"Adl va Ensaf" Comparative Law Researches Quarterly

Justice; as fairness or human ability

Document Type : Original Article

Author

Religion and economics

10.22034/aeclr.2024.486326.1154
Abstract
Since time immemorial, justice has been a very important concept and has been of interest to activists in the field of social sciences. This article tries to analyze the theory of John Rawls, a political philosopher of the 20th century, about justice and compare its content with the thought of Amartya Sen, a theorist and winner of the Nobel Prize in Economics (1998). ) to explain the new theory synthesized from the opinions of two philosophers. Therefore, by using the descriptive analytical method, the question has been raised that how is it possible to achieve justice based on fairness or ability? And by using the conceptual framework of justice of John Rawls and Amarthiasen, this hypothesis has been raised: Rawls and Sen views They are similar to utilitarianism, which sees its end in general welfare and happiness for the maximum society. But in their methodology, they are different and inconsistent regarding the realization of fair conditions. From Rawls' point of view, fairness is the principle of equality of fair opportunities, and from Amarthiasen's point of view, it means the existence of conditions that present different options for people to choose, and time selection means that a person has the right to choose between different options and will become vulnerable when the choices are limited. By understanding the concept of capability, the poor is not someone who has no income, but someone who cannot get out of poverty.

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