Premium Essay


In: Philosophy and Psychology

Submitted By Chiyedza
Words 2185
Pages 9
© Michael Lacewing

Ra wls a nd No zick on jus tic e
John Rawls’ theory of distributive justice (A Theory of Justice) is based on the idea that society is a system of cooperation for mutual advantage between individuals. As such, it is marked by both conflicts between differing individual interests and an identity of shared interests. Principles of justice should ‘define the appropriate distribution of the benefits and burdens of social co-operation’. (p. 4) Justice is the most important political value and applies to the ‘basic institutions of society’ – the political constitution and the institutions that regulate the market, property, family, freedom, and so on – because it is intimately connected to what society is and what it is for. If society is a matter of cooperation between equals for mutual advantage, the conditions for this cooperation need to be defended and any inequalities in social positions must be justified. And so the principles of justice, Rawls thinks, must be ‘the principles that free and rational persons concerned to further their own interests would accept in an initial position of equality as defining the fundamental terms of their association’ (p. 11). Justice, then, is fairness.
What are the terms of the ‘social contract’? What principles of justice would we agree to in this situation? For our agreement to secure a fair, impartial procedure, we need to eliminate any possible bias towards, say, the rich or the poor, or the religious or the atheist. So, argues Rawls, assume that we are to agree on these principles without knowing what our position in society will be or what our idea of the good is. The point of this ‘veil of ignorance’ is to ensure that no one is advantaged or disadvantaged in the choice of principles by the outcome of natural chance or the contingency of social…...

Similar Documents

Free Essay


...described, as lawyers, were the orators of ancient Athens. Even in this time, law was a complicated process. Law, required individuals, to plead their own cases without the help of an outside source, but this law was soon bypassed by the increasing need of people to ask a friend for assistance. Later on there was an Athenian rule (law) that no one could accept a free to plead the case of another, but this rule (law) became hard to enforce and in most cases was ignored. In Ancient Rome this same law was abolished, but the fee on could charge to represent another was limited. In early Rome, they trained more in rhetoric, instead of law. The judges in this time were also not law trained. Romans were the first class of people though, who spent their days thinking and studying about legal problems. The people who did this were called juriconsults. In the middle Ages men became experts in what is called canon law, but only to further their occupational goals. Canon law is the body of codified laws governing the affairs of a Christian church, (websters, 2010). From 1190 – 1230, men began to practice this canon law as a profession. In 1231, two French councils mandated that lawyers had to swear an oath of admission before they could practice law as a profession. The civil courts in England also took this oath of admission into their law practice and in 1275, lawyers were punishable if found guilty for acts of deceit. In England in the 1200’s, lawyers were called......

Words: 514 - Pages: 3

Premium Essay

Life as a Lawyer

...Life as a Lawyer Life as a Lawyer 10/29/2012 10/29/2012 Ferguson, Kenworth Ms. McClain Ferguson, Kenworth Ms. McClain Contents Introduction 2 Typical Career Path 3 Trends 4 Salary Information 4 Skills Used 5 Employing Organizations 5 Multicultural Aspects 6 Becoming Employed 7 Typical Job Notices 7 Work Conditions 8 Education/Training 8 Certificate/License 9 Affiliations 9 Outlook 10 Lifestyle Impact 10 Conclusion 11 Introduction A lawyer, according to Black’s Law Dictionary, is “a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law” (Black, 2009). Lawyers are a part of the system of rules of conduct established, by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice (Wikipedia). Also, lawyers conduct criminal and civil lawsuits with a broad range of other topics They prepare legal documents in order, to prepare any upcoming assignment to advise clients on legal rights, and practice other phases of law. “Lawyers, also called attorneys, act as both advocates and advisors” (Statistics, 2012). They represent clients on all levels from courts or before government agencies. The main task of a lawyer is to gather evidence to defend clients or prosecute defendants in criminal or civil litigation. According to the Occupational Handbook, “as advocates, they present one the parties in......

