Ch 04 - Justice Justice and Fairness They are concerned...

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Unformatted text preview: Justice Justice and Fairness They are concerned with the comparative treatment given to the members of a group when benefits and burdens are distributed, when rules and distributed, laws laws are administered , when members of of a group cooperate with each other, and when people are punished for the wrongs they have done or compensated for the wrongs they have suffered. 2011/3/4 2011/3/4 1 Example Example of Justice(1) ABC ABC = A cotton manufacturing company in south. Several Several workers sue ABC because they were suffered from “ brown lung” by breathing breathing dust while working in ABC. “Brown “Brown lung” is a chronic disabling respiratory disease that will cause premature death. 2011/3/4 2 Example Example of Justice(2) The The disabled workers were seeking a federal law that would facilitate the process of getting disability compensation from cotton mills, similar to to federal laws covering “ black lung” disease disease contracted in coal mines. E.g. E.g. Mrs Brown claimed that her husband was died of “ brown lung” after 25 years of hard work in ABC. Mr. Brown had no pension and nothing to live on and they need to go on welfare to live until Mr. Brown died. 2011/3/4 2011/3/4 3 Distributive Distributive Justice Distributing Distributing society’s benefits and burdens fairly E.g. E.g. If federal law is protecting the the sufferers from “black lung”, lung”, it was only “fair” that it also help workers afflicted by “brown lung”. 2011/3/4 2011/3/4 4 Retributive Retributive Justice Blaming Blaming or punishing persons fairly for doing wrong. A just penalty is one that in some sense sense is deserved by the person person who does wrong. E.g. E.g. Would it be fair to penalize ABC for causing brown lung disease among their workers. 2011/3/4 2011/3/4 5 Retributive Justice 家世顯赫頻惹官非 家世顯赫頻惹官非 涉嫌襲警的 涉嫌襲警的Amina為巴基斯坦裔,家族 顯赫,祖父於上世紀進軍本港證券界, 叔父為終審法院常任法官包致金(圓圖 ),Amina曾患鬱躁症,過往曾涉襲警 及刑事毀壞惹上官非,被判社會服務令 及罰款。 2011/3/4 2011/3/4 6 Compensatory Compensatory Justice Restoring Restoring to a person what the person lost when he was wronged by someone. A just compensation is one one that is proportional to the loss proportional suffered suffered by the person being compensated. E.g. E.g. Is Mr. Brown entitled to any fair compensation compensation due to the suffering of “brown “brown lung” ? 2011/3/4 2011/3/4 7 救生員撞癱 救生員撞癱 政府賠千萬 意外後積 極讀碩士 官讚勇敢非凡 8年前受聘於康文署 、熱愛水上活動的17 歲救生員,在屯門 蝴蝶灣泳灘當值期間被 硬物撞頭重傷昏迷,最終四肢癱瘓,餘生要 在輪椅上度過。惟立志當社工的他沒有放棄 自己,以絕佳成績完成大學及碩士課程,更 活躍義工服務。早前他興訟指康文署疏忽, 索償2800萬元,雙方昨達成和解,估計賠償 額接近2000萬元 由於脊骨斷裂及移位,葉最後被診斷四肢終 身癱瘓,只有頭頸可活動,除了手腳乏力, 手指甚至無法拿散錢或手機等,若要打字則 需一小時才可打完一頁。 2011/3/4 8 Class Class Discussion – Utilitarianism ,Rights ,Rights and Justice Case Case study on textbook p. 86 Topic: Topic: Conflict Diamonds in South South Africa 2011/3/4 2011/3/4 9 Principles Principles of Distributive Justice Fundamental Fundamental Principles – Equals should be treated equally and unequals treated unequally – People who are similar in all respects relevant to the kind of treatment in question should be given similar similar benefits and burdens even if they are dissimilar dissimilar in other irrelevant respects – E.g. All HK citizen receives $6000 grant from government? – E.g. Should Jason and Clement received the same salary if they work in McDonald? 2011/3/4 2011/3/4 10 Principles Principles of Distributive Justice Egalitarian Egalitarian – Distribute equally to everyone Capitalist Capitalist – Distribute by contribution Socialist Socialist – Distribute by need and ability Libertarian Libertarian – Distribute by free choices Rawls Rawls – Distribute by equal liberty, equal opportunity, and needs of disadvantaged 2011/3/4 11 Class Class Discussion – Utilitarianism ,Rights ,Rights and Justice Case Case study on textbook p. 94 Topic: Topic: Oil companies in West Africa Africa 2011/3/4 2011/3/4 12 曾蔭權指傷勢已無大礙 曾蔭權指傷勢已無大礙 由於曾蔭權日前曾受襲,上午 由於曾蔭權日前曾受襲,上午7時許抵 達機場時,保安明顯加強。被問及財政 司司長曾俊華轉軚派錢會否打擊管治威 信,以及受襲後的身體狀時,他沒有作 出任何回應。 2011/3/4 13 議員指超市囤奶粉遍多區 議員指超市囤奶粉遍多區 惠康3 中層違規 廉署跟進 【明報專訊】繼本報揭發上水 【明報專訊】繼本報揭發上水 惠 康 職員囤積美贊臣奶粉後,立法 會 議員黃成智接連收到10多宗市民 投訴,指沙田 、太古城 、將軍 澳 及北角區亦有不同連鎖超市的職員 涉嫌囤積奶粉,當中沙田一間超巿的兼 職職員更目擊主管與水貨客有大量奶粉 及「現金券」交收。