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Soc 360 - October 9th 2012.doc

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SOC 360
Darrell Mc Laughlin

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Sth 360 October 9 2012 1 Week 5: − Modern Social Justice − Distributive Justice − Transformative Justice   St. Thomas Aquinas and Natural Law  Justice grounded in natural law and discovered through enlightened reasoning or divine will; ◦ based upon some criteria that humans cannot fully know ▪ an ongoing pursuit to try and concern this justice ◦ “…a habit whereby a [person] renders to each his or [her] due by a constant and perpetual will” ◦ General Justice (legal justice) ▪ An unjust law is not a law ◦ Particular Justice ▪ more directly related to divine will ▪ Commutative Justice – relations to one another (relations with one another) ▪ Distributive Justice – Rewards based on status in community.  Debated at the time, what people are rewarded for, what should be recognized Justice in Modernity  Thomas Hobbes ◦ Secular social contract to overcome the war of all against all; ◦ only way we get stability is through a social contract ▪ we agree to not kill others, they agree to not kill us -- cooperation  John Locke ◦ Recognizing the rights of others – life and liberty; influential in the classical liberal tradition; ◦ life and liberty for the higher classes ◦ property rights – involves people with property  Immanuel Kant ◦ The rational human being – separation of mind and body; the just state is a product of the collective will; ◦ bigger role into how justice gets played out ◦ the will, the minds of the collective, defines what is in the best interest of the group  Jean-Jacque Rousseau ◦ connects to Hobbes Sth 360 October 9 2012 2 ▪ but does not see people as being in conflict but actually cooperative relations before society emerge; ▪ socialization is how conflicts takes place ▪ inequalities come out of private property – injustice  Need the social contract to deal with inequality and private property and binding together for the “common good” through consensus. ◦ Social justice becomes connected with the common good ◦ have to give up resources for the common good More Recent Modernists  John Stuart Mill ◦ Inductive Justice through recourse to our senses and internal consciousness; happiness, property and liberty; just deserts but includes asocial institutions beyond the market ◦ if something interferes with happiness, property, or liberty it interferes with justice ◦ needs to be a body or institution beyond the market that interferes with justice ▪ military, police ... ect  John Rawls ◦ Two principles of justice in a social contract – right to equality and inequality that serves the common good (the difference principle). ◦ Global social justice ◦ preferential option for the poor, Catholic social thought ◦ right for quality amongst society – equality of treatment ◦ inequalities that do exist should serve the common good (the poor) ▪ everybody should pay taxed equally, except for the poor! ▪ The difference principle  Jurgen Habermas ◦ Materialization of ideal speech situation through rational justification and consensus under specific conditions; not always possible but strive towards; ◦ contemporary ◦ communication (ideal speech) everybody that has a stake in what is taking place should have voice present ▪ in outcomes and policies that are present ◦ people should be free to speak – speak as equals – ideal speech situations ◦ recognizes that it is not always possible, but it is something to work towards ◦ national, regional, and global levels  Ronald Dworkin Sth 360 October 9 2012 3 ◦ Distinction between rule (an all or nothing position) and principle ( a standard that should be applied); Judges decide what is justice in the context a society wide morality at a given time. ◦ Rule: ▪ Access to education, paying your taxes ... ect the rule is there ▪ ethics ◦ Principle: ▪ guides decision making around certain behaviours ▪ where judges come in ▪ if a principle will come into law/rule ◦ Feminist Ethic of Care  females weren't given the same level or respect or prominence until the 70s  Carol Gilligan ◦ care as an alternative to an ethics of responsibility (contractual); abstract reasoning (universal) versus concrete (particular) reasoning through socialization; ◦ alternative to the public sphere (care)  Grace Clement ◦ ethic of justice (formal law and organizations) and ethic of care (relational factors) complementary to one another. ◦ Because women are socialized in a society full of male influences and commitments we need to pull this apart  Feminist are in the roles of principles not rules  the feminist pull apart the formal justice, they make the informal parts obvious Justice and Social Structures  Social Justice as the impact of social structures upon our ideas of justice; ◦ things we can refer to as institutions. Institutions are human creations, people create and change them, but institutions are resistant to change ◦ they seem to take on a life of their own, they are independent of peop
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