Justice/Fairness Approach Learning Plan #5 Sara Deibert, Sara Roxbury, Allie Forsythe, Robert Phillips March 31,2008

Summary Focuses on how fairly or unfairly our actions distribute benefits and burdens among the members of a group. Focuses on how fairly or unfairly our actions distribute benefits and burdens among the members of a group. Benefits and burdens may be distributed based on what a person needs, deserves, contributes, etc., or may be distributed equally to all. Benefits and burdens may be distributed based on what a person needs, deserves, contributes, etc., or may be distributed equally to all. All equals should be treated equally All equals should be treated equally

"In distributing benefits and burdens, treat people the same unless there are morally relevant differences between them." "In distributing benefits and burdens, treat people the same unless there are morally relevant differences between them."

Fairness requires that we are consistent in how we treat each other. Fairness requires that we are consistent in how we treat each other. Organ transplants Organ transplants Medical need Medical need Likely to survive Likely to survive

ROBERT NOZICK THE ENTITLEMENT THEORY

Theory is based on the idea that only free market exchanges respect people as equals Theory is based on the idea that only free market exchanges respect people as equals

The theory consists of three principles: 1. Transfer principle 2. Acquisition principle 3. Rectification principle

Nozick's "Entitlement Theory" argues against social and government policies that redistribute wealth via taxation and other programs. Nozick's "Entitlement Theory" argues against social and government policies that redistribute wealth via taxation and other programs. Everyone, regardless of abilities should have their needs met. Everyone, regardless of abilities should have their needs met.

Conflict Who decides what is fair? Who decides what is fair?

John Rawls Theory of Justice

Three Major Principles Three Major Principles Veil of Ignorance Veil of Ignorance The Difference Principle The Difference Principle Distribution in society, Concept of Liberty, and Role of Individuals’ Rights in Society Distribution in society, Concept of Liberty, and Role of Individuals’ Rights in Society

Veil of Ignorance Veil of Ignorance Idea that no one knows their personal status in society Idea that no one knows their personal status in society The best interest of the society is to protect the lowest members of the society, in case they end up in the lower class once the “veil” is lifted The best interest of the society is to protect the lowest members of the society, in case they end up in the lower class once the “veil” is lifted

Difference Principle Two Principles of Justice 1. “Each person is to have an equal right to the most extensive scheme of basics liberties compatible with a similar scheme of liberties for others”

2. “Social and economic inequalities are to be arranged so that they are both reasonably expected to be to everyone’s advantage, and attached to positions and offices open to all.”

Conflicts Veil of Ignorance Veil of Ignorance Difference Principle Difference Principle

Application to Organ Transplants

Those who benefit the most are likely to receive at transplant Those who benefit the most are likely to receive at transplant Success rate Success rate Who determines who is most beneficial? Who determines who is most beneficial? Gravely ill may be skipped over Gravely ill may be skipped over

An organ waiting list makes this seem a little more “fair” An organ waiting list makes this seem a little more “fair” Desperately ill often die while on waiting list Desperately ill often die while on waiting list 93,000 people have been recorded on this list at one given time 93,000 people have been recorded on this list at one given time

A patient can still have a beating heart when an organ is taken for a transplant A patient can still have a beating heart when an organ is taken for a transplant Surgeons only need to wait until a patient is declared “brain dead” Surgeons only need to wait until a patient is declared “brain dead” Dying organ-needing patients pressure doctors Dying organ-needing patients pressure doctors Doctors only need to wait 5 minutes after a heart stops beating to remove organs Doctors only need to wait 5 minutes after a heart stops beating to remove organs Infant organs Infant organs

Review Questions What is the basis of the justice theory? What is the basis of the justice theory? What are the 3 principles of Nozick’s theory? What are the 3 principles of Nozick’s theory? What are the 3 principles of Rawl’s theory? What are the 3 principles of Rawl’s theory?