In the article “The Need for More Than Justice”, Annette Baier discusses the justice and care perspective and explains why the justice perspective can be looked at as an inadequate moral theory. Baier differentiates perspectives from many philosophers, including the care perspective from Carol Gilligan, from her book In a Different Voice, and the justice perspective from both John Rawls, his work included A Theory of Justice, and Immanuel Kant, his work included Metaphysics of Morals.
Justice remains a social value that carries great importance; Rawls looks to justice as being the ‘first’ virtue of social institutes, this to Baier is a claim that should be challenged, saying that justice needs to be looked upon as a virtue, one among many,
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This is not to say that women cannot choose only the justice perspective, it’s just unlikely, unless a mid-life crisis occurs; however, most women are naturally linked to the care perspective due to their motherly instincts. According to Baier, the best moral theory would be to unify both women and men, this in turn would mean harmonizing justice and care (Baier, p. 160). The origin of this moral development has two aims, the first being, aiming to achieve satisfaction from community/relations with others, and the second, aiming at independence or the equivalence of power, both are said to begin from infancy. An infant can experience “the evil of detachment or isolation from others whose love one needs, or the other evil of relative powerlessness and weakness” (Baier, p. 154). Conferring to Gilligan’s research, gender differences in personality can be traced back to early social development, “in particular to the effects of the child’s primary caretaker being or not being of the same gender as the child” (Baier, p. 154). The dominance of a …show more content…
Influenced by Gilligan, Baier discusses three reasons as to why women shouldn’t be content to not purse their own personal values within the context of liberal morality, first would be its doubtful record, second would be its inattentiveness to relations of variation, and the third would be its inattentiveness to unchosen relations (Baier, p. 160). Gilligan reminds us that “individuality, it becomes defined by responses to dependence and to patterns of interconnexion, both chosen and unchosen” (Baier, p. 156). Meaning that this is not something that a person just gains/has and then is able to choose which relationships suit, instead it is something that must progress from sequences of dependencies and independencies, and what the person’s responses may be. Baier follows this up by saying that it’s not okay to just choose this version of morality as an optional addition, she shows us that the option of allowing people to agree to just the bare minimum, this includes only justice and rights, and allow whoever else wishes to continue advancing and humanizing the ideal of responsibility and care does not work (Baier, p. 157). Baier debunks this by stating that, firstly, responsibilities and care
Self and Others Connected (Carol Gilligan) Book definition/examples: “When girls get disconnected, they rely on others to tell them what they feel, think, and know. Their shock and resistance to disconnection reveals the strength of their connection to childhood. This relational voice is needed in a time of self-help individualism, revealing the importance of Gilligan’s historical contribution to dialogic civility” (Arnett & Arneson, 1999, p. 161). “When a girl comes into a relationship with herself, and recognizes her responsibilities for taking care of herself, the way she is connected with others changes. These changes set boundaries of the moral of conflict girls describe when responsibility for oneself conflicts with her responsibility to others” (Arnett & Arneson, 1999, p. 161).
Responsibility and Justice leave people accountable for their actions and leave them with consequences that result from their actions. In the novel Into Thin Air, by Jon Krakauer, the book talks about Krakauer’s journey up Mount Everest and what he encountered on the way up. He had many responsibilities, as did the other guides and clients. Their first priority was to be safe and complete the hike up the mountain. Although not everyone was able to make it to the top, the people that did receive justice in the end.
The United States is a country which every day is as much as changes in their justice systems, as in the constitution in order to defend the rights of citizens and improve as a country. Is America a country completely free of injustice, discrimination and respect for the rights of citizens ?. There are two things related to the improvement and stability of the country. According to Obama's Speech he was trying to make many changes and implement new laws for equality of all people as well as a fair justice system for all citizens regardless of race. In his speech the appeal rhetorical most used was Logos, after pathos and finally ethos.
