JJUSTICEUSTICEJJUSTICEUSTICERachel E. KhanAssociate Professor, Journalism Department, College of Mass CommunicationUniversity of the Philippines, Diliman

“Justice has to do with people’s l ti ith th d i relations with one another and is

often important to the resolution of thi l di t ” L i Dethical disputes.” --Louis Day

“E e citi e ha ce tai d tie of “Every citizen has certain duties of justice. The degree of importance of these duties depend naturall on these duties depend, naturally, on the level of realtions with one another ” Dayanother. – Day

Central to the notion of JUSTICE is FAIRNESS, in which all individuals are ,treated alike in terms of what they deserve..i.e. no double standards

Plato: “to give each one what is duePlato: to give each one what is due

Aristotle: “a habit, whereby man , yrenders to another his due with constant and perpetual will.”

What is due?

RIGHTS.

“If the act of justice is to give each one his due, then the act of justice , jis preceded by the act, whereby something is due.”

—St. Thomas Aquinas

Principle of Justice:

“If one man has a right, then other men have the obligation to uphold that right.”

—St. Thomas Aquinas

“The right to swing my arm ends where your nose The right to swing my arm ends where your nose begins.”

— Voltaire

H d thi b How does a thing become someone’s due?1. Natural law

a) on the basis of human nature (right to life, liberty, reputation..)

b) On the basis of one’s relationship (e.g. honor and respect due to parents)honor and respect due to parents)

2. Positive lawa) on the basis of agreements treaties and a) on the basis of agreements, treaties and

promises b) on the basis of legislated laws (which b) on the basis of legislated laws (which

regulates the relationship of individuals to their community)

Note:If an agreement or contract (positive law) If an agreement or contract (positive law) is contrary to natural law, then it is NOT just; e g the contract of an assassin to just; e.g. the contract of an assassin to murder a journalist is not a validcontract because it is not just contract because it is not just.

A ll l j t?Are all laws just?

J lJust law:1. Must promote the Common Good

• presupposes respect for the person’s fundamental and inalienable rights;

ib h i l ll b i d • contributes to the social well-being and development of the people;• fosters peace and order• fosters peace and order.

A ll l j t?Are all laws just?

2. The burden which the law imposes on society must reflect an “equality of proportion.” (e.g. t b d bilit t )taxes are based on ability to pay)

3 Must not exceed the power of its authors (i e 3. Must not exceed the power of its authors (i.e. legislators cannot legalize something evil or immoral or a violation of human rights)

Are all laws just?w jNo, not all laws are Just (simply because they are laws)laws)

Considerations:• The sphere of the duties of Justice does not always coincide with the sphere of juridical obligations..why? b t thi th t h t d ith j ti because not everything that has to do with justice can be covered by a law;Because some civil laws can be unjustBecause some civil laws can be unjust.

Therefore, 3 forms:• Ethical = Legal• Ethical ≥ Legal

Ethi l ≠ L l• Ethical ≠ Legal

Th ti f J ti f di titiThe practice of Justice for media practitioners:

“Media practitioners may employ the Principle of Media practitioners may employ the Principle of Justice to decide what guidelines should be applied to using deception, establishing and maintaining confidential relationships with their sources and intruding other people’s privacy.– Day

Point of discussion:Justice requires that journalists report the embarrassing behavior of others, both public and

i t b d h t th ll d private persons, based on what they really deserve rather than for the purpose of titillating the morbid curiosity of an audiencecuriosity of an audience.

J i f di i i Justice for media practitioners To whom is Justice owed?

1. Audience/Public2. Sources/Subjects3. Colleagues/Collaborators4. Employer/Producer