Distributive Justice and Its Relevance Under Indian...

PAPER ON THE TOPIC THE PHILOSOPHY OF DISTRUBUTIVE JUSTICE AND ITS RELEVANCE UNDER INDIAN CONSTITUTION The jurisprudence of distributive justice, according to juristic cynics, is an essay in illusion. The basic social system is built on gross inequalities and the power to lobby and mould State policy, even judicial policy, is heavily in the hands of the proprietariat. Being social realists and meliorists we have to work with the materials that we have and try to read the constitutional provisions in such a manner that the human essence of distributive justice is won by dynamic interpretation and socialist understanding. The Indian Constitution visualizes an affirmative State action for bringing about a new social order based on justice,†¦show more content†¦The power of justice is so great that it strengthens and excites a person fighting for just cause. All wars have been fought by all parties in the name of justice, and same is true of the political conflict between social classes. On the other hand, the very fact of this almost ubiquitous applicability of the principle of justice prompts the suspicion that something may be wrong with an idea that can be invoked for any cause. Social groupings of today are dynamic, not static, and they do not find the ideal equipoise in a condition of mere imperturbability. Justice is considered to be the primary goal of a welfare state whose very existence in turn rests on the parameters of justice. The greatest contrast, however, between ancient and modern thinking about the social harmony of justice is in the changed conception of individual personality in relation of law. I. The problem of Justice The importance of the subject of justice and the frequency of its use would naturally lead one to believe that there is an accepted definition of justice or, if not, at least a workable definition of justice is capable of being carved out. But defining justice is not as easy as it appears to be. There are difficulties inherent in the concept of justice and it is because of this reason that it is wholly indeterminate and belies all attempts to define it. Hens Kelsen perturbedly remarked: No other question has beenShow MoreRelatedHistory And Evolution Of The Juvenile Legal System1792 Words   |  8 Pageschildren in their societal fabric in its venture to diversification and development by empowering and mainstreaming children. Child-centric human rights jurisprudence has become pivotal in the law’s role in social engineering. This project†Juvenile Justice- A critical analysis on its societal and legal impact â€Å"shall focus on the effects of the existing legal system for the protection and prosecution of children. However, the word juvenile has been used together and interchangeably with the term ‘delinquency’Read MoreDeviance And Its Impact On Society2989 Words   |  12 Pagesonly when these resources. 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Anxiety Disorders Are The Most Common Mental Illness Essay

Anxiety disorders are the most common mental illness in the United States, affecting 40 million adults ages 18 and older, this is about 18% of the population (National Institute of Mental Health). Anxiety disorders are associated with the impairment of several domains of functioning, including the impairment of relationships, care giving and job productivity (DeBoer, Powers, Utschig, Otto Smits, 2012). Anxiety disorders are a growing concern in our society, especially among college-aged teenagers/young adults. For quite some time, people have been looking for ways to decrease their levels of anxiety without the use of traditional prescribed medicine. There has been several studies done that show that there is a positive correlation between increased physical activity and an increase in a person’s state of well-being and mood patterns as well as a decrease in their anxiety levels. According to Broman-Fulks, Berman, Rabian, and Webster, â€Å"Aerobic exercise has been shown t o reduce generalized anxiety, and may also reduce anxiety sensitivity through exposure to feared physiological sensations.† There is a great deal of evidence that backs up the notion that exercise is indeed an effective way to reduce one’s symptoms of anxiety. A person that experiences anxiety finds it difficult to control their worrying and keep worrisome thoughts from getting in the way of doing the tasks they are given. According to the Diagnostic and Statistical Manual V, adults with generalizedShow MoreRelatedAnxiety Disorders : The Most Common Mental Health Illness That Affect Children2242 Words   |  9 PagesAnxiety disorders are the most common mental health illness that affect children and the amount of children affected by this mental illness has increased considerably in the past century. 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Morality and the Death Penalty Essay Sample free essay sample

