About this sample
About this sample
Words: 3042 |
16 min read
Published: Mar 14, 2019
Words: 3042|Pages: 7|16 min read
Before considering social justice, it is important to understand why it matters. Social justice is a powerful idea in society today, buts its origins and meanings are partially unclear. There is perhaps little if any doubt about the significance of this question among people in poor and rich countries. The following research in regard to what I am going to discuss within this essay is looked upon at the concept of justice in regard to the issues and the impact of justice as of reducing the balance between rich and poor. Subsequently the overall concept of justice will appeal in my contention about fairness. As this meaning isn't controvertible it will demonstrate that patterns which are indecencies as embodied in the developing countries demanding another way to deal with justice between the rich and poor nations. However, in today’s gig economy this is not the case with reference to case studies it enables to try bringing out the possibilities and limitations of social justice as of what can be achieved to make it a better outcome. It also talks about the conventions and principles as stated as to what the society is doing to protect the individuals that are of in need of supporting their conditions. It even defines detailed definitions as opposed to every definition being merely different as from the perspective of the person in rich and poor countries such as social justice and fairness each word described having its own meaning. However, no one can deny the gap between rich and poor, but it is becoming progressively wider. Throughout the essay I even have concluded 1 context of justice distributive which is to do with fairness but in contrast it is said to be successful but is still being criticized. It is even argued that social justice is perceived as protecting individuals ensuring that they are treated fairly.
The definition stated by Susan Torres offers a useful starting point for explaining the key individual elements of each word as opposed to the context within this definition under international law. As stated social justice is the key fundamental in valuing of ‘fairness and equity in resources, rights and treatment for marginalized individuals and groups of people, who do not share equal power in society because of their immigration, racial, ethnic, age, socio economic, religious heritage, physical ability, or sexual orientation status groups’ . As prior to clearly being a member of society, each member deserves to have all the same rights and opportunities and fairness within because the key components and aspects of social justice are entirely to do with society fairness. Therefore, it concludes to be the very essence of all great spiritual teachings throughout the society and without justice they cannot be any greater justice. To an extent it is even basically trying to create a society so that all members can lead fulfilling lives and have access to all the institutions prior to helping members of society realize potential in the community. Besides that, the meaning of justice is pretty well captured in a more familiar term, because social justice takes the core idea of justice as fairness and fairness often has been used with regards to an ability to judge without reference to one's feelings or interests and it can be heavily debated and is defined differently depending on whether it is from the perspective of the rich or poor.
The law is moderately being a characteristic instrument as it can both increase and decrease legal aid. A particular example of the law diminishing legal aid is Equality Act 2010 which legally protects individuals from segregation in the work environment and wider society. However, they are numerous occurrences where this isn't the case in the law protecting individuals against discrimination. However, individuals are still being segregated example women may not get a job position due to becoming a pregnant mother and after that taking a paid leave. Besides that, additionally there is still a compensation pay gap amongst men and women and essentially, they should have right to equal pay. It is very common as to the gender pay gap being a potential topic of interest as of it being reduced within the UK it is still suggested it is still in favor for men. However as indicated over the UK it is said to be that men earn more than ladies as indicated by the national statistics and therefore the equality act must work on the grounds claiming that in April 2017, the sex pay hole for full time representatives diminished to 9.1% as in 1997 it was 17.4% as indicated by ONS. Although over time it has decreased, it is yet not socially on the grounds that people aren't dealt with similarly and are contrarily negatively discriminated till day.
In R (SG) v Secretary of state for work and pensions (2015) UKSC 16, (2015) 1 WLR 1449, the inquiry was whether the advantage cap was justifiable. The cap limits total of household income from welfare benefits to a fixed sum, irrespective of the subsistence needs of the family. The parties come to terms that it was by implication prejudicial against women. Lady Hale stated that what must be considered is whether the benefit cap applies to lone parents and it can be justified independently of its discriminatory effects. In considering that, Lady Hale concluded that the cap will deprive children of their basic needs which cannot be in their best interests and therefore the indirect sex discrimination inherent in the cap’s implementation is not a proportionate way of achieving its aims. Therefore, the most unfavorably influenced were single guardians with at least 3 or more children living in generally costly leased accommodation. They were adversely influenced as of the fact that they were less likely to get away from the impact of the cap and by moving to a new house and getting a job. Overwhelmingly these lone guardians were women and statistics demonstrated that 90% of single guardians are women in the UK.
