Philosophy Essay:​正义论学说 [2]
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论文字数:2804论文编号:org201511082046376331语种:英语 English地区:中国价格:免费论文
关键词:Theories of Social Justice税收政策正义论学说
摘要:本文讨论了Bentham、Rawls、Sen的正义论学说,并结合正义原则来讨论税收政策和防卫过度导致杀人情况下的看法。
looking at happiness from the perspective to people who are different in their earnings, tradition, education, culture, religion etc, due to certain stereotypes are forced onto individuals to accommodate happiness, by limiting their desire, wants and needs, especially under adverse conditions.
罗尔斯的正义理论-Rawls Theory of Justice
The work of John Rawls is widely used in theories of justice, and through it, he suggested that there is a better way of looking at justice than utilitarian philosophy. His theory is based on the concept of justice as fairness. He does away with the idea of merit or deservingness as the just institutions will not be able to measure them, and therefore they are irrelevant to justice. He rather used social contract, which considers justice in various societal settings as way of arriving at consent between the various members of the society. The notion of contract is to suggest an ethical idea about the affinity between the individuals of a community and all of them are independent individuals who are obliged to share their independence with others. Rawls suggests that this social contract is built on an idea which assumes that a team of self concerned and logical administrators who act in an original position and from the veil of ignorance, which helps them to cover or not take into account their inherent benefits and position in the society, and make decisions keeping in mind the general well-being of the society and not particularly theirs, as once this veil is taken away, they are not sure of the difficulties or the riches which might come to them. The original position ensures impartiality and neutrality in all aspects of justice as fairness.
Rawls further says, that the individuals in the original position would decide on two conventions. The first law of justice is to be given preference over all other laws, is based on the premise that the equal fundamental rights is the prerogative of each member of the society. The second law of justice is about the equal allocation of social primary goods, also that any aberration in this law from equal distribution should be towards the betterment of the most poor in the society (difference principle). As per the Rawlsian framework of justice distribution is administered depending on the need and keeping in mind the equality of all citizens. Here the focus is on social primary goods of right to security, free speech, practice any religion, equal access to income and wealth etc, rather than the utilities. Here, the primary goods are those goods which every logical person would like to have, in order to live a better and a fulfilling life. Rawls also argued to have a preferential order of social goods, based on his first law of justice, and as per that, liberty is to be first, followed by need and then utility.
For Sen, the central shortcoming of Rawls approach is his sole concentration on the preferential order of social goods, and critiques the primary position given to liberty over rights and needs. He feels that this ranking where in liberty is the primary position and needs at the end, has to relooked, because at times fulfilling of certain needs (economic or social) can make a world of a difference to the people living in extreme poverty.
Therefore the point of contention for Sen is that Rawls is looking only on the fair allocation of the means and resources, and he is totally
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