Injustice Essay, Research Paper Both Cates, in Inherit the Wind by Lee and Lawrence, and Procter, in The Crucible, by Arthur Miller, are both subjected to unjust laws. Both demonstrated that , “if the law is of such a nature that it requires one to be an agent of injustice toward another, then I say break the law,” as stated by Henry David Thoreau.