Concerns the best way of restoring people for what they lost when others wronged them. The Theory of John Rawls (NOTE: You must read only those linked materials that are preceded by the capitalized word READ.) Want others to get their fair share of what they need to lead a ‘good’ life. On December 14, 2010, the Supreme Court reversed the earlier judgment of the lower court and Court of Appeals and acquitted seven of the nine accused, including Hubert Webb, finding that the prosecution failed to prove that the accused were guilty beyond reasonable doubt. fairness would apply to a decision to cancel a licence or benefit; to discipline an employee; to impose a penalty; or to publish a report that may damage a person’s reputation. Are congressional districts drawn to be fair? In light of the strong evidence against Hubert Webb, We believe he is guilty. Based on Alfaro’s account, the justice department finds probable cause and files rape and murder charges against Hubert Webb, Antonio, Tony Boy, Lejano, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, and Pyke Fernandez in the Paranaque Regional Trial Court. Seven justices based its decision on the following points: . It is most often depicted with a set of scales typically suspended from her left hand, upon which it measures the strengths of a case’s support and opposition. They were sentenced to life imprisonment and ordered to indemnify the Vizconde family Php 3 million for the murders. This case must be solved and the Philippine Supreme Court needs to get the decision right, without any question marks. ... As a result, a general tightening up of the system is required, starting with the approach to procedural fairness. In case you can’t find a sample example, our professional writers are ready to help you with writing A scale symbolizes equilibrium and balance. Another prominent intellectual known for his discourse on justice is John Rawls. What do we actually mean by justice? The accused are sentenced to life imprisonment and ordered to pay Lauro Vizconde, father of Carmela and Jennifer, more than P3 million in damages and legal fees. This is when the principles of justice and fairness come in. Produced in association with Character Counts! The principle of justice has also led to some of the great changes in social issues in the last two or three centuries. The court ruled that the Paranaque RTC was correct in sentencing Webb et. John Rawls’ Justice as Fairness. April 23, 2010. And, nothing is perfect. healthy mind and body. ” The court also amended the award of damages from 100,000 pesos to 200,000 pesos, and also upheld the conviction of Biong as accessory to the crime “by abusing his public functions… to conceal and destroy the physical evidence in order to prevent the discovery of the crime and by allowing the destruction of the physical evidence, Biong facilitated the escape of the principal accused. They will morally justify because the original position incorporates the Kantian moral ideas of: REVERSIBILITY capable of being applied to oneself UNIVERSALIZABILITY capable of being applied to everyone. You have only to hear a child’s cry of ‘It’s not fair!’ to understand that. Retrieved from https://graduateway.com/justice-and-fairness/, This is just a sample. Organizational justice research consistently finds that employees are more motivated when they feel that organizational resources are allocated fairly, that organizational decisions are made in fair ways, and that their organization treats them fairly. Estrellita Vizconde, 47, had 13 stab wounds; 18-year-old Carmela had 17 wounds and was raped before she was killed; 7-year-old Jennifer had 19 wounds. There is a saying “Justice denied anywhere diminishes justice everywhere. Aristotle described ‘poetic justice’ as being “pain felt at either good or bad fortune if undeserved, or to joy felt at them if deserved”. So, what do we suggest? If not, should I do something else instead or as well. Kindergartners believe everyone should be held to the same rules and be treated equally. August 1995. Justice was served. Research shows that, for most of us, fairness is a relative term. Among them are Thomas Hobbes, John Locke and John Stuart Mill. Why? For information on how to reference correctly please see our page on referencing. 1. Procedural fairness also applies where a person has a legitimate expectation (for example, continuing to receive a … your own paper. Former Paranaque City policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. When the notion of justice becomes shared by all citizens, and equality is achieved, civility between members of society will restrict the use of some individuals as means to personal ends. In a full court decision, the Supreme Court approves Webb’s request for DNA testing. But how can we obtain Justice if it is really hard to get? Jan. 29, 2007. Webb’s strong alibi that he was in the United States * Alfaro’s testimony will fall apart if Webb was not in the crime scene and will relieve the others accused of the crime C. OUR VIEWPOINT IN THIS CASE There were so many questions and mysteries that were attached in the case since it was happened. We may or may not entirely believe that on a personal level, but we probably all understand that the principle is crucial. In other words, it is pleased when people who have done good things get rewarded, or ‘bad’ people get their comeuppance, and sorrow if ‘bad’ people seem to do well, or good people suffer. In the Western world, we say that everyone has the right to ‘a fair trial’. Read on to find how these can be built upon in your workplace. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. Justice in society enforces individual’s rights and to deny that the loss of freedom for some is made right by a greater good shared by others”. Subscribe to our FREE newsletter and start improving your life in just 5 minutes a day. 2. Webb asks the high court to acquit him. It is a word in which, to every person, has a different meaning. He is sentenced up to 12 years in prison. Paranaque RTC Judge Amelita Tolentino turns down Webb? Pain at others’ good fortune turns to envy, and rejoicing in bad luck is spiteful. I have seen how justice is severed to those who decide to break the law and seen the worst when justice is not served fairly. Justice describes strengths that help you connect in community or group-based situations. Ministry of Justice the justice system ; A judge of certain courts. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. In this case, justice is more serious and the fairness is more fundamental. The first eBook, Looking After Yourself, covers some of our most popular content and will help you to live a happier, healthier and more productive life. This two-part guide is an easy-to-read summary of the essential skills you need for a III. Unreliability of testimony from other witnesses 4. One of the fastest ways to erode a workplace's sense of fairness is by giving recognition unequally. Susan B. Anthony Note that the Administrative Decisions (Judicial Review) Act 1977 (Cth) shows contemporary (1970s) usage in referring to the ground that “a breach of the rules of natural justice occurred in connection with the making of the decision”. B. may be acquitted. One can be ‘ fair ‘ in writing a law by making a judgment of how right or wrong that law is, and one can be ‘ just ‘ in making a judgment on whether something is right or wrong by following a process to help arrive at consistent determinations. Government actions and decision about the case After series of deliberation of the case hearing the both sides of the two parties, on January 6, 2000, Judge Tolentino rendered her decision, finding Hubert Webb, Peter Estrada, Hospicio Fernandez, Michael Gatchalian, Antonio Lejano II and Miguel Rodriguez guilty beyond reasonable doubt of the crime of rape with homicide. They especially need to obtain original documents in hand and not just review photocopies (e. g. , Hubert’s passport). No one believes in it anymore because it fails. If the situation involves some injustice, what can I do to put that right? In other words, justice is feeling good and bad at appropriate moments. Spite, like envy, is a feeling that sometimes happens when we see someone with something that we think we should have, whether that is a promotion, money or a big house. Justice and fairness are concepts or notions that are hard to define without taking the help of the other. Universality and Reversibility: Justice and Fairness Similarly, some believe that those who violate the rights of others should receive their just desserts, while others believe that our focus should be on the needs of victims and offenders. The second is Mrs Doasyouwouldbedoneby, who is beautiful, kind and loved by everyone who meets her. SAMPLE CASE OF JUSTICE AND FAIRNESS The Vizconde Massacre A. Want the right sort of things, to the right degree; Want their ‘fair share’ of goods, so that they get what they deserve; and. The standards of justice are generally taken to be more important than utilitarian considerations. It notes the NBI declaration that it can no longer produce the semen samples, and adds: Consequently, the DNA analysis ordered by this court upon the request of appellant Webb can no longer be done. By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. Procedural fairness is a more specific name for one aspect of natural justice in its broadest sense. Political equality: refers to an equal participation in political process. The Skills You Need Guide to Life: There exist obvious similarities of the ideas of fairness and justice. Finally, this means that ‘fairness‘ and ‘justice‘ are not only different ideas, but they can even be used against each other. It is he who has created a concept of social justice called “justice as fairness.”. Justice and fairness are concepts or notions that are hard to define without taking the help of the other. Classroom discussion questions, writing assignments, student activities, and tips for parents. A conflict may arise about whether a retributive or restorative justice mechanism is most fair. Fours are just beginning to learn about the concept of fairness. DIFFERENCE PRINCIPLE claim that a productive society will incorporate inequalities, but takes steps to improve the position of the neediest members of the society. Justice, quite simply, forms the foundation of a civilised society. (Ask) Who are some people that have fought for justice and fairness for others? Justice comes with its own rules it can uphold a fair sentence or see the nasty side of how people can portray the justice system. TOPIC: JUSTICE AS FAIRNESS A Theory of Justice is a book of political philosophy and ethics by John Rawls. Elementary school ( K-5 ) teaching guide ( discussion guide, lesson plan, teachers' guide ) for fairness and justice. Chapter 8: ETHICS. II. In light of the strong evidence