Words: 3225 - Pages: 13

Free Essay

Steps to Becoming a Lawyer

...times a year, in February, June, October, and December. It is recommended that one take the test in February or June in case a retest is needed. In order to be considered for acceptance into law school, one has to take the LSAT by December of the year prior to the start of the fall semester in which the student will be attending law school. One must preregister to take the test, and a fee of $127 is required in advance of the test. Once the test is taken and one has passed all of the background checks, future interests and extracurricular activities review, and been accepted to a law school, the journey begins. Law School Many people say that the first year of law school is the most difficult. Law school teaches students to think like a lawyer. The schools do this through the appellate case method developed by Christopher Langdell of Harvard Law School in the late 19th century. (Legal Careers Search, 2011) The first year workload is very tedious but set in a fast-paced environment. Students are required to brief hundreds of cases. A case brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail. (Wikipedia, 2011) In the first year, students are assigned thirty pages per credit hour, which works out to be about 450 pages per week to read and brief. (Schmoke, K. 2007) To handle this amount of reading, students must quickly learn how to read and comprehend complex material. The......

Words: 1233 - Pages: 5

Free Essay

Lawyers Are Made Not Born

...Lawyers are Made not Born by: Kristina C. de Vera To enter Law school is probably one of the toughest decisions one will ever make. First thing that come to our minds when we thought of studying Law is its difficulty. Frequently asked question for law students is “Is it really hard?” The answer would always be a YES but it’s fun. Actually it’s more exciting than you’ll ever think. The set-up is entirely different to what we used to during our College years, with the Socratic mode of teaching in law school, where the professors asks you a series of questions that help you to further understand the law and will help you get away with its ambiguity for the law is ambiguous and we have to accept that. At first, you’ll be nervous and that’s for sure. Be sure not to come to class unprepared because once you are called to recite you are like a salami being sliced by professors asking you questions you either don’t understand nor read or heard before. Studying law is not that facile, and we all know that. There were times that you need to suffer sleepless nights studying statutes, digesting cases and reading more than two books just to understand a single provision of the law. Sometimes it may seem that understanding reasons behind each provisions and jurisprudence never fail to make things difficult but when you learn to enjoy what you......

Words: 359 - Pages: 2

Premium Essay

Can a Private Cause of Action Exists Against a Non Lawyer Who Committed the Unauthorized Practice of Law Thereby Hurting the Plaintiff's Case?

...I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter. Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt. Mildred has engaged our firm to evaluate the possibility of filing a suit against Dan based on his statement to her and her reliance on it. She met with attorney, Joe, who immediately ruled out the possibility of suing him for fraud or misrepresentation, because Dan sincerely believed that what he was saying was true. Instead, Mary said to Joe, “Well, Dan isn’t a lawyer. Isn’t it wrong for him to tell me what the Ohio law is when he’s not even a lawyer?” Joe advised Mildred that this firm would research whether a person could be sued for unauthorized practice of law. Issue Based upon Ohio law, can a private cause of action exists against a non lawyer who committed the unauthorized practice of law thereby hurting the plaintiff's case? Rule Ohio Statute ORC 4705.07(A)(3) & (C)(2) A) No person who is not licensed to practice law in this state shall do any of the following: (3) Commit any act that is prohibited by the supreme court as being the unauthorized practice of law. (C) (2) Any person who is damaged by another person who commits a violation of division (A)(3) of this section may commence a civil action to recover actual damages from the person who commits the violation, upon a finding by the supreme court that the other......

Words: 1840 - Pages: 8

Free Essay


...CURRICULUM VITAE PERSONAL PARTICULARS Full name: Huynh Thi Yen Date of birth: 06/02/1984 Place of birth: Phu Yen Town Sex: Female Marital status: Single Address: 1225/12/3 Huynh Tan Phat Street, 3 Quarter, Phu Thuan Ward, 7 District Ho Chi Minh City Telephone: 0919 510 372 Email: EDUCATION - Bachelor of Economics, Faculty of Economic in National University Ho Chi Minh City (in June 2006) - Training Courses: • “Sale Supervisor” - Lux Vietnam • “Sale skill” - AIA Insurance ← “Market Research” (hard skill) - Cimigo ← “Management skill” (soft skill) - Cimigo ← How To Develop and Maintain Rapport ← Using Strategic Thinking To Improve Strategic Planning ← How To Deal With Difficult Customers ← Developing a Time Investment Strategy ← Effective Telephone Conversation ← Effective Planning ← How To Exceed Customer Expectation ← How To Become A Stress Buster ← Negotiating To Win EXPERIENCE • Part Time Job - Account Representative – AIA Life Insurance Co., Ltd Duties: Find customers and Extend Market - Sale Department – Le Phu Co., Ltd Duties: get and......

