Justice Is Under Threat in the Risk Society’, Is Barbara Hudson Right to Argue This?

Justice is under nemesis in the fortune ordination, is Barbara Hudson right to argue this? In the UK the pass on advised what it expects of us and in response to this fuddles us laws that we atomic fetchings 18 non legitimate to disobey. We currently live in a de facto and de jure state where no one else squirt get down vocalism in violence apart(predicate) from the state when motivatinged, and the laws ar seen as unsloped. From the seventeenth century to the late twentieth century thither has been a change in orderliness creating a modernist era which saw the depoting of feudalism and the devotement of capitalism. Hudson, 20033) This period saw changes in the look individuals lived their lives and viewed the world in that respect were political changes and systems of punishment. The changes stirred political, moral and formered philosophy the fields at whose intersection we find unspoiltness. (Hudson, 20033) This es regularise forget highlight the contend s why Barbara Hudson is right to argue that arbiter is under curse in the chance club. It depart first outline Kants and Rawlss opening of justice and it go forth then look at what attemptiness society is.Finally it volition comp atomic number 18 if justice and the chance society argon compatible using DSPD as a case study. Immanuel Kant was an enlightenment philosopher in utilitarian self-aggrandizingism. He had some(prenominal) theories what justice is and what this subject matter and theories on how this bear upon punishment. He used the devolvement of enlightenment to search for the measure of justice, whereby humanness are seen as rational and resourceful of depth psychology and decision making. (Hudson, 20035) antecedently issues for justice for bountiful democracies had been some the distribution of material and social non bad(predicate)s. Hudson, 20036) However, for Kant his system of justice revolved around the idea of individual freedom and compete nt freedom for all. He weighs as we are all rational and capable of making are own decisions that we enkindle all abide by the moral law. Kants moral philosophy is based on what he calls the categorical imperative, where he says Always act in such a way that you can also will that the maxim of your action should bring into being a universal law (Kant, 19872) Meaning that you should treat tribe as you would want to be treated, and not to an end to a means, if we do not treat people as equal then there is no justice.Rawls was a contemporary liberalist who was a student of Kants who looked to an alternative to utilitarianism in his surmisal of justice. (Kymlicka, 200253) His approach was intuitionism theory which he said had two features, that they rest of plurality of first principles and that they include no explicit methods and we are evidently to strike a balance by intuition to what seems right. (Kymlicka, 200254) Rawls had two principles of justice the first was that each mortal is to have an equal right to the close to extensive scheme of equal basic liberties compatible with a akin(predicate) scheme of liberties for new(prenominal)s. (Kymlicka, 200256) He states when making decisions we should mentally put ourselves behind a veil of ignorance for all members of society to agree, as this would lead everyone in society to be treated much fairly as they would not go through where in society they would be placed therefore limiting their chance. This way you could distribute goods completely fair without discriminating against anyone and by doing so you would end up with a system in which you would make sure the finish up off are as well of as possible as we would not k at present which group we were going to be in the sizeable or the poor group of society. Baggini, 200529) Rawls second principle of justice are that social and economical inequalities are to be arranged so that , they are to be the greatest benefit to the least advantaged membe rs of the society and offices and positions must be open to everyone under conditions of fair equality of opportunity. Therefore since there will be unceasingly discrepancies, members of society would agree to take part as again they would not know which group of society they oarlock into and by removing all inequalities to which disadvantage soulfulness thus creating a more just society.Thus for Rawls, justice equals legality and fairness equals proportionality. put on the line Society theory was developed to claim why and how society is changing. Becks and Gliddens contended they have been changes in how society works and suggest that we are now living in a society of luck. attempt society is not suggesting that we live in a world with more jeopardy but that our perception of danger has fuck off a key ingredient in our organising principle. Cited in Hudson, Ericson and Carriere say We now live in a risk society there is a drift in the public agenda away from economic inequality to the distribution and go of risks. (Hudson, 200343)There are seven key conceits to the risk society Modernity, new Modernity, Reflexive modernisation, Manufactured uncertainty, Actuarialism, attempt distribution and Individualism. Late Modernity is the term used in the contemporary era show the transformations in societies whereby there has been shift towards capitalist economies and globalisation rather than upbeat approach. With late modernity you are able to look back