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Jurisprudence is the philosophy and theory of law. It is concerned primarily with what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Justice, in its broadest sense, is the concept that individuals are to be treated in a manner that is equitable and fair.
Social justice is justice in relation to a fair balance in the distribution of wealth, opportunities, and privileges within a society where individuals's rights are recognized and protected. In Western and Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fulfill their societal roles and receive their due from society. In the current movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets, and economic justice. Social justice assigns rights and duties in the institutions of society, which enables people to receive the basic benefits and burdens of cooperation. The relevant institutions often include taxation, social insurance, public health, public school, public services, labor law and regulation of markets, to ensure distribution of wealth, and equal opportunity.
John Bordley Rawls was an American moral, legal and political philosopher in the liberal tradition. Rawls has often been described as one of the most influential political philosophers of the 20th century.
Distributive justice concerns the socially just allocation of resources, goods, opportunity in a society. It is concerned with how to allocate resources fairly among members of a society, taking into account factors such as wealth, income, and social status. Often contrasted with just process, which is concerned with the administration of law, distributive justice concentrates on outcomes. This subject has been given considerable attention in philosophy and the social sciences. Theorists have developed widely different conceptions of distributive justice. These have contributed to debates around the arrangement of social, political and economic institutions to promote the just distribution of benefits and burdens within a society. Most contemporary theories of distributive justice rest on the precondition of material scarcity. From that precondition arises the need for principles to resolve competing interest and claims concerning a just or at least morally preferable distribution of scarce resources.
The original position (OP), often referred to as the veil of ignorance, is a thought experiment used for reasoning about the principles that should structure a society based on mutual dependence. The phrases original position and veil of ignorance were coined by the American philosopher John Rawls, but the thought experiment itself was developed by William Vickrey and John Harsanyi in earlier writings.
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice . The theory uses an updated form of Kantian philosophy and a variant form of conventional social contract theory. Rawls's theory of justice is fully a political theory of justice as opposed to other forms of justice discussed in other disciplines and contexts.
In Ethics and political philosophy, in social contract theory, religion, and international law, the term state of nature describes the hypothetical way of life that existed before people organised themselves into societies. Philosophers of the state of nature theory propose that there was a historical period before societies existed, and seek answers to the questions: "What was life like before civil society?", "How did government emerge from such a primitive start?", and "What are the hypothetical reasons for entering a state of society by establishing a nation-state?".
"Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. In it he describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into fair equality of opportunity and the difference principle.
In philosophy, economics, and political science, the common good is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by citizenship, collective action, and active participation in the realm of politics and public service. The concept of the common good differs significantly among philosophical doctrines. Early conceptions of the common good were set out by Ancient Greek philosophers, including Aristotle and Plato. One understanding of the common good rooted in Aristotle's philosophy remains in common usage today, referring to what one contemporary scholar calls the "good proper to, and attainable only by, the community, yet individually shared by its members."
Anarchy, State, and Utopia is a 1974 book by the American political philosopher Robert Nozick. It won the 1975 US National Book Award in category Philosophy and Religion, has been translated into 11 languages, and was named one of the "100 most influential books since the war" (1945–1995) by the UK Times Literary Supplement.
Global justice is an issue in political philosophy arising from the concern about unfairness. It is sometimes understood as a form of internationalism.
Justice as Fairness: A Restatement is a 2001 book of political philosophy by the philosopher John Rawls, published as a restatement of his 1971 classic A Theory of Justice (1971). The restatement was made largely in response to the significant number of critiques and essays written about Rawls's 1971 book on this subject. The released book was edited by Erin Kelly while Rawls was in declining health during his final years.
Spheres of Justice: A Defense of Pluralism and Equality is a 1983 book by the philosopher Michael Walzer.
Economic justice intersects with economic prosperity as if all members of society can earn wages then they are contributing to the economic growth. These wages are then turned into the buying of goods which works to drive the economy, but it only works if everyone can "provide for themselves and maintain discretionary income."
Charles R. Beitz is an American political theorist. He is Edwards S. Sanford Professor of Politics at Princeton University, where he has been director of the University Center for Human Values and director of the Program in Political Philosophy. His philosophical and teaching interests focus on global political theory, democratic theory, the theory of human rights and theories of property.
Natural Law and Natural Rights is a book by John Finnis first published by Oxford University Press, as part of the Clarendon Law Series. Finnis develops a philosophy of Law in the tradition of Aristotle and Thomas Aquinas – Natural Law. His presentation and defence of Natural Law can be explored from three perspectives. First, polemical, by contradistinction with other philosophies of Law. Second, through its particular methodology, based on practical reasoning. Third, through its substantive content in the form of basic human goods. This article offers a brief overview of each of these perspectives. In addition, his 2011 edition included an extensive Postcript, which is briefly discussed in the 4th Section. A brief appraisal of the book is included in the final section.
Analytical Marxism is an academic school of Marxist theory which emerged in the late 1970s, largely prompted by G. A. Cohen's Karl Marx's Theory of History: A Defence (1978). In this book, Cohen drew on the Anglo–American tradition of analytic philosophy in an attempt to raise the standards of clarity and rigor within Marxist theory, which led to his distancing of Marxism from continental European philosophy. Analytical Marxism rejects much of the Hegelian and dialectical tradition associated with Marx's thought.
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services.
A property-owning democracy is a social system whereby state institutions enable a fair distribution of productive property across the populace generally, rather than allowing monopolies to form and dominate. This intends to ensure that all individuals have a fair and equal opportunity to participate in the market. It is thought that this system is necessary to break the constraints of welfare-state capitalism and manifest a cooperation of citizens, who each hold equal political power and potential for economic advancement. This form of societal organisation was popularised by John Rawls, as the most effective structure amongst four other competing systems: laissez-faire capitalism, welfare-state capitalism, state socialism with a command economy and liberal socialism. The idea of a property-owning democracy is somewhat foreign in Western political philosophy, despite issues of political disenfranchisement emerging concurrent to the accelerating inequality of wealth and capital ownership over the past four decades.
References
- Rawls J., A Theory of Justice, Belknap, United States, 1971.
- Sen A., Equality of What?, The Tanner Lecture on Human Values, Stanford University, May 1979.
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