Criteria that help officials determine which rules

This preview shows page 5 - 8 out of 19 pages.

criteria that help officials determine which rules are part of the legal system and which rules are not. (rules that state that a law is enacted when it is approved by a majority of each House of Congress signed by the President) Rules of Recognition- criteria that help officials determine which rules are part of the legal system and which rules are not. (rules that state that a law is enacted when it is approved by a majority of each House of Congress signed by the President) Core of certainty- where most cases fall, where it is obvious how the rule
applies. Penumbra of doubt- a small minority of cases fall here, where it is not obvious that the rule applies. Hart claimed that when cases fall in this penumbra of doubt, the judge does not look to his own moral views but rather the intention of the legislators upon the creation of the statute. Original position- “ it is designed to be a fair and impartial point of view that is to be adopted in our reasoning about fundamental principles of justice. In taking up this point of view, we are to imagine ourselves in the position of free and equal persons who jointly agree upon and commit themselves to principles of social and political justice. The main distinguishing feature of the original position is “the veil of ignorance”: to insure impartiality of judgment, the parties are deprived of all knowledge of their personal characteristics and social and historical circumstances. They do know of certain fundamental interests they all have, plus general facts about psychology, economics, biology, and other social and natural sciences. The parties in the original position are presented with a list of the main conceptions of justice drawn from the tradition of social and political philosophy, and are assigned the task of choosing from among these alternatives the conception of justice that best advances their interests in establishing conditions that enable them to effectively pursue their final ends and fundamental interests. Rawls contends that the most rational choice for the parties in the original position are the two principles of justice. The first principle guarantees the equal basic rights and liberties needed to secure the fundamental interests of free and equal citizens and to pursue a wide range of conceptions of the good. The second principle provides fair equality of educational and employment opportunities enabling all to fairly compete for powers and prerogatives of office; and it secures for all a guaranteed minimum of the all-purpose means (including income and wealth) that
individuals need to pursue their interests and to maintain their self- respect as free and equal persons.” Veil of Ignorance- a feature of the original position which deprives all parties of any previous knowledge of their socio-economic positions, Rawls believed placing parties behind the veil of ignorance would allow them to impartially decide on a system of justice.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture