JUSTICE SYSTEM
There are different theories and points of view regarding justice systems and tests for an unjust law in society. The discussions and arguments of Rawls are vital to understanding how justice is grounded in “mutual acknowledgment.” On the other hand, King came up with a model of testing tests for an unjust law in the system, as discussed in the report in this case. One has to start from the original position to under the structure of justice. The mastery of the principles of justice is hence crucial, as outlined below.
In the first case, there should be a sense of respect for others, and equal rights must be granted to the individuals and the system. The distribution of the rights and liberties should be grounded on the concept of value to others. According to Rawls, in his argument, there cannot be justice without recognition of personal respect. One should respect others, not for the benefit of the system, but also be treated the same way by the other people. There is hence the basis of mutual respect, which is simply respecting and treating all people with due care. Still, the system should value the subjects by giving them freedoms based on mutual respect. Some of the vital elements of freedoms include speech, expression, and the right to associate with others.
According to Rawls, inequalities are unjust in society if they do not benefit everyone. If there is not equal treatment in the system, there is a violation of the principle of mutual respect. The ruling body must ensure that the system and the laws have a concept of fairness. Cases of inequalities are only good things that happen to a small group of people at the expense of the large community. They violate the concept of mutual respect since all people are not treated the same by the same system. There is hence an abuse of power and violation of liberty and fairness. The bottom line is the aspect of mutual respect, according to Rawls. Unfair treatment of one individual is an action of inequality and hence an abuse of liberty, which is a violation of justice.
Rawls argues that the concept of mutual respect and equal opportunity are vital in the attainment of justice in the community. Every individual in the community has special skills and talents. However, there should be a recognition of equal treatment based on the mutual concept of respect. For instance, the justice system should ensure all people are subjected to fair treatment and hearing. The appointment to the public offices should be best on merit and not unfair systems and methods. The concept of fairness and justice is, therefore, rooted in mutual respect among the individuals in the society. There cannot be justice when there is are a case of inequalities stemming from different principles. On the other hand, King has different views on the tests for an unjust as elaborated below.
The test for injustice, according to King, can be done in several ways through examination and actions by the individuals. To test for the justice level of the law, King applied the concept of examination and action, as discussed below. One of the vital elements includes the nature of law and discrimination aspects. If the law is fair to all parties and individuals, it means there is an aspect of fairness and justice. However, according to King, there should be an examination of cases of discrimination. The study can be done through the collection of facts and information. If the law discriminates individuals or classes of people, then, there are cases of injustices. There should be no issues of inequalities with the system and the law in society, according to King.
The second method of testing for justice is through examination and observation of the special protections of the law to certain groups and individuals. If the law encodes an advantage to a certain group in society, there is an aspect of injustice. According to the argument of King, the justice system and the legal framework should not be twisted to favor a small group in the leadership or administration. The law should apply to all in the same manner without abuse and special favors to a small group of people. Cases of encoding advantages to small some groups indicate that the justice system is not fair and does not respect all individuals. There should be ways to address the system if the legal framework is biased. According to King, some of the vital ways are elaborated below.
One of the vital ways of examining and addressing the injustices of the law include negotiation. Negation in the legal framework is vital since it entails communication with the ruling team about the features of the law and how to solve them. Negotiation is the process of telling the system and the ruling team that there is a problem in the mechanisms of justice. It entails coming up with solutions to solve the mess. The process of negotiation entails respect to the law but pointing out the shortcomings. It is one of the vital tools for addressing the issues of injustices, according to King. The process also entails tabling of the issues which seem to hurt a given section of the individuals. The objective is to ensure the correction of the weakness and the injustices of the law to attain justice. The contribution of King is vital in the justice system.
Conclusively, Rawls did a great contribution to addressing social justice. According to his argument, the three principles of mutual respect are vital in attaining justice. There should be mastery of the theory of justice, inequalities, and mutual respect to attaining justice. On the other hand, King argued that one should have sound mastery of the justice system to find cases of weakness. The issues include a lack of fairness and discrimination. Others entail special protections or encode an advantage to a small team or class of individuals, as discussed above.