This work tries to present the importance of the theory of justice of John Rawls from the point of view of Christian ethics, pointing out selected aspect of this theory. The basis for this reflection gives the fact, that the theory of justice of John Rawls is repeatedly cited in the presentations of the principles of Catholic social teaching. In some points they show similarities, in others are in opposition. Furthermore, John Rawls formulates his formal theory in a way to make it acceptable for every rational human being. In this group are also included persons with religious and moral ideas, or how John Rawls call them himself: people with comprehensive doctrines. The rationale to examine the theory of justice is justified also by the fact that Rawls ascribes not ignorable function in the aforementioned theory to religious ideas. Thirdly, in the case of John Rawls is possible to see one of the advocates and fore-representative of the liberal tradition. Liberalism is, because of its ambiguous definition but simultanously real presence in the society and thinking of people, not ignorable challenge for the Church and religious ideas, with which she already tries for two hundred years to tackle. In this work therefore will be presented the life and works of John Rawls, together with the basic theses of...

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In my paper I make a case for why more countries ought to adopt reciprocal free movement of people policies. Looking at the EU as an example of successful implementation of reciprocal free movement of people policies, I establish a model for such an agreement between countries. I consider the American countries as an example of a region that could benefit from adopting a reciprocal free movement of people policy. For the ethical basis of the argument I look at the eight principles for free and democratic peoples – focusing on the first, sixth, and eighth principles – John Rawls sets out in his book The Law of Peoples (1999). I use his principles as the groundwork for establishing the rights of citizens of a country, the obligations a government has to those people, and how nations ought to interact with one another. Rawls uses an Egalitarian framework for establishing the eight principles of justice. Further using Joseph Carens' analysis in "Aliens and Citizens: The Case for Open Borders" (1987) in which he applies Rawls' theory of the Original Position to a global scale to argue for open borders. Carens argues for completely open borders and states there is rarely a justifiable reason to restrict movement. While Carens' argument is more radical than what I'm arguing, it serves as a good base for the ethical case to remove restrictions to movement. My argument recognizes reasons why nations might want to maintain a degree of control over who enters their country and recognizes the practical obstacles to a country embracing open borders. A regionally based freedom of movement policy allows countries to recognize its citizens' right and the rights of citizens of member states to move freely while maintaining a level of national sovereignty by being selective about the countries they enter into an agreement with. I used American countries as a case study – granted a case could be made for many other countries to have such an agreement – because they resemble Europe around the time of adopting Article 45 in the level of market integration, shared identity and history, and on-going political tensions surrounding issues of immigration. The conversation of immigration shifts to one of free movement under a free movement of people policy. Immigration grants a person the full status of citizens, whereas, free movement grants a person a range of rights as a legal resident while still maintaining citizenship in their country of origin.

A social problem that has created many debates is the issue of the gender distribution in a workplace where the main aim has been to create an equal workplace between the sexes without discrimination or favouring other genders. This has meant that it is necessary to break down male-dominated occupations to a more equal distribution between men and women, more specifically male-dominated occupations that are often leading roles within companies and organizations. According to the new directive by the European Parliament, all EU countries must take measures when it comes to increasing the number of women in management. The directive discussed during Session’s info November 21-24, 2022, plenary session in Strasbourg requires companies with more than 250 employees to carry out transparent recruitment within the company to ensure that at least 40 percent of nonexecutive board members or 33 percent of all board members are represented by women no later than July 2026 (EU. 2022). One country that has received harsh criticism is Sweden, which chose to vote no to the proposal, which has led to Sweden ending up in the same party as Hungary and Poland, which are often associated with Europe's worst countries when it comes to equality issues. This essay will analyse whether the quota system is the right way to achieve equality and how it in turn is a fair method to use. By implementing the different theories of John Rawls, Robert Nozick and liberal feminism we can for a better perception and understanding of what is "justice".

