Justice and Rights

Christina Barnes

Rawls:

1. basic rights
2. evenly distribution of wealth and authority, for compensation of the least advantaged

Law and morality:

Devlin:

Hart:

Examples (Hypothetical):

• Tere has been a nationwide curfew for the last twenty years. Before this curfew went into affect, crime was rampant. This curfew has reduced violent crimes by 50%. Group A, a group of American born citizens finds that this curfew restricts their liberty and gathers at midnight protests. Group B, a group of naturalized citizens finds that this curfew is also restrictive. They join group A in their protests. Overall, the curfew may be an unjust law, but (let's say) it doesn't infringe on anyone's basic rights. It also doesn't hamper equal opportunity for citizens to work, play or do what they want. it also minimizes the injustices that unsavory individuals may commit.
  • Q: What does Rawls have to say about this curfew and the actions of Group A and Group B?

• I will take another example from Devlin. A married woman finds out that her husband cannot give her children. She loves her husband dearly and will not divorce him or cheat on him to conceive the children that she desperately wants. There is a new process called Artificial Insemination. The couple finds a donor. The moral majority thinks that having a child that is not from your husband constitutes adultery. There is a bill before the president making artificial insemination of a woman with the seed of a man who is not her husband, a criminal offense. The president has until Monday to sign this law. The president prides himself on being a very moral man. The woman's appointment for the artificial insemination is on Wednesday.
  • Q: What does Hart and Devlin have to say on the matter of the woman's actions and the law itself? What would Rawls have to say about the law?