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A University’s Duty to the Protection of Free Speech During the fall semester of 2016, posters promoting white supremacist views were posted around campus at the University of Michigan. These posters were a part of a larger trend on campus of public displays of offensive language directed at members of campus minorities, including anti-Islamic and anti-Semitist attitudes. The University President publicly condemned these displays and stated that they were viewed as an “attack on all of us who value constructive dialogue and a welcoming university environment.” However, the University also announced they would treat the displays as instances of free speech covered by the fundamental rights of freedom of expression and therefore
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The Veil consists of members not knowing the “essential features” of their situation once they were to enter the society, for example their class position, social status, fortune, intelligence, strength, etc.
Under the principle deemed “maximin,” Rawls addresses one of the comparisons between his theory and that of the utilitarian. Utilitarians believe in the principle of maximum average utility, in which society should be set up in order to create the highest level of utility averaged among all citizens.
PROMOTION OF THE LEAST ADVANTAGED MEMBERS OF THE SOCIETY.
Applying Rawls to the case at the University, it becomes clear why the University must allow for the freedom of speech. In the Original Position, persons would not know which political and social views they may obtain, nor whether or not at the time they enter the society whether or not the expression of their ideas would be what is the “norm.” In a position of justice, persons in the Position will choose the features of the society in which self-expression is allowed and should not be squandered upon the
As the tides of politics may ebb and flow, shifting what opinions are frowned upon, the Original Position must remain independent of the society.
Some problems arise when accounting the University as an entity rather than an individual. Rawls emphasizes the importance of the party in the
Rawls’ principles of justice also take individual wellbeing into account. The competing theory of the day – utilitarianism, summarized in the slogan ‘the greatest good for the greatest number’, did not consider the good of individuals in society. Rawls’ theory, however, caters not only to individuals, but also to minorities who might suffer at the hands of utilitarianism. A Utilitarian might argue that Rawls’ assured individual liberties are not conducive to the betterment of society as a whole, in that individual welfare may sometimes conflict with communal welfare. This argument is somewhat negated on consideration of the annulment of disparities, which is not only beneficial to individuals, who could potentially possess some handicap either socially, economically or physically, but also to society, as it is the meritorious individuals who induce economic and social growth. Relative wealth, health and social position are mitigated in the interests of fairness. It stands to reason that the society in question will prosper from a system of formal equality, as it encourages excellence within the community. It also stimulates competition – rational individuals will naturally want more primary goods for themselves , and will be willing to compete for these. This is vital to a healthy economy because it prevents stagnating monopolization by individuals.
John Rawls a political theorist engages in various political theories and arguments that contradict, support, and scrutinizes others theories made by other notable political theorist. Rawls contemplates usage of theories such as The Theory of Justice, Veil of Ignorance and Nozick’s Entitlement Theory which will be discussed within this analysis for their relation to society and what benefits or aliments they hold if any on society’s effective function.
Rawls strive to determine how we can make a society as just as possible. Rawls derives two principles; liberty principle and the difference principle. He also gives a theoretical device that he calls “the original position” and “the veil of ignorance” this device is meant to help us in the way that we picture our self behind a veil. We do not know the basic things about ourselves like our sex, age, financial status etc. This device is to help us be totally neutral in the sense that we do not know our status in society. After putting our self in a status quo if you will, we can now decide on what us just for the whole society. Rawls derives then the difference principle. To put this is Rawls own words, the difference principle is: “Then the difference principle is a strongly egalitarian conception in the sense that unless there is a distribution that makes both persons better off an equal distribution is to be preferred
In order to uphold the integrity of our democracy, constitution and higher education standards, there must be an effort to preserve free speech on college campuses. However, in equal measure as illustrated in the First Amendment, students should also be protected from hate speech and provided an equal chance of receiving a safe education. Perhaps it is beneficial to also consider however, that a ‘safe’ education should not be misinterpreted as an entirely un-offensive one. In order to assist in the political discussion and recommended courses of action regarding free speech on college campus, political philosophers’ John Stuart Mill and John Rawls texts’ will be referred to and analyzed in this essay.
Lawrence sheds light upon the very turbulent issue of the First Amendment right to the Freedom of speech in contrast to the inequality caused by its misuse through racially bias speech. The author states that the University officials should endorse some sort policy that will protect the rights of those who are victimized by this “racial nuisance,” while at the same time not censoring our constitutional right of free speech, “I am troubled by the way the debates has been framed in response to the recent surge of racist incidents on college and university campuses and in response universities attempts to regulate harassing speech” (Lawrence,65). Continually, Lawrence defines the set of ideals that the First Amendment was based on, particularly; equality. He goes on to show the audience that this very balance is
Rawls assumes that these hypothetical people would be conservative risk takers and in a situation of uncertainty would opt for the least disadvantageous outcome in any choice presented to them and they would choose those principles that would maximize the position of the worst off, for just in case they should be the worst off. The two principles of justice that such people choose are:- 1. Each person is to have an equal right to the most extensive liberty compatible with a similar liberty to others. 2. Social and economic inequalities are to be arranged so that they are both a) to the greatest benefit of the least advantages b) attached to offices and positions open to all under conditions of fair equality and opportunity.
