Rawlsian Justice
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Rawlsian Justice
''A Theory of Justice'' is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921-2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice (the socially just distribution of goods in a society). The theory uses an updated form of Kantian philosophy and a variant form of conventional social contract theory. Rawls's theory of justice is fully a political theory of justice as opposed to other forms of justice discussed in other disciplines and contexts. The resultant theory was challenged and refined several times in the decades following its original publication in 1971. A significant reappraisal was published in the 1985 essay "Justice as Fairness" and the 2001 book '' Justice as Fairness: A Restatement'' in which Rawls further developed his two central principles for his discussion of justice. Together, they dictate that society should be structured so that the gre ...
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John Rawls
John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral, legal and political philosopher in the liberal tradition. Rawls received both the Schock Prize for Logic and Philosophy and the National Humanities Medal in 1999, the latter presented by President Bill Clinton, in recognition of how Rawls's work "revived the disciplines of political and ethical philosophy with his argument that a society in which the most fortunate help the least fortunate is not only a moral society but a logical one". In 1990, Will Kymlicka wrote in his introduction to the field that "it is generally accepted that the recent rebirth of normative political philosophy began with the publication of John Rawls's ''A Theory of Justice'' in 1971". Rawls has often been described as one of the most influential political philosophers of the 20th century. He has the unusual distinction among contemporary political philosophers of being frequently cited by the courts of law in the Unite ...
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Immanuel Kant
Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and aesthetics have made him one of the most influential figures in modern Western philosophy. In his doctrine of transcendental idealism, Kant argued that space and time are mere "forms of intuition" which structure all experience, and therefore that, while " things-in-themselves" exist and contribute to experience, they are nonetheless distinct from the objects of experience. From this it follows that the objects of experience are mere "appearances", and that the nature of things as they are in themselves is unknowable to us. In an attempt to counter the skepticism he found in the writings of philosopher David Hume, he wrote the '' Critique of Pure Reason'' (1781/1787), one of his most well-known works. In it, he developed his theory of ...
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Egalitarian
Egalitarianism (), or equalitarianism, is a school of thought within political philosophy that builds from the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. Egalitarianism is the doctrine that all citizens of a state should be accorded exactly equal rights. Egalitarian doctrines have motivated many modern social movements and ideas, including the Enlightenment, feminism, civil rights, and international human rights. The term ''egalitarianism'' has two distinct definitions in modern English, either as a political doctrine that all people should be treated as equals and have the same political, economic, social and civil rights, or as a social philosophy advocating the removal of economic inequalities among people, economic egalitarianism, or the decentralization of power. Sources define egalitarianism as equality reflecting the natural stat ...
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Laissez-faire
''Laissez-faire'' ( ; from french: laissez faire , ) is an economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies) deriving from special interest groups. As a system of thought, ''laissez-faire'' rests on the following axioms: "the individual is the basic unit in society, i.e. the standard of measurement in social calculus; the individual has a natural right to freedom; and the physical order of nature is a harmonious and self-regulating system." Another basic principle of ''laissez-faire'' holds that markets should naturally be competitive, a rule that the early advocates of ''laissez-faire'' always emphasized. With the aims of maximizing freedom by allowing markets to self-regulate, early advocates of ''laissez-faire'' proposed a ''impôt unique'', a tax on land rent (similar to Georgism) to replace all taxes that they saw as damaging welfare by penalizing production. Proponents of ''l ...
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Freedom Of Contract
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of ''laissez-faire'' economics and is a cornerstone of free-market libertarianism. The proponents of the concept believe that through "freedom of contract", individuals possess a general freedom to choose with whom to contract, whether to contract or not, and on which terms to contract. History Henry James Sumner Maine proposed that social structures evolve from roles derived from social status to those based on contractual freedom. A status system establishes obligations and relationships by birth, but a contract presumes that the individuals are free and equal. Modern libertarianism, such as that advanced by Robert Nozick, ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Arbitrary Arrest And Detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. Background Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. International law Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; that is, no individual, regardless of circumstances, is to be depri ...
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Freedom Of Thought
Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by developing knowledge, concepts, theories and assessing them in the given environment. This cognitive proficiency gives a sense of contentment and replaces the feeling of helplessness. Apart from bringing ease to the ego of a person, new knowledge and ideas also bring a hope for the future. Freedom of thought is the precursor and progenitor of—and thus is closely linked to—other liberties, including freedom of religion, freedom of speech, and freedom of expression. Though freedom of thought is axiomatic for many other freedoms, they are in no way required for it to operate and exist. The conception of a freedom or a right does not guarantee its inclusion, legality, or protection via a philosophical caveat. It is a very important concep ...
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Freedom Of Assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty. The terms ''freedom of assembly'' and ''freedom of association'' may be used to distinguish between the freedom to assemble in public places and the freedom to join an association. Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights and in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association. Human rights instruments Freedom of assembly is included in, among others, the following human rights instruments: * Universal Declaration of Human Rights – Article 20 * Inte ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Minimax
Minimax (sometimes MinMax, MM or saddle point) is a decision rule used in artificial intelligence, decision theory, game theory, statistics, and philosophy for ''mini''mizing the possible loss for a worst case (''max''imum loss) scenario. When dealing with gains, it is referred to as "maximin" – to maximize the minimum gain. Originally formulated for several-player zero-sum game theory, covering both the cases where players take alternate moves and those where they make simultaneous moves, it has also been extended to more complex games and to general decision-making in the presence of uncertainty. Game theory In general games The maximin value is the highest value that the player can be sure to get without knowing the actions of the other players; equivalently, it is the lowest value the other players can force the player to receive when they know the player's action. Its formal definition is: :\underline = \max_ \min_ Where: * is the index of the player of interest. ...
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Right-libertarian
Right-libertarianism,Rothbard, Murray (1 March 1971)"The Left and Right Within Libertarianism" ''WIN: Peace and Freedom Through Nonviolent Action''. 7 (4): 6–10. Retrieved 14 January 2020.Goodway, David (2006). '' Anarchist Seeds Beneath the Snow: Left-Libertarian Thought and British Writers from William Morris to Colin Ward''. Liverpool: Liverpool University Pressp. 4 "'Libertarian' and 'libertarianism' are frequently employed by anarchists as synonyms for 'anarchist' and 'anarchism', largely as an attempt to distance themselves from the negative connotations of 'anarchy' and its derivatives. The situation has been vastly complicated in recent decades with the rise of anarcho-capitalism, 'minimal statism', and an extreme right-wing laissez-faire philosophy advocated by such theorists as Rothbard and Nozick and their adoption of the words 'libertarian' and 'libertarianism'. It has therefore now become necessary to distinguish between their right libertarianism and the left lib ...
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