In this paper. the two sides of the issue of the decease punishment. pro and con. every bit good as the morality of the subject will be discussed. Opinions from both sides are presented and discussed. as I shape and present my statement on the topic. The argument has gone on for centuries. and has been brought to the head by great figures. both historical and modern-day. Some of their positions are used here to patch together my instance. In â€Å"The Grounding of the Metaphysics of Morals† Kant argues three major points. These can be summarized as follows: ( 1 ) We are all. as human existences. terminals in ourselves. and non to be used as mere agencies by others ( 2 ) Respect for one’s ain humanity involves respect for others ; ( 3 ) Morality is itself indistinguishable with freedom. and moving amorally involves being enslaved. Kant believed that moral judgements must be a priori judgements. intending it is known prior to see. and is known independently of experience. The rule upon which moral judgements should trust is known as The Categorical Imperative. intending all our actions should be based on cosmopolitan rules. unconditioned regulations that apply as a affair of ground or reason. If a regulation passes the Categorical Imperative trial. so that action is morally allowable. If it fails the trial. so that action is morally out. and. hence. the opposite action is morally required. In the instance of the decease punishment. a cosmopolitan axiom must use that is unconditioned. In order to prove the catholicity of any regulation ( such as the moral permissibility of state-sanctioned slaying ) an illustration that potentially contradicts the axiom can be imagined. In other words. under what conditions would it be morally impermissible for the province to approve decease punishment judgements against felons? Kant. himself. nevertheless. felt that liquidators should be put to decease on history of the rule of equal and merely requital. That merely the jurisprudence of requital can find the sort and grade of penalty. If the decease punishment is non applicable to all instances. it can non be a cosmopolitan regulation. While there are frequently offenses that are flagitious and inhumane. and the passions desire retaliatory justness. it is non possible to reason a principle for slaying felons. Van den Haag. taking the Kantian position. asks whether if there is nil for the interest of which 1 may be put to decease. can at that place be nil deserving deceasing for? He goes on to inquire whether â€Å"a value system in which any life. no affair how it is lived. becomes the highest of goods. enhances the value of human life or cheapens it? † Van den Haag therefore argues that an grasp of human self-respect really demands the decease punishment. He claims. â€Å"To garbage to penalize any offense with decease. so. is to affirm that the negative weight of a offense can neer transcend the positive value of the life of the individual who committed it. I find that proposition implausible. † In reasoning for the value of the decease punishment. nevertheless. Van den Haag implicitly contradicts two basic premises of Kant’s positions. which are ( 1 ) we are all. as human existences. terminals in ourselves. and non to be used as mere agencies by others. Worlds are non to be used as agencies to an terminal. which in the instance of the decease punishment requires that felons non be murdered as agencies towards justness ; and ( 2 ) Respect for one’s ain humanity finds involves regard for others. In instances of the decease punishment. regard for others is contradicted by penalizing the felon. since the victims are being â€Å"respected† through an act of slaying that disrespects the individual being murdered. Utilitarianism is expressed in two ways – Rule Utilitarianism. and Act Utilitarianism. Justification of a ‘better societal good’ is the footing of moral logical thinking. and single instances of penalty are justified if they are i n agreement with the regulations of the justified penalty system. The general regulation of utilitarianism: Maximize societal benefit ( maximise the benefit. minimise the harms. ) Rule Utilitarianism. harmonizing to Mill. depends upon a peculiar regulation that can be appealed to that will convey about the greatest societal benefit. In decease punishment instances. regulation useful can claim that this signifier of penalty is a hindrance for future offenses and so is responsible to society more than the single being punished. Act utilitarianism attacks offense with respects to the act – whatever the offense. it must be judged in-itself and independently of cosmopolitan regulations. In this position. it can be justified to slay a condemnable if the act itself is deemed condemnable. inhumane. or if the condemnable poses a menace to the societal good. Richard Brandt is a regulation useful. The kernel of regulation utilitarianism. in Brandt’s words. is this: Our actions should be guided by a set of prescriptions the painstaking followers of which by all would hold maximal net expectable public-service corporation. Rule utilitarianism does non continue on a individual footing. It asks: what regulations of penalty would bring forth the most good? Is it truly likely that a regulation or pattern that allow ed us sometimes to penalize