It is even seen that agreements representing those working in the gig economy are an example of exploitative new work patterns, and authoritative commitments in the common law. And sense they can never longer convey justice as shown by Uber and Deliveroo. These two organizations could control business law to profit them, Uber workers are categorized as independently employed working in a gig economy in view of adaptable work hours as they have little to none business security or assurance.
Looking at the discussion of social justice in relation to distributive justice in a national and international context, distributive Justice is more concerned with the fair allocations of resources among diverse members of a community. The principles in regards to this are normative principles designed to allocate goods in limited supply relative to demand. The principles vary in what goods are subject to distribution income, wealth, opportunities and on the nature of subjects of the distribution and on the basis the goods distributed. One of the simplest principles of distributive justice is that of strict or radical equality. The principle even says that every person should have the same level of goods and services .However distributive justice is therefore best thought of as providing moral guidance for the political processes and structures that affect the distribution of benefits and burdens in societies. Beyond that the UN often refers poverty as a vicious cycle made up of a range of factors associated making it hard to overcome. As opposed to many societies are preventing individuals from enjoying their rights simply either as to who there are or cannot afford. Discriminatory laws, policies and practices may suggest that these groups are even denied the right to high standard of health, to work and adequate housing.
Within case study the concept of social justice can have an impact as the laws can affect the opportunities of the freedom of citizens. The laws likewise control the delivery and influence whether assets e.g. education, healthcare and housing are or are not accessible to people based on their racial, ethnic, to age, socio economic, religious, heritage physical ability, or sexual orientation . To an extent at a point when laws discriminate people based on their enrolment to a specific social gathering, they have a substantial impact not just on who but on how people can embody and perform their personality, however likewise they can influence whether they can get to welfare benefits that addresses converging types of poverty.
Besides that, what comes into place also is referred with refugees and they are more to do with an individual being given security of protection. Therefore, asylum seekers become a refugee when the immigration authority decides on the outcome whether the individual fits within the international definition of a refugee. Besides this the international law states that for an individual to become a refugee the individual clearly needs to have met the criteria for the refugee status as stated by the article convention 1951.
International and European law on a refugee basis is an example of the law being socially just and a measure of reducing balance between the rich and poor claiming the law is giving asylum seekers and refugees the chance to a superior life by enabling them to dwell in their country of origin, if their life is in danger in their country of origin. The Dublin Regulation is one measure of the European law which does this. Article 6(4) of regulation (EU) No604/2013 expresses that a part state in which an unaccompanied child has held up a case for asylum, the best interests of a child must be protected. The law instantly promotes social justice because it is taken account of the prosperity and the best interests of the child into thought before anything else. Within the 1951 convention Article 31 even states that refugees are secured against penalties for reason of illegal entry. The law encompasses human rights and it even promotes social justice and sustainability since it ensures that individuals who are in danger or at risk by aiding them to move to a safe country.
Furthermore, Whether the applicant the home countries are ‘safe’ it can be assessed by examining the definition in Annex I of the Procedures Directive, which stipulates that taking into account: the legal situation of a country, the application of the law within a democratic system and the general political circumstances…there is generally and consistently no persecution…, no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict .
Although the 1951 article convention sets out an obligation on states to treat refugees without discrimination in view of their nation of origin , the asylum procedures directive and its recast have enabled the EU nations to partition asylum seekers into various categories, with nationals of certain third nations justifying less favorable procedural treatment than others. This may raise basic strains with obligation to regard of the convention as the foundation of refugee protection in the EU4 and to refrain any elucidation of the EU refuge acquits which would undermine it.
According to lady hale speech case study is entirely linked as many infection diseases are killing millions of people each year of whom are in the developing world. The leading cases of illnesses and deaths are in Africa, Asia and south America regions that accounts for the world’s population which are HIV/AIDS, The crisis of aids has especially drawn the attention with respect to the way that numerous number of people in the developing world don't appear to get to the medications that are expected to treat disease or alleviate suffering. Consistently many more people are killed due to the aids in this developing society. The situations behind this is because of the lack of access to essential medicines being manifold, however in many cases high cost of medications is particular barrier to required medicines or treatments. As from knowing excessively the drug prices are often due to strong intellectual property protection. Therefore, the governments within the developing countries try and attempt to bring the cost of the medicines down prior to having come under pressure from industrialized countries and the multinational pharmaceutical industry. As to joining WTO it equals to lower tariffs meaning more money for the owner of the medicines. In terms of this the world trade organization partially sets out standards for the overall protection of intellectual property, including patents for pharmaceuticals, which has come under criticism because of the effects that increased levels of patent protection will have on drug prices .
