10/26/07

Justice

Though sound sort of ethical cliche, fairness must be dealt with in most social results. Its failure can be a deadly blow to a society. While the issue arises naturally in a society, it comes in shades and doesn't has to be egalitarianistic. In terms of historical evidence and proper juristic rationality, antitrust settings, be them political, economical or social, have to be there in modern society.

The advancement of technologies and the increase of ensuing risks are turning international justice into something non-reactionary. While promoting their idea of justice, employment of due process has to be prudent, or else, developed countries may turn our global village into a jail.

In our highly automated world, Rawls-Sunstein's theory of justice should be highly regarded. Rawls propounds a version of non-egalitarianistic political liberalism that is further derivative of a rational, hypothetical and non-metaphysical "original-position". Basically agree with his maximum liberty and fair equality of opportunity principles but not "the difference principle" as it is clearly contradict with his "veil of ignorance" methodology by which neither preference for majoritarian nor minoritarian should be allowed. Nevertheless, a just society must protect the fair minority interests; it's just protection, no more or less. Otherwise, as both majoritarian and minoritarian tend to push their own benefits to extreme, political crisis could easily be aroused. Nonetheless, if the minority is pushed to a corner, they have every rights of self-defense.

Deliberative democracy of Sunstein displays commitments toward public-regarding reasons in public decision-making process, to civil society, contractarianism and against unfair group/individual influence. A version of neo-pragmatic meritocracy need be there for adjustment. Fairness is still the key; unfair contractual terms or practice can defeat their validity. As society turns high-risk, emphasis on scientific health need be injected into the process.

Antitrust and Seen Justice
Seen Justice is derived from the maxim "justice must be seen to be done". It denotes proper settings or arrangements for possible fair results and can be said as the basis of antitrust reasoning. Its absence betokens injustice. For instance, the controversy of long-term dominance of a political power can be easily solved when the legislature, judiciary, executives and media workers are mainly supporters appointed by the dominant power.

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