people we knew to be guiltless would advance public-service corporation? Brandt doubts this ; nevertheless. he has no statement for explicating how this might be prevented. Bedau’s statements against the decease punishment are extended. He claims that capital penalty is barbarous and unusual because it fails to esteem human life. in much the same manner that slaying does. In footings of justness. capital penalty. because of its irrevocability. denies due procedure of jurisprudence. As such it is ever possible that guiltless people are put to decease. The premiss that the decease punishment is a hindrance to offense is countered by Bedau. who asserts it does non discourage offense ( so. violent offenses are on the rise in North America ) . The decease punishment is. harmonizing to Bedau. uncivilized in theory and unjust and unjust in pattern. While it can be argued that Kant’s moral doctrine upholds the decease punishment. it is an inherently contradictory place. since capital penalty violates two basic rules of Kantian ethical motives. Utilitarianism. regulation. and act. is concerned with the greater societal good. This can bring forth a myopic justness system that can neglect to see the contexts of an individual’s offense since it is most concerned with the larger result of moral judgements. Bedau. who entreaties to the Kantian rule sing the built-in value of human existences. expresses the most convincing positions on capital penalty. Criminals might non move with moral duty ; nevertheless. the province is responsible for patterning moral judgements and behaviour. and can non back retaliatory justness with any grade of rational legitimacy. seventeenth century English philosopher John Locke’s defence of the decease punishment was on moral evidences. He felt that although the right to life is built-in and absolute. that it is possible to give up one’s right in perpetrating a offense that â€Å"deserves death† . His statement is frequently the footing for many of today’s statements for the decease punishment. His thoughts were that the decease punishment is a proper hindrance. that felons would be â€Å"terrified† and therefore would non perpetrate offenses that would ensue in the decease punishment. The one thing lost on many that subscribe to this thought. is that the agencies of decease have become much more â€Å"humane† in the over 3 centuries since his thought was expre ssed. What kind of fright is felt by a possible liquidator who is likely to be put down the same manner a ill pet would be? Many find seting their pet â€Å"to sleep† to be a positive and healthy experience. why would a condemnable fright a comparatively painless deadly injection over passing the remainder of their life in prison? The moral solidarity statement states that if society is held together by a consensus of what is considered immoral behaviour. that those who violate the moral order should be punished to reconstruct the moral balance. Murderers should be put to decease. if non merely to warrant the strong sense of indignation felt by the community. However. this entreaties more to the rabble outlook. which an oculus for an oculus is merely and the most effectual signifier of requital. An oculus for an oculus says that the penalty fits the offense. and that killing a slayer is merely. Why does this merely apply merely to liquidators? Why doesn’t society feel that rapers should be punished by colza. or a mugger should be mugged? Is it a general. subconscious feeling of bloodlust among those who are advocates of decease? If we are as a society seeking to discourage slaying. and give an illustration to future coevalss that killing is incorrect. we must halt stooping to the degree of the slayer an d make more decease in this universe. There is no ego defence in doing another individual to decease. I do non believe it can be morally justified to take someone’s life as a consequence of their strong belief of slaying. While the general consensus of advocates of the decease punishment seem to be that they feel it is for the â€Å"good of society† . it should be noted that over clip. things we felt were for the â€Å"good of society† have in hindsight. been anything but that. The simple fact that one of the chief statements put forth by Locke was formulated centuries ago. this shows that while thoughts can sometimes exceed coevalss. that it is unfastened to more reading than a theory put away in this twenty-four hours and age. I don’t believe decease can of all time be proven morally acceptable when using a punishment to one individual for taking one life. Merely those who genuinely are out to harm the â€Å"good of society† . be it through war. terrorist act or possible race murder. can be justifiably killed to protect society at big. A captive b ehind bars in a contemporary prison is about every bit unsafe to you and me as 1 that has been executed and is six pess under. As for the decease punishment. an oculus for an oculus in kernel punishes no 1. and does non revenge the decease of the victim. merely rushing up the inevitableness of the prisoner’s decease. Punishment in which one spends