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Agamemnon: Theories of Justice

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Reagan Lothes

on 3 February 2014

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Transcript of Agamemnon: Theories of Justice

Agamemnon: Theories of Justice
Retributive Justice
Focuses on the person who commits the crime and making sure he or she is properly punished
Has historically been associated with vengeance and/or retaliation
"an eye for an eye, a tooth for a tooth" (from Hebrew scriptures and Hammurabi's Code)
Retributive Justice
Calls for "proportional punishment"
"the pain of the justly deserved sanction should be related to the nature of the bad act" (449)
"those who commit similar acts should receive similar punishments" (449)
Retributive Justice
Requires "actus reus (a guilty act) and mens rea (a guilty state of mind)"
Will not punish those "who cannot be held responsible for their actions"
Retributive Justice
Retributive justice used to be considered a private matter
Blood feuds
Around the time Aeschylus is writing, laws are beginning to be established that make justice a matter of the state
The last play of the Oresteia ends with a trial by jury
Distributive Justice
Focuses on the just distribution of benefits and burdens among members of a society
"economic activity, political rights, or social benefts"
"Principles of distributive justice include":
"egalitarianism, the difference principle, resource-based principles, welfare-based principles, and libertarian principles"
Conclusion
Retributive justice. (2009). In L. Sullivan (Ed.), The SAGE glossary of the social and behavioral sciences. (p. 450). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412972024.n2197
Retributive justice. (2009). In L. Sullivan (Ed.), The SAGE glossary of the social and behavioral sciences. (p. 450). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412972024.n2197
Meyer, J. (2002). Retributive justice. In D. Levinson (Ed.), Encyclopedia of crime and punishment. (pp. 1394-1400). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412950664.n361
Meyer, J. (2002). Retributive justice. In D. Levinson (Ed.), Encyclopedia of crime and punishment. (pp. 1394-1400). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412950664.n361
Distributive justice (education). (2009). In L. Sullivan (Ed.), The SAGE glossary of the social and behavioral sciences. (p. 159). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412972024.n778
Three main distribution principles:
equity
"outcomes are proportional to contributions, especially in comparison to another individual"
equality
"all recipients receive the same level of outcomes"
needs
"outcomes commensurate with needs"
Distributive Justice
Hegtvedt, K. (2005). Distributive justice. In G. Ritzer (Ed.), Encyclopedia of social theory. (pp. 207-211). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412952552.n82
Rooted in Aristotle's ideas of justice
"treat equals equally and unequals unequally"
i.e. "justice should be proportional and comparative"
Proportional: "people's deserts (positive outcomes such as rewards, honors, prestige) should be in proportion to what they contributed (e.g. effort, ability, expertise)
Comparative: people "compare their outcomes (commensurate to contributions) with others')"
Distributive Justice
Hegtvedt, K. (2005). Distributive justice. In G. Ritzer (Ed.), Encyclopedia of social theory. (pp. 207-211). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412952552.n82
Compensatory Justice
Baird, C. (2008). Justice, compensatory. In R. Kolb (Ed.), Encyclopedia of business ethics and society. (pp. 1215-1217). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412956260.n455
Focuses on "making a person whole after a wrong by another person"
Must determine value of the loss or damage
"damage to a reputation, pain and suffering, and loss of expected benefits"
Distributive Justice
Three conditions required
"action that caused the injury was morally wrong, legally prohibited, or negligently committed"
"action must be the real cause of the injury"
"injury was inflicted voluntarily"
Baird, C. (2008). Justice, compensatory. In R. Kolb (Ed.), Encyclopedia of business ethics and society. (pp. 1215-1217). Thousand Oaks, CA: SAGE Publications, Inc. doi: 10.4135/9781412956260.n455
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