Words: 398 - Pages: 2

Free Essay

“the Minimata Litigation Is an Example of the Failure of Law and Lawyers in Japan”.

...Introduction: Japan’s tort liability system has been condemned for its shortcomings, including how complex tort cases are treated, such as tort litigation arising from a mass accident or environmental pollution. Although several administrative compensation schemes were adopted in response, they were incapable of addressing cases concerning environmental pollution cases. Instead, the tort liability system has been addressing the limitations of the administrative compensation system despite its defects.The high profile Minamata Case is a great illustration of this. This paper will In essence, the case showed the perception of judges about the unequal bargaining power between victims and large companies and how the Japanese judiciary has helped create a pro-active approach to environmental pollution cases.
 Part I – General Rules of Tort Liability

The operation of current tort liability system is based on tort provisions under the Civil Code and other special tort provisions. 

In case law, the loss claimed by a victim can be compensated with primary remedy of monetary damages if it had a relationship of ‘adequate causation’ with the tortfeasor’s act. 

However, concerning the environmental pollution cases, proving a causal relationship is difficult because the court generally heightens the standard of due care owed to by a defendant company.

Part II – The Pollution-Related Health Damage Compensation System 

Background of Minamata case

The manner of the outbreak is a......

Words: 1441 - Pages: 6

Free Essay

The Beatrice and Grace Lawyers

...and contrasting the characters and/or actions of those characters to demonstrate what you consider to be ethical and unethical actions. The action that I felt was ethical was Jan and his team taking on the case but what as unethical is him not discussing his decision-making without them knowing and as for the lawyers on the other side that they want people to lie to safe the companies face. -- Describe the various stakeholders and their perspectives. The families that loss their children due to them wanting closure by wanting somebody to apologize, the employees and their families because of both factories was their only source of income, the town without the factories would not continue to exist, lawyers on all sides had to put in many hours and spend a lot of money on the case but -- What evidence do you see of considering various stakeholders and alternatives and getting the facts before making decisions by the various characters? The evidence I see is all about getting the data needed to argue the facts at hand. Jan needed more data; he should have gotten all doctors reports and got the EPA involved sooner before going to court. The Beatrice and Grace Lawyers needed evidences to show never was at fought. Alternatives for them were to get their own team to check the land to prove that never was at fault. But Facher, Beatrice attorney, argues that neither the pollution nor its results can be proven. He also angles to separate Beatrice from Grace, correctly......

Words: 900 - Pages: 4

Premium Essay

Limitations to Lawyer Advocacy

...Limitations to Lawyer Advocacy Marshall Odiong Law and Society University of Colorado, Denver Instructor: Marcy Becker 03/05/2013 Introduction It is the ethical responsibility of every attorney that he provides for his client zealous representation during civil litigation yet other have often argued for the need of attorneys to be bound to an even higher responsibility, namely that they should assist judges and jurors in determining the truth during a judicial proceeding, irrespective of the clients need for proper defense. Thus, debates have often been held on issues such as the lawyer’s duty to reveal the truth, the advocate’s role in an adversary system and the conduct of the attorney in fulfilling his role as an advocate. Proponents of such arguments have often mentioned murder, rape, drug peddling and environmental despoliation as some of the crimes that people get away with due to the partisan zeal with which lawyers usually represent their clients (Freedman, 2005). Such arguments further demand that advocates conscientiously make judgments about what impact the client’s conduct would have on public interest thereby restraining their zeal when representing their clients (Freedman, 2005). The Adversary System The adversary system rises from the premise that in order to determine the truth and do justice in a manner that is effective, then two opposing advocates or adversaries should be pitted against each other with the responsibility of mobilizing all......