against Hubert Webb, We believe he is guilty. John Rawls ‘justice as fairness’, and principles of organizational justice theory established by Colquitt (2001) and Greenberg (1993) as the philosophical foundation. Issues involving questions of justice and fairness are usually divided into three categories: Distributive Justice: just distribution of benefits and burdens, this is concerned with the fair distribution for the societies. Stage by Stage 5 - 6 . Jessica Alfaro, a confessed drug addict, who claims to have witnessed the massacre, testifies in court. Building Confidence | Developing Resilience, Subscribe to our Newsletter | Contact Us | About Us. Webb and his co accused are acquitted by the high court and are ordered released from jail. Get Your Custom Essay on, By clicking “Write my paper”, you agree to our, Notions of Justice and Fairness in To Kill a Mockingbird by Harper Lee, Access to Law, Procedural Fairness, Rule of Law Patrick Waring, https://graduateway.com/justice-and-fairness/, Get your custom In other words, it’s not so much whether we are getting what we deserve, but whether we get what we deserve when compared with others. Compensatory justice: Just compensation for wrong or injuries. April 27, 2010. The change began in the 1970s. The battle between a free market and Marxism is the perfect example. In other words, “justice”denotes conduct that is morally required, whereas “fairness”denotes an evaluative judgment as to whether this conduct is morally praiseworthy. Your ‘just deserts’, or a pre-emptive strike? Given that most of us would probably admit to feeling that we may be more deserving than is actually the case, this perhaps makes it even more important to consider how justice and ‘goodness’ fit together. s request for DNA testing to see if the DNA in the recovered semen samples from Carmela would match his. Five-year-olds can be rule driven, with a keen sense of justice. Brief Background (timeline) Some of the highlights of a murder case that has gripped the nation for nearly two decades: June 30, 1991. To make our home, school, community and world a better place for all people. After several years, in April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. Distributive Justice… Justice as Equality: Egalitarianism “ Every person should be given exactly equal shares of a society’s benefits and burdens”. Also capitalized as a title. Each person has an equal right to the most extensive basic liberties compatible with the similar liberties for all, and (principle of equal liberty) 2. The resultant theory is known as “Justice as Fairness”, from which Rawls derives his three principles of justice: PRINCIPLE OF EQUAL LIBERTY the claim that each citizen’s liberties must be protected from invasion by others must be equal to those of others. Although “Justice” has a vast list of meanings, it can somewhat be defined. Oct. 19, 2010. Civility. Fairness, on the other hand, also has a similar meaning but there is a key difference we should be aware of. Rosa Parks 3. It is important to find a balance for your personal feelings and sense of fairness and justice. We all tend to have an ingrained sense of what is fair and equitable, what is right and wrong, good and To make sure that everyone has the chance to succeed. Pamantasan ng Lungsod ng Maynila (University of the City of Manila) Intramuros, Manila JUSTICE AS FAIRNESS As a fulfillment for the requirement in the Values and Professional Ethics Submitted by: Agustin, Joan Astor, Trixie Dahug, Regine Submitted to: Prof. Malanum, Justice and Fairness. The Palace has already ordered the probe. June 1995. The accused party do not stop appealing, they apply for motion of reconsideration of the case but The Court of Appeals’ Third Division voted 3-2 to deny Webb’s motion for reconsideration and upheld the ruling of Judge Tolentino on December 16, 2005. When you find yourself in a situation where you think you may need to exercise justice or fairness, there are some questions you can use to help. Neither spite or envy are pleasant things to either feel or to encounter in another. The accused are transferred to the New Bilibid Prison in Muntinlupa City. If the situation requires some distribution of goods, how could I ensure a fair distribution of the goods and/or services involved? In general, envy is about wanting something that someone else has got, and spite is about not wanting them to have it. If appealing the Webb acquittal or retrying Webb for the same crime violates the double jeopardy prohibition, then by all means please change the constitution so that justice can be served. all human beings are equal and each person has an equal claim to society’s goods. The Court of Appeals upholds the guilty verdict. We'll never share your email address and you can unsubscribe at any time. Unfairness that may exist is rare and aberrant, not a systematic feature of the criminal justice system. The concept of justice runs deep in most of us. Pain at others’ good fortune turns to envy, and rejoicing in bad luck is spiteful. Procedural fairness means fairness in the procedures followed when arriving at an administrative decision. Is our tax policy fair? Is justice already gone with the wind? If you find yourself unable to congratulate a colleague on their promotion, even though you know that they deserved it, you could well be suffering from envy. Carpio testified for the defense during the trial. You'll get our 5 free 'One Minute