The aim of this paper is to deepen the understanding of the school debate in Sweden by focusing on one of the key topics of the debate, namely the allegedly threatened equality and equity of the education system. This debate circles around two aspects: (1) The quality of the education is to be the same at all schools, independent of geographical location or provider. (2) A fair grading process of the pupil’s achievements that follows the rule of law.The source material for the study consists of the web-based magazine Skolvärlden which is run by the teacher union Lärarnas Riksförbund. The magazine was chosen as the teacher union has developed a political program to tackle the equality and equity problems in the Swedish school. The research questions for the empirical examination are the following: (1) How is the debate about equality and equity in education described and constructed during 2018 in Skolvärlden? (2) What needs are to be fulfilled and what solutions are proposed by Skolvärlden to ensure an increase of the equity and equality in the Swedish school?The questions are inspired by framing theory which is used as a theoretical framework to explain the correlation between the answers to each question. To achieve this, the study uses a content analysis combined with a narrative analysis. Based on the analysis, the study answers a third question: (3) In which manners can the debate about equity and equality in Skolvärlden be an expression of ideas about justice, the governing of the school system and the school’s role in society? To reveal ideas about justice, John Rawls’ A theory of justice is applied to the public debate about equity and equality in education and the Swedish curriculum to create a theoretical framework.The study shows that the debate is constructed and described in a way that the political program proposed by Lärarnas Riksförbund appears as a perfect solution. The shaped narrative consists of decisionmakers who remain passive while teachers decry conditions for teaching and demand better terms to provide every pupil with quality education. While arguments about the situation for teachers appear, the emphasis lays on the consequences for the pupils. It is them, the articles claim, who are affected by the dreadful working conditions and lousy leadership. The proposed solution is a reformed school system which is governed and financed by the state instead of the current decentralized model.

Purpose/Aim: The purpose of this study is to understand the meaning of global responsibility and toxicwaste control. The Basel Convention is the UN's international regulations on the import, export andtransport of hazardous waste. According to the Basel Convention, the export of electronic waste todeveloping countries is fully legal if the recipient country has given approval in writing. Is there a linkbetween toxic colonialism, global responsibility, justice and human rights?Material/Method: A qualitative case study of what delegates from three African countries think abouttoxic colonialism and global responsibility.Main results: The essay gives an explanation of the concept of toxic colonialism in relation to the BaselConvention and the Ban Amendment, from three African UN delegates, furthermore an analysis of theimportance it can have on global responsibility, justice and views on human rights.The essay results show that the Ban Amendment of the Basel Convention is in line with Rawl'sdifference principle and the principle of freedom and would contribute to increased justice on electronicwaste coding if the amendment goes through and is used in symbiosis with human rights: UDHRArticle 25 and ICESCR Article 12.1-2.

This thesis defends John Rawls’s constructivist theory of justice against three distinct challenges. Part one addresses G.A. Cohen’s claim that Rawls’s constructivism is committed to a mistaken thesis about the relationship between facts and principles. It argues that Rawls’s constructivist procedure embodies substantial moral commitments, and offers an intra-normative reduction rather than a metaethical account. Rawls’s claims about the role of facts in moral theorizing in A Theory of Justice should be interpreted as suggesting that some of our moral beliefs, which we are inclined to hold without reference to facts, are, in fact, true, because certain facts obtain. This thesis and the acknowledgement of the moral assumptions of Rawls’s constructivism help to show that Rawls does not, and does not need to, deny Cohen’s thesis. Part two defends the characterization of the decision problem in Rawls’s original position as a decision problem under uncertainty. Rawls stipulates that the denizens of the original position lack information that they could use to arrive at estimates of the likelihood of ending up in any given social position. It has been argued that Rawls does not have good grounds for this stipulation. I argue that given the nature of the value function we should attribute to the denizens of the original position and our cognitive limitations, which also apply to the denizens of the original position, their decision problem can be characterized as one under uncertainty even if we stipulate that they know that they have an equal chance of being in any individual’s place. Part three assesses the claim that a true commitment to Rawls’s difference principle requires a further commitment to an egalitarian ethos. This egalitarian ethos is offered as a means to bring about equality and Pareto-optimality. Accordingly, I try to undermine the case for an egalitarian ethos by challenging the desirability of the ends it is supposed to further or by showing that it is redundant. I argue that if primary goods are the metric of justice, then Pareto optimality in the space of the metric of justice is undesirable. I then argue that if the metric of justice is welfare, depending on the theory of welfare we adopt, an egalitarian ethos will either be redundant or will have objectionably paternalistic consequences.