至於上水惠康一事 ,廉署已經跟進。 2011/3/4 14 The The Ethics of Care An An ethic that emphasizes caring for the concrete well being of those near to us=dependent on and related to us Claims Claims ethics need to be impartial Emphasizes Emphasizes preserving and nurturing concrete concrete valuable relationships E.g. E.g. Will you save your wife or a stranger if both are drowning in the sea? 2011/3/4 2011/3/4 15 Objections Objections to the Care Approach to Ethics Charge: Charge: ethic of care can degenerate into favoritism Response: Response: conflicting moral demands are an inherent characteristics of moral choices choices Charge: Charge: ethic of care can lead to “burnout” Response: Response: adequate understanding of ethic of care will address the need to care for the caregiver 2011/3/4 16 How How to solve the real life situation? Justice? Care Ethics? No No fixed rule. The The institutional obligations we voluntarily accept can require us to be impartial toward our our friends and that we pay more attention to to the demands of impartial justice than to the demands of an ethic of care. E.g. E.g. If Mandy (your girlfriend) is applying for promotion in a company which you are the panel member for making decision, what is your response?? 2011/3/4 2011/3/4 17 Simple Simple strategy for moral Factual Factual Information: reasoning Moral Standards: 1. Maximize Social Utility 2. Respect moral rights rights 3. Distribute Benefits and Burdens Justly. 4. Exercise caring 2011/3/4 Concerning the policy, institution, or behavior under consideration consideration Moral Judgment On the rightness or wrongness of the policy, institution, or behavior. 18 An An alternative to moral principlesprinciples-Virtue Ethics theory The The theory that the aim of the moral life is to develop those general dispositions called mortal virtues, and to exercise and virtues, exhibit them in many situations that human life set before us. Moral Moral virtue is an acquired disposition acquired that that is valued as part of the character of a morally good human being and that is exhibited in the person’s habitual behavior. 2011/3/4 2011/3/4 19 An An alternative to moral principlesprinciples-Virtue Ethics theory Difference Difference in perspectives - An “ agent based” instead of “ action based concept” focusing on whether a person’s moral character character exhibits virtue. +ve: +ve: honesty, courage, temperance, integrity, compassion, self-control self-ve: dishonesty, greed ($), lack of integrity, cowardliness 2011/3/4 20 羅兆輝東莞猝死 羅兆輝東莞猝死 法醫證無可疑 有神童輝之稱的羅兆輝,曾在香港炒樓 有神童輝之稱的羅兆輝,曾在香港炒樓 狂賺,巔峰時坐擁20億港元身家,但 1997年因金融風暴令他的事業跌落谷底 ,2000年12月冬至當日,他在銅鑼 灣 一艘豪華遊艇上燒炭自殺獲救。近 年其則轉戰內地,長居東莞 2011/3/4 21 Theories Theories of Moral Virtues Aristotle Aristotle – Habits that enable a person to live according to reason – Virtues are habits of dealing with one’s one’s emotions, desires, and actions in in a manner that seeks the reasonable middle ground and avoid unreasonable extremes – E.g. In fear-courage or cowardliness fear懼怕;膽小;懦弱 ? – E.g. In anger-fighting or endurance? anger- 2011/3/4 2011/3/4 22 Theories Theories of Moral Virtues Aquinas Aquinas – Habits that enable a person to live reasonably in the world and be be united with GOD in the next – Virtues valued are: courage, temperance, justice and prudence – Christian beliefs: Faith, hope, charity 2011/3/4 23 Theories Theories of Moral Virtues Maclntyre Maclntyre –Disposition that enables a person to achieve the good at at which human “practices” aim. aim. –i.e. in working situation/social practices only 2011/3/4 2011/3/4 24 Theories Theories of Moral Virtues Pincoff Pincoff –Dispositions we use when choosing between persons or potential potential future selves –Talking about how to deal well with all of the emergences of human life. 2011/3/4 25 What What are the four Moral principles you have learnt? Which moral virtue is most most important to you? Which Which moral virtue you want to develop? How??? 2011/3/4 2011/3/4 26 ...
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This note was uploaded on 08/22/2011 for the course POLS 1010 taught by Professor King during the Spring '11 term at Utah State University.

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