Nussbaum's Theory Of Justice

1012 Words5 Pages
#FeesMustFall Apartheid. Injustice. Atrocities. These are all words that create a powerful image of South Africa’s history. It creates an image that any South African knows only to well. Over time has this image of our country changed? How are we transforming our country and is it effective? More to the point, does the concept of justice exist in the financial aid system in South Africa today? By exploring John Rawls and Martha Nussbaum’s theories, this essay will critically discuss these questions. The fact that law regulates the financial aid system in South Africa will also provide an opportunity to explore whether justice exists in our legal system. Most importantly however, this essay will demonstrate that there has been progress made…show more content…
While Rawl’s theory has its root in the doctrine of social contract, Nussbaum rather draws her theories connections to Aristotle’s philosophical ideas of a good life. As Rawls believes that justice is fairness, his theory is focused on ascertaining fair principles within society. Rawls introduces two concepts that aid in the determination of fair principles; namely the original position and the veil of ignorance. These concepts are essentially thought experiments. In conducting the thought experiments one would imagine themselves in the original position behind the veil of ignorance. In other words, an individual would think of himself or herself in a position before birth. In this position an individual would not have any idea about where they would end up in society. Therefore individuals would not have any knowledge about their parent’s financial position, what gender they would be, if they would be prejudiced due to being a certain race or any other information about the circumstances they would experience once…show more content…
The first principle, which takes preference over the second principle, is that every individual would have an equal right to basic liberties. Secondly for an inequality whether social or economic to be allowed they would have to either be of the greatest benefit to the least privileged or the inequalities must be attached to offices that are open equally in opportunity to all individuals. Therefore, society should be fair in all aspects and the only time a principle would be allowed to be unfair is if falls within one of these two

More about Nussbaum's Theory Of Justice

Open Document