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CEV 2ESO - 19 Justice as fairness - Contenido educativo
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Justice as fairness
What is justice? Have you ever wondered what this concept means? For example, how
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should we make our rules in society, our laws, so that they are just? Is there a
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right procedure to make legislation that guarantees that these laws are going to
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be fair and just? The American philosopher John Rawls created a theory
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of justice to answer this important question. He created a model, a procedure,
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so that we could create rules that are fair and just for everybody. His theory
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is quite abstract, so let me explain it with an imaginary example. Imagine that
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a great inventor has created a machine that can destroy you and transform you
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into a completely different person. This revolutionary machine works like this.
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You enter the machine, you press a button, and then you disappear, and immediately
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you reappear. You reappear in another body, so maybe you are someone of a
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different age, of a different gender maybe, of a different religion, of a
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different wealth. You don't know who you're going to be after going through
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this machine. How can this machine help us to create just norms? Imagine that we
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use this machine in the process of making norms. Let's make the norms
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following this procedure. We're going to talk, we're going to discuss, and we're
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going to make the laws, finding an agreement after we talk. But later, once
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that we have created the law, everybody must go through the machine. So you don't
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know who you're going to be when the law will be applied. How would this
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change your way of making the law? If you really don't know who you're going to be,
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would you make a law that discriminates people? It would be quite stupid, because
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you might be one of them after going through the machine. So our law would be
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fair, because you don't know if you are going to appear in the body of someone
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who has problems, or who has health problems, or who is poor, or who has a
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different gender or race. Of course, John Rawls didn't speak about this machine. In
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his book, The Theory of Justice, he proposed a model, though that is quite
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similar. He said, if we want our laws to be just, we should try to make them with
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equity. And this can only be done if we create the law under a veil of
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ignorance. What is this? A veil of ignorance means that you don't know who
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you really are. So instead of making laws that benefit you or the group you
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belong to, you should forget, make an effort to ignore the kind of person that
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you are. Imagine that you don't know who you are, and then try to make the rules
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forgetting the particular group you belong to. If you do that, the laws will
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be fair. This imaginary situation in which everybody makes a law under a veil
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of ignorance, meaning not taking into account their particular interests or
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circumstances, is called by John Rawls the original position. So what he says
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in his book is, the law will be fair and just if it is made under a veil of
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ignorance in the original position. Because in this case, we will take into
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account all different perspectives, and we will not try to favor our particular
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standpoint. How would a certain law look like if we do it following this method?
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John Rawls thought that the law that is done under a veil of ignorance and in
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the original position will have two characteristics. It will follow the
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principle of equality, and also it will follow the principle of difference. The
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principle of equality says that we will make rules that treat people with
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equality, with equity, that give equal rights, benefits, and freedoms to
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everybody, that give the same opportunities to everybody, regardless of
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the group they belong to or of their particular circumstances. But there is
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also a principle of difference, because if we make the rules under a veil of
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ignorance, we will try to favor specially disadvantaged people in order to
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reestablish equity. Now, it is important that you realize that the law made
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according to this procedure need not be an absolutely egalitarian law. For
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example, if we make the law like that, it is not necessarily that everybody
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earns the same salary. That's not what Rawls is saying. Certain degree of
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inequality would be acceptable, says Rawls, but it should be according to one
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principle. Inequalities would be fair if they benefit everybody, not just the
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privileged, but also the people that are worst off. For example, in society, it
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would be fair to pay a higher salary to those people that need an important
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effort in order to learn an important job. For example, if they want to become
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doctors or engineers, this takes a long time studying and it requires personal
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sacrifice. So it is fair that they receive an extra amount of money in
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their salary if they decide to work as engineers or doctors as a compensation
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for this personal effort, personal sacrifice. But this is not unfair. If we
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pay extra money to doctors or engineers because they worked harder, that is not
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unfair because it benefits everybody. Having engineers and having doctors is
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beneficial not just for them, but for all society because their job can help also
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disadvantaged people.
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- Idioma/s:
- Autor/es:
- César Prestel
- Subido por:
- César Pedro P.
- Licencia:
- Reconocimiento - No comercial - Compartir igual
- Visualizaciones:
- 5
- Fecha:
- 21 de julio de 2023 - 12:31
- Visibilidad:
- Público
- Centro:
- IES CERVANTES
- Duración:
- 07′ 20″
- Relación de aspecto:
- 1.78:1
- Resolución:
- 1280x720 píxeles
- Tamaño:
- 115.99 MBytes