Explain Rawls on the original position and the veil of ignorance. State Rawls’ two principles of justice. Explain why persons in the original position would choose each of the two principles.
Despite their opinions, free speech was a great way in this situation for students to rally together and publically inform the rest of campus of their beliefs. In the school newspaper, The Daily Emerald, CJ Ciaramelle wrote “About 300 students from across the campus community — student unions, Greek Life, the ASUO, the Survival Center, the Women’s Center — showed up at the meeting to protest the Forum” (1). Although the majority of people protested against the forum the right to free speech, it is important because it allows students to make decisions on their own and invite students to do the same.
John Rawls was an America philosopher whose idea was to develop an experiment for individuals to seek a fair notion of justice. Rawls experiment was a hypothetical one that engaged the individual to look at society and fairness from another perceptive. Individuals were to use their imagination and pretend that they were born into different lives, for example, if their mother was a single parent that worked two jobs just to put food on the table vs. the lavish life style one lives today. Society isn’t just, but if the individuals didn’t know their position or their background it could eliminate discrimination and give rise for equal opportunity for all. Rawls believed in the notion of the social contract theory, if everyone was in agreement they could form a sustainable society. Rawls proposed the government could possibly work for everyone, under these pretenses. Rawls had two key principles which focused on
The works of German philosopher’s Immanuel Kant and Karl Marx have played significant roles in the development of different sects of philosophy and religion. Immanuel Kant was born in 1724 in Konigsberg, East Prussia, now presently Kaliningrad, to a devout, poverty-stricken family of eleven children. Through his works, it is evident that Kant was raised in the religious teachings and values of pietism as his theories show a heavy influence of his religious upbringing. Kant as a young boy was accustomed to a routine of working and studying, and despite never travelling far from his hometown, he grew to be sociable and witty. Karl Marx was born almost a century later in the town of Trier, present-day Germany, in the year 1818 into a middle-class family. Marx studied a variety of disciplines, including law, philosophy and history, and became a preeminent philosopher, a revolutionary economist and a great leader. The revolutions of his time and his profound disapproval of the capitalist economic state inspired his works, particularly his concepts on authority and exploitation and his theory of history.
John Rawls was born on 21st February, 1921 in Baltimore, Maryland. His father was practicing laugher and his mother was the President of the new League of women voters in Baltimore. Rawls graduated from the Princeton University majoring in philosophy. Upon graduating from Princeton University, Rawls joined the US army and when his troops visited the remains of Hiroshima, if profound effect on him. Later, he joined the Cornell University in Ithaca, New York, as assistant Professor of Philosophy. In 1962, he was given Professorship at Harvard where he published his ‘Theory of Justice’ in 1971 and was awarded the Phi Beta Kappa Ralph Waldo Emerson prize in 1972. He retired in 1991 but continued teaching political philosophy till 1995.
John Rawls was the second most important political thinker of his time. His main contribution to the idea of a civil society is his theory of justice. Rawls believed in “social primary goods” which included rights,
John Rawls was dissatisfied with the traditional philosophical approach to justifying social and political actions therefore he attempted to provide a reasonable theory of social justice through a contract theory approach. In his work, A Theory of Justice, Rawls bases almost the entirety of his piece on the question, what kind of organization of society would rational persons choose if they were in an initial position of independence and equality and setting up a system of cooperation (A Theory of Justice-enotes)? From this seemingly simple question, Rawls goes into further detail describing what he believes society would and should do when setting up a fair and just organizational structure. Throughout his
Rawls argues that two principles could be universally agreed upon by individuals in the original position: the equality of rights and the difference principle. No individual in the original position would choose to subject themself to a society that unequally assigns rights and duties because they might find themself severely disadvantaged in such a society. Similarly, no individual in the original position would choose to subject themself to an organization of society in which the least-advantaged were not the most well off. To clarify, it would be the most rational for individuals in the original position to try to maximally improve the situation of the least-advantaged individuals, since they might find themselves in the position of the least-advantaged. The difference principle derived thus is that social and economic inequalities must benefit everyone and be of the greatest benefit to the least-advantaged individuals in society.
John Rawls was known by many as one of the greatest American political philosophers of the twentieth century. He is well known for his published work called the Theory of Justice. In this book, he tried to explain the political structures that are designed by society for its citizens. He considered his theory as a guide to preserving social justice and individual liberty. In this essay, I will explain Rawls philosophy on the principles of justice, the veil of ignorance and provide my criticisms to his theories.