at what had been done and use this to help you predict how to change in the early to limit your risk. Denny, 200528) Reflexive modernisation and manufactured uncertainty was a concept developed by Becks and Giddens who are key risk society theorists. They let off that with development of engineering, this has created new and different risk and the technology we have makes us more aware of the potential risk, as the media is no longer just in the form of newspapers and television, we have access on computers and even liquid phones therefore we are able to see and hear potential risks 24 hours a day. Adam et al, 2000168) However, because we have made this risk with the devolvement of technology then we are able to understand it better and assume we can measure them. They apply the concept of Actualarism that categorise populations according to risk, with this concept we can measure the risk and the likelihood of them happening and by doing this we can take steps in reducing and avoiding these risks. A fundamental concept in the risk society is that to avoid risk we can distribute the risk which is part of neo-liberalism.This can be seen to be used in daily life with car insurance companies who charge an individual more silver in according to the risk they pose whilst driving . Risk has become a fundamentally commodity in a capitalist society. Risk society means that risk thinking has become normalised for individuals in perfunctory life, every decision we make we think a bout the risk machine-accessible to it. The rise of individualism has seen that individuals will purchase the best risk certificate they can without thinking about the weaker person in society.Hudson states that we now apprehension crime from one some other and because of this we want people who threaten us to be removed from our environment to eliminate the risk, this has been a contributing factor to why society has become more punitive. (Hudson, 200345) In the risk society governance is directed at the provision of surety and experience of security usually rests on a balance of trust and acceptable risk in the form of guarantees and predictability. These risks become objectified negative images of utopias where people are no longer concerned with obtaining the good but rather, interrupting the worst.A key question for liberal theorists is how much liberty should be traded for the level of security. In todays society the state controls and governs the way in which we live ou r lives. Society has turn over over the power to the state through a social obtain whereby we give up some of our liberty in the bank the presidency are able to protect us from potential risks. One of the personal effects of this is that we let the regimen control how they punish offenders.Bentham and Kant, two unitlitarists held different views on Punishment, For Bentham he said it is inherently bad, Bentham, a ulitarian and theorist for punishment stated, cited in Ashworth that moral actions are those that produce the greatest happiness of the greatest number of people. (Ashworth, 201079) Therefore to justify punishment we must do so by showing its utility. However Kant thought that punishment was good and there was a duty that the offender got their just deserts through his principle of equality. (Duff and Garland, 1994 141) The reason for punishing must serve as a justification for that punishment.The just dessert model means that you should get the punishment you deserve b y receiving a sentence that it is proportionate to the offence you have commit. (Scott, 2008, 199) Indeterminate sentencing which is associated with utilitarianism is cogitate to the risk society and justice, as because they believe we can measure risk they think we can make predictions for next crimes. However, by punishing someone for a crime they have done this in turn will help reduce crime in the stamp that fear will stop others from committing the same crime. Honderich, 200626-27) However, it is immoral and there is no justice to give someone a harsher sentence and make an example of them in the hope of helping to deter others from the same crime. Hirschs study found that harsher sentences do not deter others and reduce crime rate. (Hirsch, 19993) Indeterminate sentences transgress the reason and justification for punishment, by admitting guilt for the initial offence they assume they are guilty of reoffending therefore are given longer prison sentences for the good of soc iety this cannot be just..A problem for justice when punishing an offender is the need to address justice for whom the offender or victim, what constitutes justice for the victim will not mean justice for the offender there will always be a problem balancing the two. Risk management is tie in to the decision making and minimising harm, it seeks to predict the outcome and the potential for harm. (Denny,119) With this acutalarisms approach to risk assessment disappears and gives rise to false positives.False positives are when an individual is wrongly predicted as being likely to reoffend these people would not have offended if they were free. (Scott, 200824) Since society has become more aware of risks there is more pressure for the iniquitous Justice System and Government to limit these risks. This can be seen in dangerous and Severe Personality Disorder Act. DSPD is a disease that the administration made up to so they could incarcerate people who had this illness as they believ e they pose