TEORÍA DE LA JUSTICIA / Clase virtual /. Dr. Vladimir Gutiérrez Pérez

Introduction to Justice

Overview of the Topic

• Dr. Vladimir Gutiérrez introduces himself as a philosophy of law professor at Universidad San Francisco Javier de Chukisaca, focusing on the concept of justice in legal education.

• Justice is described as a highly sought-after value in society, crucial for those involved in legal disputes and inspiring for lawyers and judges.

Hebert Spencer's Theory of Justice

Key Concepts

• Hebert Spencer advocates for an evolutionary theory of justice, suggesting that it aligns with the "most fit," where laws and rights favor those with greater aptitude.

• Spencer's theory presents justice as having dual aspects: as a feeling (both selfish and altruistic) and as an idea that recognizes rights while also imposing limitations.

• The foundation of Spencer's theory is based on freedom, which inherently leads to inequality among individuals.

Chaim Pelermann's Formal Theory of Justice

Categories Defined

• Pelermann defines formal justice as treating beings within the same essential category equally; he proposes six categories to apply this principle.

• First Category: Give everyone the same thing (e.g., equal distribution of bread).

• Second Category: Distribute according to merit, acknowledging varying levels of deservingness among individuals.

• Third Category: Allocate based on contributions made by individuals to society.

• Fourth Category: Address needs, recognizing that some have greater needs than others—a contentious point in his theory.

• Fifth Category: Distribute according to rank or status within society.

Alvros' Equality Theory

Principles Outlined

• Alvros emphasizes equality in treatment but suggests five categories for achieving this:

• First Category: Based on individual merit recognized socially.

• Second Category: According to societal contribution across various fields including economy and law.

• Third Category: Needs-based allocation; similar challenges arise here regarding equity versus equality—hinting at communism as a potential solution.

• Fourth Category: Distribution based on capacity rather than need, contrasting with previous principles about necessity.

• Fifth Category: Allocation according to social rank or condition, advocating for equality despite inherent differences.

Conclusion on Theories Discussed

Summary Insights

• Each theorist presents unique perspectives on justice—Spencer focuses on evolution and inequality while Pelermann emphasizes formal categories. Alvros seeks equality through merit and contribution but acknowledges complexities around needs.

Understanding Justice: Perspectives from Kelsen to Thinnis

Hans Kelsen's Relativism on Justice

• Hans Kelsen argues that there is no absolute universal criterion of justice; instead, he believes justice is relative and defined by law and norms.

• He expresses uncertainty about defining absolute justice, viewing it as an ideal. For him, relative justice supports the flourishing of science, truth, sincerity, freedom, peace, and democracy.

John Rawls' Theory of Justice

• John Rawls marks a significant shift in understanding justice with his work "Justice as Fairness," emphasizing that true justice can exist in a relatively homogeneous and stable society.

• He outlines two principles for achieving impartiality in justice:

• Each person has equal rights to basic liberties.

• Inequalities are permissible only if they benefit the least advantaged members of society.

Elements of Justice as Impartiality

• The first principle asserts that all individuals have the right to any societal benefits.

• The second principle states that inequalities should exist solely when they serve the greater good for most people within society.

• John Tav identifies 13 elements necessary for realizing justice as impartiality:

• A political conception of justice is feasible only within a modern constitutional democracy.

• Justice must be accepted freely by all societal members.

• It requires a culture rooted in democratic political values.

Jean Thinnis' Traditional View on Justice

• Thinnis defines justice concerning the common good of communities, focusing on reasonable human conduct towards others.

• His concept includes three key elements:

• Orientation towards others: Recognizing another person's role in acts of justice or injustice.

• Respecting what belongs to others: This moral obligation emphasizes respecting individual rights and properties.

• Providing balance: Ensuring fairness prevents imbalances within society.

Types of Justice According to Thinnis

• Distributive Justice: Concerns fair allocation of resources, opportunities, benefits, roles, responsibilities, and taxes aimed at serving the common good.