Professional Ethics Seminar

BG14034

MODULE 8 : Justice
St. Martin Center for Professional Ethics & Service-Learning
 Contents

1. Introductory Understandings
2. History & Concept of Justice
3. Types of Justice
4. Theories of Justice
5. Social Justice
 Why the Module on Justice?

Assumption University aims to

form intellectually competent
graduates who are morally sound,
committed to acting justly, and open
to further growth.
 Talking on Justice
What are the reality of justice in family,
society, and the world?
What is the first idea, concept, thing, place,
object, person, and sentence that come into
your mind (head)? Why?
Justice in Thai Language
=
(justice)
 Justice in the Ancient Greek
Socrates, Plato, Aristotle: the Ancient Greek
philosopher.
Plato, in his work The Republic: Four virtues
The ruler needs wisdom.
Soldiers need courage.
Civilians need temperance.
All need justice (harmony).
 Aristotle
For Aristotle, there are two senses of justice:
- Narrow justice is labeled as equality, but it is not
arithmetical: rather it is proportional (in three kinds:
distributive, corrective, and reciprocal). But not all justice has to
do with equality/proportionality.
- Broad justice is lawfulness. By law, it's not just
legal. It applies to the entire system of custom
and the norms of a community, whether they
are written or not. All justice has to do with
these laws.
 Aristotles Justice
Justice is the intellectual and emotional skill
which brings it about that a community
possesses a stable system of laws, rules, and
customs that further the attainment of its
ultimate goal, well-being (happiness).
 Justice in the Middle Ages
Middle Age: Advocates of divine command
theory argue that justice issues from God.
Catholic Philosophers: (St. Thomas Aquinas:
advocates of divine command theory) Justice, and
indeed the whole of morality, is the authoritative
command of God. Murder is wrong and must be
punished because, and only because, God
commands that it be so.
 Justice in the Modern Time
In the 17th century: justice is derived from the
mutual agreement of everyone concerned (John
Locke: theory of natural law). Justice requires
according individuals or groups what they actually
deserve.
In the 19th century: justice is what has the best
consequences (John Stuart Mill, Utilitarianism)
John Rawls, philosopher: In his book A Theory of
Justice, He defines social justice, especially, Theories
of distributive justice. His book has greatly influenced modern
political thought
Pavilion of Four Cardinal Virtues @
AU
Prudence Temperance

Fortitude Justice
 Conclusion

Justice basically embraces..

1. Respecting the life of
each(human rights and dignity).
2. Counting each person as one.
3. Putting yourself in others place.
 Universality of the Golden Rule of Justice

Do to others as you would have others do to you.

1. Christianity: All things whatsoever you would that

men should do to you, do so to them; (Matthew 7:1)
2. Confucianism: Do not do to others what you would
not like yourself. Then there will be no resentment
against you, either in the family or in the state.
Analects 12:2
 Do to others as you would have others do to you.

3. Buddhism: Hurt not others in ways that you

yourself would find hurtful. (Udana-Varga 5,1)
4. Hinduism: This is the sum of duty; do naught onto
others what you would not have them do unto you.
Mahabharata 5,1517
5. Islam: No one of you is a believer until he desires
for his brother that which he desires for himself.
Sunnah
 Justice as Fairness: Rawls
1. Justice is embodied in the idea of
fairness.
2.Justice = Fair treatment = similar case
should receive similar treatment and
that equal should be treated equally.
https://www.youtube.com/watch?v=_MMcwRax8bQ (9.42)
 Justice as a Supreme Law of Morality
(Kohlberg)

He argues that highest stage of moral

development necessarily includes the
sense of justice because.
1) It is more reversible, more integrated
and more principled.
2) It meets better criterion.
3) Justice is a principle that lead all rational
people to moral agreement.
FIVE TYPES OF JUSTICE

1. Procedural Justice
2. Compensatory Justice
3. Retributive Justice
4. Restorative Justice
5. Distributive Justice
 1. Procedural Justice
Equal chance of all people to receive a
fair hearing in any dispute.
It is the processes that resolve disputes or allocate
resources.
It requires a fair and proper procedure to be used
when making a decision.
What makes a procedure fair? outcomes model,
balancing model, participation model
https://www.youtube.com/watch?v=P1O08U8RwFo (3)
https://www.youtube.com/watch?v=a8GdsiD6kNU (1.50)
 2. Compensatory Justice
It is the decision to compensate those
who have been harmed by others.
It is the way that people are compensated in
relation to the injuries that have been inflicted
upon them.
It is a form of justice that affords monetary value
to the extent of a person's injuries.
https://www.youtube.com/watch?v=KQw6_4fr2iU (2.43)
 3. Retributive Justice
1. It is a system of criminal justice based on the
punishment of offenders rather than on
rehabilitation.
2. Theories of Retributive Justice
- Retributivism
- Utilitarianism
- Mixed theories
 Retributivism
Those who have done wrong deserve
punishment.
How to be punished fairly?
Hammurabi Code
Old Testament
Utilitarianism
Mixed Theories
 Retribution in Hammurabi Code of Justice

If a man destroy the eye of another man,

they shall destroy his.
If one break a mans bone, they shall break
his bone.
If a man knock out a tooth of a man of his
own rank, they shall knock out his tooth.

Hammurabi ruled Babylonia between 1792 and 1750 B.C.