Several number of new medicines are vital for the survival of millions they are already too costly for most people in poor countries either because the medicines are unaffordable, have become ineffective due to resistance, or are not sufficiently adapted to specific local conditions and constraints The law as of opposed does not deliver a socially just outcome as of those in a less economically developed nations and won't have the capacity to afford the cost of medicines by owners who have a monopoly because of licenses required by trips. Nonetheless, it does protect individuals' property rights so individuals can't copyright their work so nobody else can assume the acknowledgement for it without the owner’s consent.
From this, one could come to a conclusion that the Doha Declaration takes a large step toward ensuring that intellectual property protection serves the public interest and lays out the options countries have available when prices of existing patented drugs are too high for their populations .Also that the law protects property more than it does therefore people’s lives are wasted due to patent laws being practiced. It can even be said that law undermines social justice and that law will never be socially just as opposed to the current system of the intellectual property. However as to considering a different context such as human rights, the law still protects people as much as it possibly can as to a certain extent where these laws will allow citizens to flee their country if they feel they are being persecuted.
The UK legislation in the 1940s recognized rights to universal free education up to age14.This helped poorer children have free access to schools. The underlying principle was social justice as to those not being able to look after themselves should be looked after by the community from the cradle to the grave. Besides that, in relation to this what emerged in 1942 was a Beveridge report which was a method of reducing the balance between rich and poor as the rich paid into scheme to help the poor. This is an example of the law from the cradle to the grave as to the whole community looking after those in need of help.
Referring to lady hale speech from the comments they are ought to be applauded as she has an obligation to secure the task and access the law in the UK. However, she considers it to be her obligation to alert those along these lines and if not, it would be ethically off-base. I feel that the access to justice is a vital issue and if these progressions imply then those with no capital can't challenge those with huge money saves the suggestions for us as a general public are appalling. However, take cases of evidence against huge pharmaceutical organizations for instance without legal aid are currently now impossible. Besides that, there have been hi profile cases of absurdity, for example, the Maxwell Brothers when all is said and done in the arrangement of legal aid it has prompted fairness and equivalent access. In the event the judges say nothing in regard to the approaches about the policies it will therefore destroy natural justice issues. I would recommend that they have failed the promise they took towards the beginning of their profession and should hang their heads in disgrace. The main thing is that it is basic if they criticize such plans wherever they originate from and are not divided in their complaints. This lady’s balance is a careful critique to me as an indication of her exceptional honesty and faith in the law and access to it for all. I applaud her activities and expectation it causes a genuine verbal confrontation.
Overall each case study raises significant questions about the balance between rich and poor in terms of advantages and disadvantages.
Besides that, the law does have an important part in promoting social justice, but it is limited. Numerous people would state that the law adds to the realization of a more socially and sustainable society because of human rights and legislation and international and European law, however this isn't altogether true. Whilst the law is encompassing human rights it has promoted social justice in past when incorporated but it isn't always generally for the underprivileged. Property law is a key example of how the law doesn't change the harmony amongst rich and poor rather it builds it. The conception of social justice refers more broadly to fairness and equality, but it additionally speaks to a worldwide structure for human rights, recognition and dignity, however patent laws are utilized for instance peoples dignity and human rights are not regarded. Also crediting individuals for their work is considered more vital than saving a life, therefore it isn't altogether. Just, it can be esteemed ethically wrong while social justice is tied in with being ethically right and moral.
Further on in regard to the laws having an impact on these circumstances changes have been implemented but it doesn't have much of a big impact as to balance. Beyond that referring to lady hale speech every context in social justice has a different meaning in poor and rich countries because of the world we live in and prior to the difficulties faced. However, at a point we understand justice drives from ensuring that all individuals and countries have equal opportunities to exercise their talents and be rewarded for their efforts. Also, as to the 1951 conventions being in place it helps provide a good framework within which decisions can be made and it can at least help with decisions and help individuals.
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