the remainder of their lives with all their rights taken off is a sadder destiny for the liquidator than being taken from this Earth. I think Italian philosopher Cesare. Marquise of Beccaria said it best when he stated: â€Å"The decease of a felon is a awful but fleeting spectacle. and hence a less efficacious method of discouraging others than the continued illustration of a adult male deprived of his autonomy. condemned. as a animal of load. to mend. by his labor. the hurt he has done to society. If I commit such a offense. says the witness to himself. I shall be reduced to that suffering status for the remainder of my life. A much more powerful preventative than the fright of decease which work forces ever behold in distant obscureness. † While people may besides reason that by put to deathing felons. you are discouraging one from taking another innocent’s life. There has been small to demo that provinces with the decease punishment ar e any better than provinces without it at forestalling slaying from happening. One thing that is for certain. is offenses and slaying will ever happen. guiltless lives will ever be affected and be lost. The decease punishment does non merely neglect to forestall guiltless life from being killed. but increases the opportunity of a wrongly convicted single losing their ain. If there is no worse offense than an guiltless individual losing their life in cold blood. therefore asking the decease punishment. isn’t it morally condemnable that one who is wholly guiltless in God’s eyes can be put to decease? If the decease punishment is moral. how can it be moral if inexperienced persons are sometimes executed? One chief unsound statement people will set Forth is that they believe that since the Bible says slaying is punishable by decease. that is why it is right and moral. However. harmonizing to the bible. the other undermentioned Acts of the Apostless are punishable by decease: Exodus 21:15 â€Å"Anyone who attacks his male parent or his female parent must be put to decease. † Exodus 21:16 â€Å"Anyone who kidnaps another and either sells him or still has him when he is caught must be put to decease. † Exodus 21:17: â€Å"Anyone who curses his male parent or female parent must be put to decease. † How is it that people can pick and take what words of God they wish to follow? Don’t we as a society believe that the events. punishable by decease in the Bible. while incorrect. are non worthy of the decease punishment? Then why is it people continue to cite the â€Å"eye for an eye† of the Bible. but disregard whatever else they choose to? Shouldn’t this be cause for some to rethink the stance put away in the Bible as being out of day of the month? Sing no maximal security prisons existed that could protect society from unsafe felons. wouldn’t people try to understand the context of the usage of the decease punishment 2000 old ages ago? The quest for retaliation can go a barbarous rhythm. Those turning up with the mentality that we must ever. no affair the cost. seek retaliation against those who cause us injury. This type of mentality basically teaches people that retaliation is alright. if you determine what they have done is crying plenty to justify said retaliation. and any response. no affair how inhuman. is justified. The ter minal can warrant the agencies. Turning up as a immature male child. I. like most kids. attended church. played with friends. and I found my portion of problem. In church I learned an oculus for an oculus. at place. I learned that two wrongs didn’t make a right. and like most kids. was confused by the contradiction these opposite positions created. Why is it that if I get knocked down into the soil. it doesn’t do it right to return the onslaught in sort? Why is it that if one takes a life. taking the killer’s life makes it alright? Why as a society do we learn our kids that it’s merely right to forgive and turn the other cheek when our piques are flared to the point that we seek the blood of the convicted and condemned? Often times. it is brought up that reprobating the liquidator to decease gives closing to the households. I have been asked before. since I have presented an anti-death punishment stance. what would I make if my ain female parent or girlfriend was murdered? I would no doubt experience intense heartache. I would no doubt experience a enormous sum of choler towards the slayer. I would without any uncertainty want to bring down injury on the 1 who caused such great hurting to me. The job is I â€Å"can’t see the forest for the trees† sing my mental engagement. That is why we as a society dole out justness as guiltless 3rd parties. That is why our society as a whole determines what is morally right. and attempts to hold a sympathetic but just oculus when convicting and condemning liquidators. In summing up. my personal position on the decease punishment is non borne of compassion. it is non because I feel that the ways the condemned are put to decease are inhumane. or that it is barbarian. It merely doesn’t make sense to me. I read the statements for. and it ever seems to me like hold oning at straws. Until it is proven to me that there is a cosmopolitan stance by those who keep the decease punishment on the books in the United States of America. and that concluding isn’t archaic and contradictory. my position will be there is no good ground that decease is proper penalty. Mentions Donald C. Abel. . Fifty Readings in Philosophy. 