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different kinds of justice

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frédéric MONTAGNE

on 6 December 2014

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Transcript of different kinds of justice

different kinds of justice
DISTRIBUTIVE JUSTICE
The extent to which society's institutions ensure that benefits and burdens are distributed among society's members in ways that are fair and just.

5 different forms of distributive norms:
- equity
- equality
- power
- need
- responsibility

RETRIBUTIVE JUSTICE
= corrective justice
Refers to the extent to which punishments are fair and just.

In ethics: "let the punishment fit the crime" = the severity of penalty for a wrongdoing should be reasonable and proportionate to the severity of infraction
RETRIBUTIVE JUSTICE
2 TYPES:

- amount of punishment proportionate to the the amount of harm caused by the offence

- amount of punishment proportionate to the amount of unfair advantage gained by the wrongdoer.

CRITICISM:
- judges impose penalty for a crime within a range set by the tariff and do not have enough discretion to allow for mitigating factors and leading to unjust decisions under certain circumstances
COMPENSATORY JUSTICE
- refers to the extent to which people are fairly compensated for their injuries by those who have injured them.

- just compensation is proportional to the loss inflicted on a person
CONCLUSION
Justice = central part of ethics .
- in evaluating any moral decision, ask whether our actions treat all persons equally
- unequal treatment is the foundation for social unrest, disturbances...
BUT: justice not the only principle to consider
- sometimes justice may need to be overridden in favour of other moral claims ( rights or society's welfare)
NEVERTHELESS: justice is an expression of our mutual recognition of each other's dignity. We must treat each other as equals
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