Foundations of Justice

126 views 9:01 am 0 Comments September 18, 2023

 

 

 

 

 

 

Discussion

Student’s Name: Regina Schaening

Institution’s Name: ACAP 2023T2

Course Title: JALE1044 Foundations of Justice

Date of Submission: 13 June 2023

 

 

 

 

 

 

What Justice Is and Why It Is Difficult To Clearly Define Justice

Introduction

It is often difficult to define justice from a single perspective. There is a universal application of the tenet of justice, which, both from the legal and social perspectives advocate for timely delivery of justice. This is primarily because of the maxim that states that when justice is delayed, it is denied. But the notion of justice is, at its very core, ambiguous and this is also because the concept of both legal and social justice is relative in nature, sometimes lacking the universal point of view (in terms of application).

Reference and Analysis

Hinting on the ambiguous and relative nature of justice, Hayes and Prenzler (2020) have conveyed that the notion of justice is not an equal or unanimous one in the social or legal contexts. In this respect, it can be said that the meaning of “justice” can vary for individuals depending on the circumstances. To the average person, it often signifies the appropriate punishment given to a criminal when they are convicted of a crime (Hayes & Prenzler, 2020). However, in the eyes of the media, “justice” tends to imply severe consequences with an emphasis on retribution and deterring others. Additionally, the concept of social justice exists, which can be contrasted with legal justice. This relative nature of justice and the gap between the definition of legal and social justice is often triggered and expanded by disparities of several types that make it difficult for scholars, practitioners, and laymen to define justice in a plausible manner.

 

Conclusion

Hence, under light of the discussion, it can be said that providing a precise and universally accepted definition of justice is challenging. The concept of justice is multifaceted and can be interpreted differently depending on cultural, social, and philosophical perspectives (Karlsson, 2010). Although there are shared principles like fairness, impartiality, and upholding rights, the understanding of justice varies among individuals and societies. Factors such as legal systems, philosophical frameworks, and cultural contexts contribute to the diverse range of definitions and interpretations of justice. Consequently, arriving at a clear and universally agreed-upon definition of justice remains a difficult process.

Personal Reflection

Introduction

In the context of understanding the concept of justice from a relative perspective, several theorists have continued to play a vital role. Among the theorists of the past years, John Rawls has been the one who has influenced my understanding of what justice is and what justice ought to be. Rawls’ view that justice should not be measured or justified from a utilitarian perspective only deserves special mention as such a view is the torch bearer in the path of the advocacy in favour of denoting justice as a relative and not a universal concept. In this regard, I must convey that to me justice is something that can be applicable to all and not only to the majority, meaning that justice should not only aim at envisioning the bigger picture of fairness of the majority, but it should strive to address the concerns of the minority and the marginalized one too (Ekmekci & Arda, 2015).

 

 

Reference and Analysis

Moreover, my view of justice as a means of fairness and not a vehicle for appeasing the welfare and wellbeing needs of the majority only has been related to Rawls’ theory. This is primarily because such a viewpoint and understanding is in alignment with the theory of fairness for all and specifically for the marginalized as proposed by John Rawls. Justice should be viewed as a means of ensuring fairness and a just society must be based on the tenets of equality, equal protection, and equal distribution of liberties (Ekmekci & Arda, 2015). Moreover, as Rawls’ theory advocates for the protection of the rights of the marginalized and the least advantaged members of the society, my view of justice equals to one of the most prominent theories of justice. Furthermore, my understanding of justice is in accordance with the theory of justice that Rawls did postulate and promote also advocates the establishment of an egalitarian society in which justice is perceived through a social contract agreed upon by every member of the society without the interference of the notion of social or economic (as well as political) status.

Conclusion

In conclusion, I must convey that a just society should not be a retributive in nature in the context of imposing punitive measures; rather, a just society should be built upon the pillars of equal access and equal distribution of political, social, and economic resources that ensure the betterment of the most disadvantaged population.

References

Ekmekci, P. E., & Arda, B. (2015). Enhancing John Rawls’s theory of justice to cover health and social determinants of health. Acta Bioethica, 21(2), 227–236. https://doi.org/10.4067/s1726-569×2015000200009

Hayes, H., & Prenzler, T. (Eds.). (2020). An introduction to crime and criminology (5th ed.). Pearson Australia.

Karlsson, S. (2010). Relative Justice? A study of different spheres of justice in post-conflict situations in Africa – the case of Uganda [Thesis]. http://www.diva-portal.org/smash/get/diva2:840417/FULLTEXT01.pdf

 

Assessment 1: Reflective Practice

Not Satisfactory

Satisfactory

Good

Very good

Excellent

Content (20%)

Answers the question: can justice be defined?

X

Provides a personal reflection on what justice is to you and how this compares to the theory

X

Structure (30%)

Each paragraph has one clear main idea

X

Each paragraph conforms to the TEEL format

X

Academic writing (30%)

Formal language is used

X

Sentence structure, spelling and punctuation is accurate

X

Uses first- and third person appropriately

X

Format and referencing (20%)

In-text referencing follows APA 7 style and is accurate

X

Reference list follows APA 7 style and is accurate

X

APA7 presentation guidelines followed

X

Word count is within 10% of requirement

Yes

Mark: 17 out of 20

Mark: 85 out of 100

Marks Deducted:       % =       marks

Reason:      

Final Mark (after deductions): 17 out of 20

Hi Regina,

Well done on getting your first assignment in for JALE1044! This is a good attempt at answering the question, ‘can justice be defined’ here. Largely very good understanding of Warren’s work, that demonstrates meaningful engagement with her whole work – but it’s a bit confusing to see you cite Hayes and Prenzler for some of the ideas that seem to be from Warren’s speech. The topic sentence addresses the answer effectively, and your explanations are often quite good, but there could be some editing of the structure to be two paragraphs rather than three per section. I think this would have lead to a more focused work with more space for examples. Your personal reflection is excellent in terms of theory, and there is clear linking between Warren’s work and other theory, concepts and ideals about justice we have discussed in the unit. Just would have been good to see a clear example again and some attention to the structure.

Your paragraph structure could do with some work – you want to try and form paragraphs that have a clear topic sentence addressing the point, examples to discuss, with explanations for their importance working toward the point you are trying to make, with a final linking sentence that either links onto the next paragraph, or back to the main point. An introduction and conclusion wasn’t needed for this work. Huge improvement in your writing Regina, but sometimes still long sentences and a little unclear in the expression. Excellent citation list and referencing practices.

Overall, well done! You clearly learned a lot on that other course you did, massive improvement you should be proud of Regina. Try to take this feedback on board for your next assignment – I look forward to reading it!

Best,

Lara

Improvements could be made by:

A review of the Referencing Guide would assist greatly. You can find that here: https://libguides.navitas.com/apa7

If you need any assistance with writing or assessments, please book an appointment with the Student Learning Support Team or browse their website: https://sls.navitas-professional.edu.au/

Paragraphing https://sls.navitas-professional.edu.au/paragraphing-0

Critical writing https://sls.navitas-professional.edu.au/critical-writing-0

Reflective writing: https://sls.navitas-professional.edu.au/assignment-types/counselling/reflective-essay

Grammarly link https://sls.navitas-professional.edu.au/grammarly

Second marked: 28/06/2023

Dr Rachel Joy

Congratulations Regina. Keep up the excellent work!

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