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Chapter four in Sandel’s book “Justice” talks about markets and morals. In this chapter we consider the morality of paying people to perform different types of work such as fighting wars and bearing children. The question that stands is whether there should be a market, when money is involved, to the aspect of morality. One good example that Sandel portrays in this chapter is “Pregnancy for Pay.” Thinking through the rights and wrongs in this example helps clarify the differences among leading theories of justice.…
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Every case starts with an alleged crime. In the Sandoval case, the crime was murder. Sandoval was soon put into the system after he was arrested. After the arrest, Sandoval would have been book and then gone to his first appearance hearing where he is informed that he was getting charged with first-degree murder. Next would be the preliminary hearing where the defense would have received an arraignment, formally charging the suspect of the crime and asking what his plea is. Some states do not have a preliminary hearing system so they would use a grand jury system. The defendant can plea guilty, not guilty or no contest. The prosecution must establish probable cause to the judge by showing that a crime occurred and that the accused cause that…
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They had all heard the same case, but due to the vast differences in their personal lives, they had all come to different conclusions. With two very strong willed and different individuals arguing, I found it surprising that they had managed to reach a point in which they decided a compromise was best. The idea of compromise, however, brought something completely different into account, the relationship of law and justice. The distinction between the two is very interesting, what really draws the line between the two? Does justice appeal more to emotion and law more to logistics? If that’s the case then how can someone reasonably mix the two in order to get a fair punishment if one is…
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Through the study this term of the central text, To Kill a Mockingbird by Harper Lee, and related texts, films Rabbit Proof Fence by Phillip Noyce and In the Name of the Father by Jim Sheridan, my understanding of the concept of justice, or what constitutes justice, has altered considerably. We all think we know what justice is, or what it should be. In Australian colloquial terms, it is the principle of a “fair go” for everyone. In a perfect world, everyone is treated fairly. No-one is subjected to discrimination on the basis of race, religion, ethnicity, sex or disability. But the reality is that the world we inhabit is far from perfect, human beings are by their very natures incapable of perfection, which is why we have strict laws governing political, social and criminal justice. These laws are to protect us from others who wish to see us disadvantaged and to ensure that justice is done. What I have learnt from the study of this concept however, is that justice (or the carrying out of justice) is entirely relative to time and place; that is, an individual’s perception of this concept will largely be determined by the political and social context in which s/he lives.…
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This essay aims to argue the views of two different theorist, Jeremy Bentham and Immanuel Kant, with regards to their views on moral worth of an action. The idea of good and bad creates heated debates among many, but this essay will successfully unravel the layers of Bentham’s theory of Utilitarianism and his belief that all our motives are driven by pleasure and pain. While arguing Kant’s opposing argument that moral worth of an act revolves around democratic attitudes, and that moral truths are founded on reasons that is logical to all people. When one breaks down both theories, it occurs that Kant’s theory comes out to be the more sensible one in numerous aspects.…
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8. Does Bentham endorse utilitarianism as a view about personal morality, or a view about…
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Bentham argues about the pleasures and how we might or might not be hurting. He states “It is for them alone to point out what we ought to do, as well as to determine what we shall do.” (Bentham PowerPoint). What this means is that we all know what we have to do and what we think…
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Utilitarianism is the ethical theory that believes one should do what will promote the greatest utility for as many people as possible, that utility is often considered to be happiness or pleasure. There are different kinds of utilitarian views; hedonistic, preference, rule, and act to name a few, but they all have the same main objective. This theory does indeed seem good at first, but it is flawed. The case of the lonesome stranger challenges utilitarianism by bringing up issues of justice in different kinds of utilitarianism. The lonesome stranger is a persuasive argument to utilitarianism, showing problems pertaining to justice.…
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The relationship between justice and the law is one that has been debated for hundreds, if not thousands of years. Many theorists have attempted to explain the exact characteristics of this relationship in order to outline a system of just law. However, this relationship is far too intricate for any one theory to dominate the field. The values used to formulate a system of just law are often times based upon personal preference, unseen biases, or self-motivation. Law is such an intrinsic facet to so many different aspects of life that finding a theory of justice capable of covering the entirety of law is impossible. The fact is that, man has neither the impartialness nor the capability of creating such a complete theory. Without a complete theory for application we are forced into using elements from several theories to debate even the most minuet topics of just law. The issue that arises when using several theories at once is the inherent contradictions that can be found when comparing and contrasting them. Every theory has a theorem which is used to outline its most basic principles. With the vast number of theories it is only rational that contradictions occur.…
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As described in “Introduction to the Principles of Morals and Legislation”, Bentham held that government, morality, and life should be concentrated around "the greatest happiness principle." He said that pleasure and pains…
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In your response, make detailed reference to your prescribed text and at least ONE other related text of your own choosing.…
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Is the glass half full or half empty? I'm sure most of you have been asked this question before and I'm sure everyone in this room has a different answer. This is because 'truth' is relative, it is personal. Some might say half empty and some may say full, depending on our circumstances.…
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Bentham lived in an era of great social and scientific change and unrest; he wanted to produce a modern and rational approach to morality. He was hedonist and believed that humans naturally pursued pleased and tried to avoid pain, he created the hedonic calculus in which happiness is measured with seven different elements including duration of happiness, the intensity of it and the purity of it. His theory is also known as the act utilitarianism – this is the belief that solutions to situations might change depending on the consequences of the act. He says ‘by…
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In A Critique of Utilitarianism, Bernard Williams argues that when following a Utilitarian approach for moral dilemmas, Utilitarianism might have us sacrifice or modify our moral integrity. Williams explains this argument with a hypothetical execution situation with protagonist Jim. Jim, who is a botanical expeditionary, accidentally wanders in the central square of a small South American town. There, he finds twenty Indians tied up in a row, with several armed soldiers standing in front of them. The captain in charge of the soldiers, Pedro, is ready to execute the Indians for protesting against the government. However, Jim is a foreigner and is honored by the captain. Because of this special occasion, Pedro gives Jim the option to shoot and kill one Indian. If Jim accepts, the other nineteen Indians can go free, if not, Pedro will shoot all twenty like intended. The Indians beg Jim to accept the offer and shoot one of them. Now, Jim is faced with a difficult decision whether to shoot one Indian or let Pedro shoot all of them. What should Jim do? It is not sure what the right course of action is, but four different theories could help him decide. These theories are: the Divine Command theory, Cultural Relativism, Kantianism, and Utilitarianism. In this paper, I will present these four theories and their suggestions for Jim’s right course of action, the faults in these theories, and how Utilitarianism is morally correct in this case.…
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According to Shea (17) the utilitarian model of decision making process is similar to the concept of majority rule whereby each group members has the right to vote. This idea can be an indication that the majority of people can decide to vote against what is ‘deserved’ provided that their decision maximizes happiness and minimizes suffering. As such, when the preferences of a moral system chooses utilitarianism that endeavors to maximize utility usually less suffering and more happiness, could cause the unjust treatment of weak and voiceless people in the society for the sake of general happiness as a result of majority rule that ignores the minority. Therefore, the concepts of utilitarianism and justice are countercurrent to each other and utilitarianism cannot accommodate the concept of justice…
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