An example of a principle of justice as fairness is the disparity in punishment between jaywalking and armed robbery. The punishment should be proportionate to the crime; a minor offense like jaywalking receives a significantly less severe penalty than a serious crime like armed robbery. This reflects the principle of fairness in that the consequences align with the severity of the action.
Understanding Justice as Fairness
The concept of "justice as fairness," particularly as developed by philosopher John Rawls (https://plato.stanford.edu/entries/rawls/), emphasizes two core principles:
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Liberty: Each person has an equal right to the most extensive liberties compatible with similar liberties for all. This ensures fundamental freedoms for everyone.
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Equality: Social and economic inequalities should be arranged so that they are both:
- To the greatest benefit of the least advantaged; and
- Attached to positions and offices open to all under conditions of fair equality of opportunity. This means that while inequalities might exist, they should benefit the most vulnerable members of society and opportunities should be accessible to all.
These principles aim to create a just society where everyone has a fair chance and the least fortunate are protected.
Further Examples of Justice as Fairness
- Healthcare Allocation: Fair allocation of scarce medical resources, such as organs, should prioritize those with the greatest need, reflecting the "greatest benefit to the least advantaged" aspect of Rawls's theory (https://optn.transplant.hrsa.gov/professionals/by-topic/ethical-considerations/ethical-principles-in-the-allocation-of-human-organs/).
- Legal System: The legal system should ensure fair access to justice, meaning everyone has the knowledge and ability to understand and participate in legal proceedings ([What are the principles of justice?](What are the principles of justice? There are three main areas addressed by the principles of justice: Fairness: There are different punishments for jaywalking than armed robbery; the law needs to be proportionate. Access: Access to knowledge of the law is important.04-Mar-2022)).
The principles of justice and fairness act as rules of "fair play" in matters of social justice (https://www.beyondintractability.org/essay/principles_of_justice). They strive for a system where everyone receives what they deserve, based on their actions and circumstances, within a framework of equal opportunity and protection of the vulnerable.
