Examine the important concepts relating to justice and/or law and punishment Justice is about treating society fairly and equally. The government uses its authority to distribute a number of goods in society. The question of how these goods should be shared out comes under distributive justice. This is partially solved by the idea of a social contract which is described as “A minimalist theory of rights in which the individual is understood to be morally bound only by the ‘don’t harm me and I won’t harm you’ doctrine” Within justice there are two many lines of argument, individualist and communitarian theories. Ethicists use these two theories to argue whether the community or the individual is more important, question whether we should follow distributive justice should society just focus on protecting themselves without harming other people?
He believed that the government had an obligation to protect the citizens natural rights. But that was the only reason that the government existed, and if the people believed that the government was not fulfilling this task, they could overthrow him and find someone new. John Locke believed that good and evil, reward and punishment, are the only motives to a rational human being. These are the guidelines by which all
As such, the law is entitled to create laws that protect the society even if it means infringing on an individual freedom to make his or her own decisions. Hart on the other hand, argued that people’s right to freedom, to act as they deem fit, should be upheld and the only justification for infringing on that right is when the behaviour causes harm to others. This paper argues that an individual’s freedom of choice, to act as
Galt communicates that the evil of the world is made possible only by the sanction of the victim, and that individuals must withdraw their sanction. People must understand that they are enslaved and they must be able to identify their enemies. Galt states that the individual has sole control over his or her own happiness, with no one else to blame problems on, “No one’s happiness but my own is in my power to achieve or destroy” (786). This philosophy completely rules out the popular looter slogans of, “I couldn’t help it!” (523), and “They made me do it!”
To prevent repetitive “state of war”, Locke claims the “social contract”. This is when human being is giving to government their consented natural right to protect themselves. Thus societies constitute the government and the government are protecting people with
The idea of legal paternalism in ethical reasoning is somewhat of a kind gesture from the Government to try to help individuals from themselves in the assumption that those individuals do not know what is best for them. But, forcing individuals to paternalistic laws in order to protect them is limiting their natural born rights and is unconstitutional. The Government must respect people's choices because respecting individuals choices manifest a respect for them as liberated individuals protected by the constitution of the United States. Government should not interfere with people's personal lives; because
“No government can exist in peace , except such laws are framed and held in violate as well secure to each person the free exercise of conscience, the right and control of life.”The most important single function of government is to secure the rights are not and freedoms of each and every citizen. Thomas Paine explained that “Rights are not gifts from one man to another, nor from one class of men to another. It is impossible to discover any origins of man,it consequently follows that rights appertain to man in right of his existence , and must there fore be equal to every man”{P.P.N.S. Page
Nations need and use constitutions in order to help them put the workings of government into practise, whether it is a codified or uncodified constitution. Many factors, social and economic as well as the countries political culture affect whether a constitution will work and therefore matter to that country. ‘The age of constitutions was initiated by the enactment of the first written constitutions, the US constitution in 1787and the French Declaration of Rights of Man and citizens in 1789’. There are several different types of classifications. Although every constitution is a blend of written and unwritten rules, the balance between them varies.
However, freedom also has its limitations it may not interfere with other privileges or rights. In order to maintain Jefferson’s philosophy on liberty, a compromise must be made between freedom of expression and censorship. Although people are promised by the Constitution a right to freedom of expression, there are certain boundaries which are never to be crossed. It is the responsibility of the government to preserve the law while supporting the people; for the U.S. democracy is run by consent of the people. A prime example of this controversial issue is the system of television ratings.
“ Laws are made not to be broken, but to curb our savagery” - Toba Beta According, to Toba beta, “ Laws are made not to be broken, but to curb our savagery”. This thought shows how laws play a major role in human’s life. If there are laws made for people, there are some limitations and restrictions(DC,IC). Its limits person’s activities. Limitations stop an individual from doing inadequate things and protect us from evil.