Life Skills' and our weekly newsletter. All, for the most part, were driven by a strong sense of unfairness among first a few, and then many more, and not just among the disenfranchised groups concerned. Dec. 14, 2010. Envy is feeling pain at someone’s well-deserved good fortune. Unreliability of Jessica Alfaro’s testimony: * Alfaro had prior knowledge on the facts of the case having been an asset of the National Bureau of Investigation (NBI) * Alfaro was not able to explain why the house was ransacked if robbery was not the motive of Webb and his group 3. A very high-profile case like this serves as a big example. How the Webbs got away with just providing photocopies is beyond. In the context of conflict, the terms 'justice' and 'fairness' are often used interchangeably.Taken in its broader sense, justice is action in accordance with the requirements of some law. The Nortons and Ellisons of this world, for example, are asking for what they feel they deserve; they are demanding that they be treated with justice and fairness. Martin Luther King Jr. 2. Still others believe that justice consists of rules common to all humanity that emerge out of some sort of c… We suggest that Lauro Vizconde should continue with his pursuit of justice and a reinvestigation before time runs out. A mother and her two daughters are found dead in their own home. It is a principle that is fundamental to the administration of justice and a person can file an appeal and get a decision overturned on the basis that procedural fairness was not observed. The high court reverses its decision granting Webb’s request for DNA testing. “Fairness” is the most subjective form of justice, but still suggests “an appeal to reasonableness and open-mindedness.” (S. I. Hayakawa, Choose the Right Word, 1968) But postmodern multiculturalism has dismissed reason, the “rationalistic” mentality, and “objective consciousness” as Western cultural artifacts. "You must agree to out terms of services and privacy policy", Don't use plagiarized sources. Spite is pleased when anything bad happens to someone else, again whether deserved or not. Loosely, it can be defined as “the principal of fairness and the ideal of moral equity. EXAMPLE: justice upholds Natural Law whereas fairness most often undermines it. So it only means that everyone deserves justice. One last thought… when you believe that you may have been treated unfairly, perhaps it is worth asking yourself whether others would see it in the same light before you react. This challenge can be especially difficult when managing employees across multiple sites. ” This means even though something may look or seem different to another thing they are both the same. Dec. 16, 2005. Sorry, but copying text is forbidden on this website. Many public policy arguments focus on fairness. Abraham Lincoln 4. "Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. To make an assessment of your sense of fairness, ask yourself a series of questions: Justice takes pleasure in others getting ‘what they deserve’. This is: ORIGINAL POSITION an imaginary meeting of rational self- interested persons who must choose the principle of justice by which their society will be governed VEIL OF IGNORANCE the requirement that a persons in the original position must not know particulars about themselves which might bias their choices such as their sex, race, religion, income, social status, etc. Jan. 6, 2000. Envy can also be taking pleasure in something bad that happens to someone else through no fault of their own. Prison regimes are rife with everyday injustices: inconsistent processes, arbitrary decisions, bureaucratic delays, ignored complaints, poor living conditions and … Two different kinds of equality: political equality and economic equality. Continue to: The second eBook, Living Well, Living Ethically, considers how you can live your best life all the time. It helps you to answer the question: how can I avoid having too many regrets about my life? In this Idea, positive changes in distributive, procedural, and interactional justice are linked to job satisfaction and organizational commitment. It is important to find a balance for your personal feelings and sense of fairness and justice. procedural fairness (see, for example, David Bennett AO QC, Is Natural Justice becoming more rigid than Traditional Justice AIAL, 3rd National Lecture Series 2006), rather than focussing upon the justice of the individual case, set against the background of the relevant … Essay, Use multiple resourses when assembling your essay, Get help form professional writers when not sure you can do it yourself, Use Plagiarism Checker to double check your essay, Do not copy and paste free to download essays. to demand justice ; The civil power dealing with law. Biong is released from jail as records from the Bureau of Corrections show he has completed his 12-year jail term. We use cookies to give you the best experience possible. Will what I do restore something to the loser, and punish the wrong-doer? On November 26, 2010, Lauro Vizconde voiced his concern to media about the purported lobbying of Senior Associate Justice Antonio Carpio for the reversal of the guilty verdict. The Application of the principles of fairness. Justice and fairness are talked about in the same breath, and we have come to accept that what is just is also fair and that to be seen as fair, we must be just. l. due to “overwhelming evidence that showed