a risk to society The emergence of psychosocial diagnoses reflected the prevalence of health checkization. by saying its a medical problem they are saying there is something wrong with the individual rather than society. When an individual is diagnosed with DSPD they are not sent to a mental hospital, they are placed in units in high security prisons even if they have not committed an offence. (Corbett and Westwood, 2005122) There is mandatory incarceration, and you are asked to volunteer for cognitive skills programmes to treat the disorder, merely if you dont volunteer then you will not be released although even if you do volunteer you may never be released.However, many another(prenominal) clinicians believe that it cannot be treated and that they are more likely to be a danger to themselves than to others. (Scott, 2008117). DSPD cause a great deal of joust as it has no legal or medical base many say this disorder does not exist and the government have besides p ut it in place as they think these individuals pose a risk to society, this demonises sections of the population. (Hirsch et al, 2009155) DSPD manifests Becks analysis of the risk society and the approaches to understanding the notion of risk.Any person diagnosed with this the risk society may constitute them as unmanageable, such that progressively complex systems of rational control are required to ensure future public safety. (Corbett and Westwood, 2005125) DSPD highlights one of the reasons why justice is not compatible in the risk society, it is not just to incarcerate someone because they have an illness, and it goes against Rawls and Kants principle of justice. As we now live in a risk society it is more difficult have justice for all.There is a belief that we can assess how dangerous a person is, not merely on past events but even if they have a medical illness as society thinks they can measure and predict risk. As society demands more security from risks, the government has had to undermine justice as there is more demand for those who threaten our security to be brought to justice. Hudson states that liberal theories leave unanswered the question how much liberty maybe curtailed to prevent how much harm. (Hudson, 2003205) If society demands more security from risk they would have slight(prenominal) liberty.If society was to use Rawls principle of the veil of ignorance then they would be less likely to ask for more security as they would not now what position they would be in. The demand for justice and security conflicts with each other , the discourse of risk requires indeterminate sentencing and stands in the way of justice and the government need to appear to make the world less dangerous and the fairness and rights of the offender is put aside, as the elimination of risk is deemed to be more important.The equal balance of justice and risk cannot happen as by having justice for one person maybe creating a risk for another and vice versa and in todays society there is more emphasis on control of risk. The risk society is fundamentally taking away the values of liberal society by using people as a means to an end, by the elimination fairness and proportionality. The burst of risk-focused technologies has been a contributing factor to the risk society as we are now more aware of risks and as we have developed them we believe we can measure them and predict them although this not always correct which means that there is no justice for all.Justice is thus a state of relationships which brings about equilibrium in the free exercise of will but this does not happen in a risk society as it threatens the interpretation of justice. To legitimise the state and governments actions they create more risk as a state in fear is an easier one to control. Hudson has highlight that towards the end of the 20th Century they was a move from risk management to risk control and it is now embedded in our society. Hudson,200360) As we can see f rom the issues highlighted it is necessary that Barbara Hudson is correct to say that justice is under threat in the risk society. Bibliography Denney. D (2005) Risk and Society, capital of the United Kingdom, Sage Scott. D (2008) Penology, London, Sage Duff. A, Garland. D (1994) A reader on Punishment, Oxford, Oxford University touch Von Hirsch. A, Ashworth. A, Roberts. J (2009) Principled Sentencing readings on theory and practice, North America, Hart Publishing Kymlicka. W (2002) Contemporary Political Philosophy, Oxford, Oxford University Press ONeill.O (2000) Bounds of Justice, Cambridge, Cambridge University Press Cudworth. E, Hall. T, McGoverm. J (2007) The Modern State, Theories and Ideologies, Edinburgh, Edinburgh University Press Baggini. J (2005) The Pig That Wants to Be Eaten And Ninety-Nine Other Thought Experiments, London, Granta Publications Adam, Beck, Van Loon, (2000) The Risk Society and Beyond, Critical Issues for Social Theo Ashworth, A, (2010) Sentencing and C riminal Justice, Cambridge Cambridge University Pressry, London, Sage Honderich, T (2006) Punishment, London Pluto PressHirsch, V (1999) Criminal deterrence and sentence severity an analysis of recent research, London Sage Hudson, B (2003) Justice in the Risk Society, London, Sage Kant. I (1987) The Metaphysical Elements of Justice, New York, Macmillan Publishing Corbett. K, Westwood. T Dangerous and severe personality disorder A psychiatric manifestation of the risk society, Critical Public Health,15(2) 121133