2nd. McGraw-Hill HumanitiesSocial SciencesLanguages. 2003. Ernest Van Den Haag. The Death Punishment: A Argument. ( 1983 )Hugo Adam Bedau. The Death Penalty in America. 3rd Edition. ( Oxford. United kingdom: Oxford University Press. 1982 ) Immanuel Kant. Groundwork of the Metaphysics of Morals ( Cambridge Texts in the History of Philosophy ) . Mary Gregor ( Ed ) . ( Cambridge. United kingdom: Cambridge University Press. 1997 ) John Stuart Mill. Utilitarianism and Other Essays. Alan Ryan ( Ed. ) . ( New York: Viking Press. 1987 ) Mark Costanzo. â€Å"Capital Punishment Is Not Morally Justified. † Capital Punishment ( San Diego: Greenhaven Press. 2000 ) Richard Brandt. â€Å"The Utilitarian Theory of Criminal Punishment. † Ethical Theory ( New York: Prentice-Hall. 1959 ) The Holy Bible. Revised Standard Version. ( Philadelphia: Westminster. 1952. )

This Is A Paper Over King James I Of England That I Wrote For My Honor

This is a paper over King James I of England that I wrote for my honors english class. I received an A on the the assignment. King James I On June 19, 1566 in Theobalds, Hertfordshire, England, Mary Queen of Scots gave birth to her only child, a boy whom she named James. James' father was Henry Stewart, also known as Lord Darnley. Darnley was killed in an unexplained explosion at his house when James was eight months old. Only seven months later, Mary Queen of Scots had to give up her throne because she was defeated by rebels. Mary left the country and James never saw her again. James took the throne of Scotland when he was only 15 months old and became King James VI of Scotland ("James I" 481). James got most of his culture and education before he was 14 years old. During his early life, the boy king spent most of his time with Scottish lords and his tutors, especially George Buchanan, his favorite tutor ("James I, King of England" 1). He received a superior education and w as known for his great knowledge. He always had a great respect for the Scottish lords that were around him as he grew up ("James I" 481). James enjoyed writing. He wrote and published many poems and translated many long French works. Later in life he also wrote many books on topics such as kingship, theology, withcraft, and tobacco. He also ordered the translation of acient Greek and Hebrew versions of the Bible into English in the Authorized King James Version of the Bible ("James I, King of England" 1). 2 He also enjoyed riding horses and hunting. This may be due to the fact that he was very frail and sometimes needed help walking. When he was on a horse, he was able to function normally. Despite his physical hinderances, King James was regarded as being very confident in his decisions. At the age of 15, James ordered the execution of a man suspected to have been involved with the death of Henry Stewart, James' father ("J ames I" 481). James wanted to follow Queen Elizabeth I of England to the throne so badly that he would have done anything to keep peaceful relations with her. When his mother was beheaded in 1587, he merely made a formal protest and let the incident blow over ("James I, King of England"1). In 1589, James was married with Anne of Denmark, the daughter of Fredrick II of Denmark. They had there first child, Prince Henry, in 1594 ("James I" 481). Prince Henry was an ideal prince and won the love of the people. Following Henry were Princess Elizabeth and Prince Charles. Prince Henry and Princess Elizabeth were both very beautiful children, but Prince Charles was a different story. Charles, like his parents, was a sickly child and had to have help walking when he was young (Chute 260). Apparently James was not very fond of women and never had a mistress ("James I" 481). The only time he ever paid a great deal of attention to his wife was when she converted to Roman Catholicism ("J ames I, King of England" 1). King James was a very giving man. He liked to gain support from people by buying them gifts. In 1605, he spent 2530 pounds at two jewellers (Levi 4). Although he spent a lot of money, he was not very good at budgeting it ("James I" 481). In 1603, King James VI got his wish. As Stanford E. Lehmberg states in the Grolier Electronic Encyclopedia, "Since Elizabeth had no children and there were no other descendants Guy 3 of Henry VIII, the Tudor line was extinguished upon her death. Throughout her reign Elizabeth refused to designate a successor, but it is clear that she expected King James VI of Scotland to follow her. When Elizabeth died on Mar. 24, 1603, James, the son of Mary Queen of Scots, but a Protestant, succeeded without incident as King James I of England" (1). King James I was also the first Stuart king of England. Many people came to see the new king's coronation in London. The town was bus tling with people and