Webb and the other accused had conspired to rape Carmela and, in the process, kill her and the rest of the family. If you need this or any other sample, we can send it to you via email. Four-year-olds are beginning to use their increasing verbal abilities to resolve situations fairly. Equality All people are treated equally before the law with an equal Civilityis the duty to work within a reasonable system in good faith to seek justice according … Is affirmative action fair? Lauro Vizconde, in an interview with the Inquirer, says he fears Webb et al. Justice and fairness are used almost interchangeably. In Charles Kingsley’s The Water Babies, the hero Tom encounters two characters who could be said to embody justice. *The principle of Distributive Justice that Rawls proposes can be paraphrased by saying that the distribution of benefits and burdens in a society is just if and only if: 1. From research on fairness in organizational contexts (‘organizational justice research’) we know that fairness is one key. Social and economic inequalities are arranged so that they are both: a. o the greatest benefit of the least advantaged persons, and (difference principle) b. attached to offices and position open to all under conditions of fair equality of opportunity ( principle of fair equality of opportunity) Rawls also proposes a general method for evaluating in a fair way the adequacy of any moral principle, it consists of: determining what principles a group of rational self- interested persons would choose to live by if they knew they would live in a society governed by those principles but they did not yet know what each of them would turn out to be like in that society. Justice is a modern phenomenon that is a combination of different civilisations and societies. ” In our world today they are many ways we have seen how justice work into our society, we as a society live by rules but we rules are in some ways meant to be broken. The programme on justice and fairness will look at everyday injustice as well as procedural justice in prisons. There is a saying also about justice that says “Fairness and justice are two sides of the same coin. Justice as we all know is not payable by means of property, estate, belongings, possessions, or even realty. ” If we are going to analyze this statement, it is somehow refers to if justice is denied, or not given to one person or many people, then over time justice loses its value. Finally, we suggest that the Palace and the Senate intervene if the Supreme Court renders Hubert Webb immune to further retrial due to the double jeopardy prohibition. He was sentenced to eleven years in prison. Oct. 28, 2010. Fairness is a strength within the virtue category of justice, one of six virtues that subcategorize the 24 strengths. The first is Mrs Bedonebyasyoudid, who treats people in a way that reflects the way that they have treated others, and who is frankly quite scary. Sometimes the word can become the deed, and you may even find that your feelings change too! The ideal of fairness, impartiality, etc., especially with regard to the punishment of wrongdoing. The principle of distributive justice: It is equals should be treated equally and unequal treated unequally. We also suggest that they must verify carefully the authenticity of all the evidential documents provided by the Webbs. Truthfulness and Honesty, See also: (2016, Sep 30). 1. Loss of DNA evidence not a ground for outright acquittal 2. The first significant and unique contribution to the study of Ethics by an American has been that of John Rawls, a Professor of Philosophy at Harvard University. This has resulted in the revelation by the National Bureau of Investigation (NBI) that they no longer had the specimens as these were remanded to the Paranaque courts. Two of the accused remain fugitives from the law: Joey Filart and Artemio Ventura. Employees’ perceptions of justice in their organization can impact important outcomes and should not be ignored. There is a saying also about justice that says “Fairness and justice are two sides of the same coin. Justice vs Fairness . It is like blaming and punishing people that did something wrong. How can I be sure that equal value will be placed on what is received? Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate. Justice is not measured by the status of victim and the suspect in their respective society. All you need to do is fill out a short form and submit an order. Self-Control, Self-Mastery Example Essay Question. Living Well, Living Ethically. The use of material found at skillsyouneed.com is free provided that copyright is acknowledged and a reference or link is included to the page/s where the information was found. ’ perceptions of justice are generally taken to be harsh and intolerant, often leading to conflict penalties! Wronged them want others to get their fair share of what they need to lead a ‘ good life! And John Stuart Mill society is to equally distribute rights and duties to individuals meanings, it can somewhat defined. Justice mechanism is most fair how these can be especially difficult when managing employees across multiple sites fairness. Paranaque City policeman Gerardo biong, accused of destroying evidence, is pained when anyone has any fortune... And societies justice that says “ fairness and justice different civilisations and societies, a confessed drug addict who. 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