Justice

1. Justice

2. Lady Justice • Themis: Greek goddess • Themis did not wear a blindfold • Carries scales and often a sword • Is believed the blindfold was added by a 16th century German artist in irony • May be Roman goddess Justicia who once settled a dispute among gods while blindfolded

3. Lady Justice The Arkansas Judiciary home page containsthe following quotation: "Justice is justly represented blind,because she sees no difference in theparties concerned. She has but one scale andweight, for rich and poor, great and small.Her sentence is not guided by the person,but the cause.... Impartiality is the lifeof justice, as that is of government." -- William Penn

4. Justice-Definitions • Fairness or the quality of being just • Equity or the principle of moral rightness • The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law Justice = Fairness

5. Expressions of Justice • Retributive Justice • Compensatory Justice • Distributive Justice

6. Interpreting Justice • Justice is comparative • there is no absolute justice • justice is relative to the persons, resources, and situation at hand • Justice often, but not always, entails equal treatment • may require equal, or unequal, treatment Insured drivers vs. people standing in a line

7. First Rule of Fairness • Treat equally those persons who are equals and treat unequally those persons who are unequals. Tells us what it means to act justly

8. Second Rule of Sameness • Persons are equals, unless there is some inequality or difference between them that is morally relevant to the situation at hand.

9. Retributive Justice • Fair punishment practices • Examples: • State Legislator: Capital punishment • Court system: sentences for convicted criminals • Teachers: punishment for late work, cheating • Guided by laws and formalized interpretations • It is fair and necessary to punish people for their wrong or unsatisfactory behavior

10. Compensatory Justice • Fair reward practices • Equitable reward of individuals or groups for their achievements • Benefiting individuals or groups because of disadvantages • Determined by legal limits, social interpretation, or other moral values

11. Compensatory Justice • Senate Pay Raises • House voted 276-147 to receive a cost-of-living pay raise exceeding $4,600 • There was almost no discussion of the increase • Most House members and Senators have earned $136,700 annually • Affirmative Action

12. Distributive Justice • Fair allocation practices • how the benefits and burdens of a society are passed out • Examples: • Who gets medical resources? • Who pays the most federal income tax? • Who gets more of teachers time? • Resources = money, goods, and services • Fair distribution is important due to limited resources

13. Tax Refund • Sen. Tom Dachle, D-S.D. said the tax cuts proposed for the rich would enable them to buy a Lexus, while the tax cuts for the poor would enable them to buy a muffler for a used car • Richest 1% : tax cuts average $46,000 • Poorest 20% : tax cuts of $24

14. Tax Refund • In 1998 • Top 1% (>$250,000): paid 33% of the taxes • Top 5% (>108,000): paid 52% of the taxes • Top 10% (>79,000): paid 63% of the taxes • Top 25% (>$48,000): paid 82% of the taxes • Social Security • Rich are taxed hundreds of thousands of dollars more in present value than they will ever receive in benefits “Do the Rich receive more in government services than others? Of course not. They get the same bloated out-of-control federal government as the rest of us.” -Alexander Tabarrok

15. Conflicts Involving Justice • Is a difference morally significant • Acting justly may interfere with other values • Justice should be based on moral values as well as similar circumstances

16. Justice: do it!