 Retribution in the Old Testament

1. Exodus (21:23-25): eye for eye, tooth for

tooth, hand for hand, foot for foot, burn for
burn, wound for wound, bruise for bruise;
2. Leviticus(24:19-20): fracture for fracture, eye
for eye, tooth for tooth;
3. Deuteronomy()19:21: life for life, eye for eye,
tooth for tooth, hand for hand, foot for foot.
Retribution in Utilitarianism
- Justice requires the maximization of the total
or average welfare across all relevant
individuals.
- The reason for punishment is the maximization
of welfare.
- Retribution should pursue the greatest good
for the greatest number
Retribution in Mixed Theories
- Some modern philosophers have argued that
Utilitarian and Retributive theories are not
mutually exclusive.
 4. Restorative Justice
- A process to maintain justice for the victims by
restoration or reparation.
- This process is carried out through reconciliation
programs that bring together the victim, offender and
other interested parties to discuss how to deal with it.
- Restorative justice (reparative justice ( ) is an
approach to justice that focuses on the needs of
victims and offenders, instead of satisfying abstract
legal principles or punishing the offender
 5. Distributive Justice
1. It is about socially fair distribution of
goods, services, benefits, and
burdens to members in a society
(families, nations).
2. It is procedure for social justice

https://www.youtube.com/watch?v=XPfuYQrjm2M (6.09)
https://www.youtube.com/watch?v=0sQnVHyrD50 (2.16)
Theories of Distributive Justice

1. Egalitarianism
2. Socialism
3. Utilitarianism
4. Capitalism
5. Rawlsianism
 Egalitarianism
The believe that all people are equal
and deserve equal rights and opportunities.
Distribute to everyone equally.
 Socialism
1. The means of production, distribution,
and exchange should be owned or
regulated by the community as a
whole.
2. To each according to their
needs. From each according to
their abilities.
 Utilitarianism:
Distribution to each in accordance
to the greatest contribution each one
give to the society (not individually).
The utilitarian argument holds that societies
should pursue the greatest good for the
greatest number. This argument has a number
of problems, especially, that it seems to be
consistent with the idea of the tyranny of
majorities over minorities.
 Capitalism
It is an economic and political system
in which a country's trade and industry
are controlled by private owners for
profit, rather than by the state.
To each in accordance to his/
her performance.
 Rawlsianism
Rawls begins his work with the idea of justice as
fairness. He identifies the basic structure of
society as the primary subject of justice and
identifies justice as the first virtue of social
institutions.
Rawls attempts to establish a reasoned account
of social justice through the social contract
approach. This approach holds that a society is in
some sense an agreement among all those within
that society.
 Rawlsianism (Two Principles)
First Principle: Principle of Equality (Equal Liberty)
Equality in the assignment of basic rights and
duties. (It is egalitarian, since it distributes extensive liberties equally to all persons).
Each person has an equal right to the most extensive
liberties compatible with similar liberties for all.
 Rawlsianism: Two Principles
Second Principle: Principle of Inequality
Social and economic inequalities should be
arranged so that they are both (a) to the
greatest benefit of the least advantaged
persons, and (b) attached to offices and
positions open to all under conditions of
equality of opportunity.
 SUMMARY
Procedural Justice Distributive
Justice
Compensatory Justice
1. Egalitarianism:
Retributive Justice 2. Socialism:
Restorative Justice 3. Utilitarianism:
Distributive Justice 4. Capitalism:
5. Rawlsianism
 Justice System

Procedural Justice

Found Guilty Restoration

Compensation Retribution

Compensation & Retribution

 Distributive Justice

Fair Distribution
of Benefits & Burdens

Egalitarianism Socialism Utilitarianism Capitalism

Rawlsianism
 5. Social Justice

The way in which fairness is maintained in the

everyday lives of people at every level of
society
The overall fairness of a society in its divisions
and distributions of benefits and burdens.
 Justice & Peace
Where justice is denied, where
poverty is enforced, where
ignorance prevails, and where
any one class is made to feel
that society is an organized
conspiracy to oppress, rob and
degrade them, neither
persons nor property
will be safe.(Federick Douglass)
 Social injustice
Are these social problems
responsibilities of AUs students?
Poverty
Water Shortage
Global Warming
Violence & Terrorism
Energy Shortage
Inequality
Education
HIV, Malaria, Tuberculosis
Do AUs students have to care
for these social problems &
Social Injustice?
 Is this fair?
Justice and
Distribution of
Benefits in
Business World.
Is it fair? (what types of
justice were ignored?)

How to make it
fair? (Follow the justice
system)

Source: Tom Cannon Corporate Responsibility

Is this a fair race? How to make it fair?
Conclusion
 Dr. Weeraphan Phanwilai
OFFICES:
Floor 14, Cathedral of Learning (CL14),
Suvarnabhumi Campus, Assumption University.
Tel: 02-723-2140; 02-723-2149
 Question 1
Mr. Red was a construction worker. He was
arrested by a police suspecting him of taking
amphetamine (drug). He was put in jail for 3
weeks while waiting for the investigation
whether his urine had amphetamine
chemical or not. He finally was released due
to no amphetamine chemical in his urine.
Is it fair or unfair to Mr. Red? Use justice system to
analyze this case to bring justice to Mr. Red.
(200 words)
 Question 2
An alumnus has donated 500,000 baht to a
small local college as scholarship for students
who need financial support. The donor
ensures that he will donate every year if the
college distributes the scholarship fairly.
There are 100 students who need financial
support according to the survey results. How
to grant scholarship fairly? Which form of
justice (theory) applies here? (200 words)
 Question 3
Nearly half the worlds
population (2.8 billion
people) are forced to
survive on less than $2/day,
With 1.2 billion (nearly 20% of
the worlds population)
living in abject poverty
under $1/day.
Is it fair? (what types of justice
were ignored?)

How to make it fair?

(Follow the justice system) (200
words)
BG 14036: Professional Ethics Seminar

THANK YOU FOR YOUR ATTENTION

St. Martin Center for Professional Ethics & Service-Learning