Posts Tagged ‘justiça’
Essence, fairness and ethics
10
Feb
When discussing the “good life”, a classic concept that Paul Riocour takes up in his reflection
on fairness, he links it to classical philosophy where “it is “the desire for a ‘good life’ with and for others in just institutions”, and there are problems in democratic institutions, because the concept of being has been abandoned.
The reflection we made on the question of Being in Heidegger, we left a link to what is essence thought of as acting, where the concrete universal differs from the conceptual or representational universal, acting is a question and cannot be reduced to the concept , then it involves an interiority, and not just a subjectivity or objectivity, as Hegel wanted.
Thus justice depends on the Just, who questions and corrects his actions, in this consists the Platonic dialectic, seen as the art of thinking, questioning and organizing ideas (Greek eidos), and this implies correcting the action by thinking, not just punish, but modify thinking about action.
We cannot just question the legal aspects of justice without each man, including those who have committed crimes, being able to rethink and act anew in the conduct of his own life and life with others, of course there are repeat offenders, but both the norms for this are clear, for correction no.
What is fundamental in Hegel’s ethics, and this urge permeates Rawls’s thought, is that we must always choose between two evils, when it is possible to correct both the lesser evil (from which greater evils originate) and the greater evil in order to rethink society. and justice, including the distribution of social goods.
In the long speech of Jesus to his disciples in Mt 5,17-37, he explains that their justice should be superior to that of men, he begins by explaining that he did not come to abolish the law and the prophets, but to give it greater amplitude, then he explains about not killing, and says that even those who are angry against their brothers are already sinning, in short, they give each “legal” teaching greater depth, and thus it is not mere legalism, but the full fulfillment of what is just.
Those who condemn the norm, and remember only the fact that the Pharisees did not allow Jesus to heal and do good on the Sabbath, undoubtedly a hypocrisy, cannot forget that for Him there were “divine laws”, which corrected human action and that the modern society wants to abolish.
Full freedom also means full justice, and there is no just society without just men, it is necessary to educate them, this has been thought since Plato.
What is fair, how did this concept develop
07
Feb
All contemporary tension involves something beyond politics and economics, the tension
over the conception of social contract and power.
The concept of justice is linked to modernity by Contractualism, through construction from the thought of Thomas Hobbes through John Locke and Jean-Jacques Rousseau, they take man out of his natural state and exercise him to live in society, they will differ in this way on the concept of who man is: evil by nature and must live under guardianship, he is influenced by society and develops in it, or he is a “noble savage” that society corrupts.
The set of natural rights and the theory of the state of nature is what is called jusnaturalism, whose problem is that the state of equal rights generates conflicts and the state must arbitrate, but in modern society it is together with the liberal utilitarian thought .
Thus, they are all linked to a social contract established by the state, and the first major criticism is made by Hegel, which he will understand by general will is a pure, idealistic concept, maintained in a rational instance, above any agreement or contract.
Max Weber will make a deeper reform by differentiating domination from power, since domination is the acceptance of power that can be given in three ways: legal, traditional and charismatic. However, in none of them the use of force is dispensed with and the social question is not always remembered.
John Rawls develops and re-elaborates a Theory of Justice based on classical contractualism, determining the rights and duties that must be carried out in order to carry out the so-called “cooperation of peoples” and offers contributions to the social issue that is a source of conflicts.
However, current theorists such as Emmanuel Levinas and Martha Nussbaum, question each one in their own way, if the social contract does not have a serious limitation, Nussbaum points out, for example, the problem of people with mental or physical disabilities, the problem on the issue of animals and forests.
Levinas starts from the ethical requirement that exists in Rawls’s work to elaborate the idea that we must refuse the temptation to impose our will and strive to establish peaceful compromises, and thus rejects the idea of the state as having a monopoly on violence and power, in a certain way. sense, it also re-elaborates the issue of domination and power, central to Max Weber.
Lévinas, E., Humanisme de l’Autre Homme, (1973) (Montpellier : Fata Morgana, 1972).