The Justice Project Physical disability is one of the most challenging things that someone can go through in their lifetime one of those people is Matt Barnes who overcomes the challenges of having a physical disability and helps his client through his dedication and courage. The Justice Project is a mystery novel by Michael Betcherman that tells us the story of Matt Barnes, A high school student who is passionate about solving his cases. But when Matt’s client Ray Richardson is charged with murder, he wants to fight for his client's innocents, later on in the book he discovers his courage and determination. This essay will explore how Matt Barnes overcomes some challenges he faces including him having a physical disability and helps his client through his dedication and
After careful review of the assigned material The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them, an article by Radley Balko published in the Huffington Post August 2013 argues Brady violations which are the failure to disclose, as a matter of law, exculpatory evidence, as required under Federal case law. Balko addresses prosecutor misconduct and lists the tens of thousands of prosecutorial misconduct cases that have been studied by ProPublica, the Center for Public Integrity, USA Today, the Innocence Project , and Yale Law. Senate Bill s. 353 was introduced in Senate on 3 February 2015 titled Justice Safety Valve Act of 2015. This bill authorizes a federal court to impose a sentence in a criminal proceeding
Susan Okin argues that public sphere as well as private sphere are both relevant when talking about power, fairness and justice. Men are dominant in public sphere; where they rule and govern, but their self -interests are somehow restricted by the laws of the society. On the other hand, an individual family setting also constitute of a patriarchal society. Where men show dominance over women (wife, mother or sister), makes decisions for them sometimes even against their will. Okin is totally against this and demands for equal rights for the role of women in both public and private sphere “It is clear that the structure of the family and the distribution of roles and responsibilities within it must be significantly altered in any theory in which
Abstract The purpose of this research paper is to choose which of these models of justice: retributive, utilitarian, restorative or parallel, is appropriate for the Jonathan Nathaniel Ramsey case. We need justice to be delivered efficiently, effectively in order to make sure the offenders are held accountable and the victims receive assistance. Each crime that is committed needs to be addressed properly. When the crimes are not then that leads to the unrest in the community and to the victims.
Mattie’s approach to justice is not justified. I feel this way because first you need to know that without a reasonable doubt that whatever you’re convicting someone of the right charges. It also depends on the situation because if someone steals my pencil, I will be fine with that and not require any type of payment in return. Also my religious upbringing tells me to not take revenge on someone and to rely on God to help that person not do it again. I also believe that you need to have a fair trial if you are to punish someone of something you think they’ve done.
4 Criticism and Challenges The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends
Harvard political philosopher Michael J. Sandel, in his book Justice, refers to the “pain of sympathy” felt by many “tenderhearted souls” when they are faced with poverty, on the streets and elsewhere, and how they wish that there was something being done to stop it (35-36). He also speaks about the reaction of “hardhearted folk” who feel “the pain of disgust” upon seeing homelessness in their own communities and have no sense of pity for them (Sandel 36). In pondering human welfare, it is easiest to solve widespread problems by thinking of overall, hypothetical solutions. The issue of poverty in America (in many cases) comes from the socioeconomic class system that traps people in the class from which their parents came. A just society does everything it can to level the metaphorical scales that create this trap so that its people’s accomplishments and welfare reflect their talent and effort in the field.
Definition and Description of Procedural Justice Procedural justice is the act involved in decision making. It incorporates the process of involving transparency and fairness in making decisions. The incorporation of justice in this process is equally essential it entails that all parties allowed to give their views before decision are made concerning a given matter. Some theories state that restorative and distributive justice might not be met but for as long as there is a fair and justice procedure, there is always the possibility of having outcomes that are equitable (Jason &Tyler, 2003).
Baier also gives the example of childrearing and how it is usually women who disagree with this method because of “justice perspectives”. Another issue that arises is the difference between the justice and
What’s the Right Thing to do? by Michael J. Sandel discusses how there are three different approaches to justice: welfare, virtue, and freedom. The theme of the book is on how and what is considered moral. He introduces several perspectives on morality and we as readers are given insight into what people of different groups consider the rights and wrongs of morality. Some of these different beliefs are utilitarianism, libertarianism, and different philosophers views.
When addressing the difference between just and unjust laws for the clergymen Martin Luther King Jr. stated, A just law is man-made code that squares with the mora law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.
In Justice, Gender, and the Family, Susan Moller Okin presents a critique of modern theories of justice. She claims that these theorists make fatal assumptions regarding justice in the family. For example, she claims that John Rawls assumes that a family is inherently just and fails to consider how gender fits into the original position and veil of ignorance. He neglects the difference of opportunity in the family and the way that gender has a role as the primary school for justice. Okin believes that women must be included to create a satisfactory theory of justice that remedies the modern inequalities that we still see in families today.