Understanding Morality, Law, and Justice Theories
Morality: Science provides standards for judging actions as good or evil, right or wrong.
Range: The condition of a person making their own laws and decisions.
Heteronomy: Standards imposed externally on a person.
Act: An action taken.
Habit Echo: Repetition of an act.
Character Act: Defining oneself as a unique individual.
Virtue: Excellence, performing actions well without failure.
Value: What one considers important.
Right: Aligned with one’s values.
Wrong: Not aligned with one’s values.
Theory of Law
These theories address the nature and features of law. There are three main theories:
- Philosophical Positivism
- Legal Iusnaturalism
- Political and Human Rights
Iusnaturalism advocates for maintaining natural law, believing humans possess a universal and unique nature. It insists on inherent dignity and absolute, universal values predating any agreement. Legal logic is based on factual propositions.
Theory of J. Rawls
The U.S. philosopher believed injustice arises from unequal opportunities. A just society ensures a guaranteed minimum for all. The original position involves establishing rules without knowing one’s social class, ensuring fairness. Principles include:
- Equal civil rights for everyone.
- The difference principle: Social differences are accepted only if they benefit everyone by stimulating competition.
Justice in Thomas Aquinas
Thomas Aquinas intimately connects justice and law. Justice is adhering to one’s rights, creating equality between individuals. Justice involves respecting others and their rights, encompassing both the common good and individual private good. General justice concerns the common good, while particular justice addresses individual rights.
The Dialogic Rationality of Habermas
For Habermas, law and justice set conditions for measuring social interests. Contemporary societies are complex, with conflicting life projects. Reason arises from agreements through dialogue between rational people. Requirements for rational dialogue include:
- Freedom for all affected to participate.
- Equal participation for all concerned.
Judicial Guarantees
Judicial guarantees protect fundamental rights, representing the final stage of positivization. They offer a higher warranty and means to prevent violations by the state or individuals. They demand replacement and compensation for damages, even amending legislation. Judicial Guarantees may differ for civil, political, economic, and social rights.