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Theory Of Justice Analysis

1243 words - 5 pages

Theory of Justice Analysis
Conception and reality often clash when applied to everyday. In the most optimal society justice is served by punishing criminals so that law abiding citizens can live their lives in peace. The reality is that criminals receive punishments that are less than justice demands and the non-criminals are cheated. This short paper examines justice theories, the utilitarian view, modern justice view and the security based justice. It is important to consider individual justice, mob justice and societal justice as separate institutions. To better understand these institutions the next section explains justice theories.
Justice Theories
In this section two types ...view middle of the document...

Before the current recession there were three class upper, middle and lower. Now there are only two the upper and lower. While being in the lower class may be undesirable it is not feasible for an upper class only. There must be individual who are willing work to produce for the upper class while receive some marginal benefit for themselves. This type of justice can be considered societal because it governs the entire American culture. Libertarianism is different.
The Libertarian view is based on individual liberties and the governing body of society recognizing and protecting these liberties (Ilstu). This equals the individual having the freedom to peruse her goals in life. This freedom includes every person not simply a select few. This type of justice is obviously individualized. A more concrete idea of civil liberties can be found in the Bill of Rights, such as the right to protect her property and your loved ones from harm. Over time the definition of justice has changed to fit societies and social perceptions in some cases.
Justice Theory vs. Utilitarianism
The Utilitarian way of life is based on laws and institutions that promote the greatest overall or average happiness for its members (Ilstu). The concept of happiness is not concrete but rather a shifting idea based on human perception. Within this idea the theory of human good and the social conditions to realize that good are highlighted. Human beings have basic needs that must be met in order to survive in life. Maslow created a hierarchy of needs and suggested that humans will do whatever it takes to meet their needs. The means can be either legal or illegal (Huitt, 2007).
There is a dividing line between needs and desires. Needs are fundamental factors required for continuation of human life. Human needs include: food, shelter, clothing, safety, and companionship. Desires are driving concepts within human nature to achieve a certain goal. This goal is not necessary for sustaining human life; however, it is a means to make human life better. For instance an impoverished child within an unstable home may strive to be a dominator when he grows up to gain control over life situations. This would be his ideal future but it would not be ideal for significant others in his life. These individuals may feel oppressed. In this aspect the Utilitarian view of justice flawed because human happiness is a desire and not a need, therefore, consensus is impossible.
Modern Justice Definition
The Criminal Justice System is composed of three parts: law enforcement, the courts, and the incarceration network. Legislation is the basis for conduct in society. Laws are designed to state the permissible and the unacceptable behavior of a society’s members. Law enforcement consists of police, special task force, Federal agents, Central Intelligence agents,...

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