Words: 1012 - Pages: 5

Free Essay

My Nana, the Lawyer

... My Nana, the Lawyer He asks me my name. I tell him. It’s not as if he forgets, it is just that he never bothered to remember. Committing the names of his nine children’s offspring is understandably a tedious task. “Tell me about Sirhind, nana,” I ask. He smiles, a maze of crow’s feet forming at the edge of his cataract-inflicted eyes. “I went there last night.” My nana’s ‘dreams’ take him to Sirhind Shareef, a place he calls home. Sirhind (the popular name of Fatehgarh Sahib), where there is a shrine of Shaikh Ahmad Mujaddid Alf-i-Sani, was situated in Patiala state, a region between Ludhiana and Ambala Districts. It was the head-quarter of the province under Mughal rule. My nana has never demanded anything from his children. But he asks them to take him to Sirhind, a word he speaks with such longing and love that every syllable seems covered in honey. Perhaps that is why he has started hallucinating. His desire to re-visit Sirhind is so strong, the place where his father had slapped a Sikh who tried to stop a Shia procession and where he had shared loaves covered in ghee with his father’s Hindu business partners. Every night, nana claims that ‘his friends’ in his dreams take him across the border to his home, where he was born in the year 1935. My nana is Chaudhry Muhammad Bashir, one of the most capable and eminent lawyers in Faisalabad. His grandfather was the late Allah Baksh,......

Words: 5579 - Pages: 23

Free Essay

There Are Too Many Lawyers

...Paper 1: Argument Paper There are too many lawyers William E. Foster wrote this article entitled “There are Not Too Many lawyers.” It is an interesting piece, sharing a lot of information. The author pointed to all the benefits that can arise from being an attorney, while underlying several other important factors. He also tried to bring up few points to reinforce his statement. He argued that attorneys have deep working knowledge of the legal system, are skilled specialists and bring a noble value to society. The author focused solely on the abilities of attorneys in general without considering any counterclaim facts. Essential mistakes were made throughout his argument, such as poor formation of paragraphs, use of fallacies, lack of credible sources, absence of counterclaims and conclusion. Although the author may have presented crucial information, after a thorough analysis of the entire argument, the bad points prevailed over the good ones; hence, this argument is weak. A strong argument requires a good structure such as: a clear thesis statement, supporting facts, credible sources, counterclaims, coherence in paragraphs, a good structure, excellent grammar, good use of punctuation, clear introduction, body and conclusion, etc… The writer hardly satisfied any of these attributes. First, he included a thesis statement: “Although of the criticism of the present legal education environment are valid, I disagree that law schools are graduating too many JD’s.” (Paragraph...

Words: 1004 - Pages: 5

Premium Essay


...|1 |Lejla Isic |Case: Rochin v. California, 342 U.S. 165 (1952) page 37 of the Textbook | |2 |Sara Mirkovic |Case:U.S. v. Armstrong, 517 U.S. 456 (1996) page 42 of the Textbook | |3 |Nderim Ferati |Case: Katz v. U.S., 389 U.S. 347 (1967) page 55 of the Textbook | |4 |Amra Džafić |Case: U.S. v. White, 401 U.S. 745 (1971) page 62 of the Textbook | |5 |Valentina Cenaj |Case: Kyllo v. U.S., 533 U.S. 27 (2001) page 65 of the Textbook | |6 |Dajana Grgić |Case: Illinois v. Caballes, 543 U.S. 405 (2005) page 69 of the Textbook | |7 |Refik Čavčic |Case: California v. Hodari D., 499 U.S. 621 (1991) page 76 of the Textbook | |8 |Drilona Cenaj |Case: Terry v. Ohio, 392 U.S. 1 (1968) page 89 of the Textbook | |9 |Sejla Karic |Case: Adams v. Williams, 407 U.S. 143 (1972) page 85 of the Textbook | |10 |Naid Avdic |Case: Illinois v. Wardlow, 528 U.S. 119 (2000) page 103 of the Textbook | |11 |Tugce Melek |Case: Hiibel v. Sixth JDC of Nevada, Humboldt County et al., 542 U.S. 177 (2004) page 114 | | | |of the Textbook ...