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Submitted by Maicon Juliano Schmidt (maicons) on 2015-07-17T18:36:17Z No. of bitstreams: 1 Daniel Ortiz Matos.pdf: 818253 bytes, checksum: 1c10bf270484c56dc65366f04aed9820 (MD5) / Made available in DSpace on 2015-07-17T18:36:17Z (GMT). No. of bitstreams: 1 Daniel Ortiz Matos.pdf: 818253 bytes, checksum: 1c10bf270484c56dc65366f04aed9820 (MD5) Previous issue date: 2014-12-17 / Nenhuma / Este trabalho é uma leitura (moral) da concepção teórica de Ronald Dworkin acerca dos princípios jurídicos. O ponto central é compreender a atuação dos princípios na teoria dworkiniana da decisão judicial tentando desvelar seu modelo de justificação subjacente. A exposição está subdividia em três partes. Na primeira, destinada ao célebre debate Hart-Dworkin, procura-se entender donde surgiu a ênfase aos princípios, não com uma repetição do embate argumentativo, mas, sobretudo, demonstrando as limitações teóricas e filosóficas do empreendimento hartiano e como os princípios as evidenciam. Na segunda, desenvolve-se um panorama geral da principiologia jurídica em Dworkin, relacionando com os conceitos-chave de sua teoria, tais como: a crítica à discricionariedade judicial; a tese dos direitos; a tese da (única) resposta correta; a comunidade de princípios e a concepção do “Direito como Integridade”. Na terceira e última, a discussão se voltará ao Coerentismo, especificamente, ao procedimento do equilíbrio reflexivo de Rawls e a sua incorporação na teoria da decisão de Dworkin, sendo, para tanto, indispensável à atuação dos princípios para a coerência do sistema jurídico e para a verificabilidade da correção das respostas judiciais. / This master's thesis is a (moral) reading of the theoretical conception of Ronald Dworkin about the legal principles. The main point is to understand the role of the principles in dworkinian theory of judicial decision trying to reveal its underlying justification model. This thesis is subdivided into three parts. In the first one, addressed for the famous Hart-Dworkin debate, the goal is to try to understand whence came the emphasis on principles, not as a repetition of the argumentative struggle, but, above all, demonstrating the theoretical and philosophical limitations of the hartian project and how the principles evidence them. In the second part, it is developed an overview of the legal set of principles in Dworkin, relating to the key concepts of his theory, such as: the critique of the judicial discretion; the thesis of the rights; the thesis of (only one) correct answer; the commonality of principles and the "Law as Integrity" conception. In the third and last part, the discussion will turn to Coherentism, specifically to the procedure of Rawls' reflective equilibrium and its incorporation in Dworkin's adjudication theory, and, therefore, indispensable to the role of the principles for the legal system coherence and to the verifiability of the correction of judicial responses.

<p>The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates how the norms have evolved during World War I, World War II and Vietnam War; finally the war against terrorism and the treatment of the prisoners at Guantánamo Bay is analyzed. The intention of the thesis is to use a historical overview of the evolution of IHL, and the rights of POWs in particular, to formulate a wider assumption about the implication of IHL in the war against terrorism and the future.</p><p>The thesis adopts a theory which combines constructivism and John Rawls´ theory of justice and uses constructivist ideas about the nature of the international system applied to Rawls´ notion of justice. The constructivist theory and ontology are the basis of the theoretical framework of this thesis and Rawls´ definition of justice as the base of social institutions are viewed from a constructivist perspective. IHL and the norms regarding protection of POWs are thus considered as social facts, constructed and upheld through social interaction between states.</p>