Words: 497 - Pages: 2

Free Essay

Accident Lawyer

...Help from Accident Lawyer Accidents can happen anywhere in our daily lives as we are doing our daily chores. If a person is working in an industry especially where the possibility of an occurrence of a tragedy is almost near certainty they should make sure that the employer has insured them. This becomes a necessity when one gets injured and would like to sue the company or the insurance firm in the court of law. Without proper representation at the court by an accident lawyer they may not be compensated nor their hospital bills settled. Not all accidents are physical. There are other types that are psychological such as an abusive employer who do not respect employees, sexual harassments, over exploitation and many more as long as they interfere with the maximum functionality of human being. Who Is An Accident Lawyer Then? He is also referred to as a personal injury counselor. It is a person who gives a legal advice and presentation to those people who have been injured be it physical or psychological, at work or have gotten serious disability due to negligence of another person, a firm or a government agency. These legal advisers are trained like the other litigators but the only difference is that they specialize mostly in matters related to mishap that falls people at work or automobile accidents and may also represent those people whose names has be tarnished. Generally they handle cases that fall under tort law. When to Look For an Accident Lawyer. Not all......

Words: 753 - Pages: 4

Free Essay

Admiralty and Maritime Lawyers and Law Firms in Hawaii

...Admiralty and Maritime Lawyers and Law Firms in Hawaii For more information about it visit here: SHIM & CHANG, ATTORNEYS AT LAW FIRM’S OVERVIEW: Shim and Chang are a gathering of expert individual harm lawyers in Honolulu, Hawaii that represent customers with a wide range of cases. The lawyers of the firm know the territory, and they are knowledgeable about the sea, helicopter and visitor claims.They provide lawful services and well-trained lawyers to their clients. They know the nearby courts and judges, and they have accomplished a notoriety of rehearsing with strict models of honesty and polished skill.They know the circumstance of their customers and they realize that customers need to stay educated about their cases. CONTACT US AT: 333 Queen Street, Suite 900 Honolulu, Hawaii 96813 (808) 524-5803  (808) 538-3853   Contact Roy Chang   AREA OF PRACTICE Negligence | Catastrophic Injuries | Accident | Nursing Home Abuse | Construction Accidents | Admiralty & Maritime | Pedestrian Accident | Construction Injuries | Animal Bites | Personal Injury | Defective Drugs | Arbitration | Premises Liability | Defective Products | Aviation Accidents | Product Liability | Insurance | Aviation Law | Slip & Fall | Litigation | Bad Faith Insurance | Spinal Cord Injury | Mediation | Bicycle Accident | Truck Accident | Medical Malpractice | Boating Accident | Workplace......

Words: 369 - Pages: 2

Premium Essay

Young Lawyers

...Young lawyers too often confuse themselves by trying to think of too many issues at the same time. Instead of approaching tasks in a methodical and clear manner they complicate issues by not being in control of their thought processes. They are guilty of letting their mind wander off. They focus on issues that are neither relevant nor important. They are indecisive about what needs to be done. They sometimes undertake tasks on the assumption that they may have left something out or may not have thought through the issues completely. Too often they are guilty of relying on another person's thought without trying to resolve issues through independent thinking. They do not analyse facts and try to reason out the issues for themselves – instead, they choose to assume that they would not be able to reach the correct conclusions due to their lack of experience and so must rely on another person's views as authority. Focusing on the issues and approaching matters on the basis of the ideas and contributions you are able to make is essential. Confidence is crucial. They do not apply correct thinking. Believing that you have something tangible to contribute is paramount. Having an in-depth understanding of what it is you are doing and its overall relevance is key to carrying out tasks correctly and completely. A sufficient understanding will motivate you to take the steps required to achieve the outcome sought. Independent thinking and focused analysis is quite crucial in...

Words: 292 - Pages: 2

Multiprise HDMI 3 Entrées 1 Sortie 1080P Switcher Câble D'Adaptateur HDMI HDCP | Problem with Education - 3416 Words | History's Strongest Disciple Kenichi 583.5