THE ROLE OF DISTRIBUTIVE JUSTICE AND CHOICE IN INDIVIDUAL SELF-DETERMINATION

Authors

  • Hassan S. Sharif Lecturer, School of Law, University of Gujrat. Pakistan
  • Kaniz Fatima Lecturer, School of Law, University of Gujrat. Pakistan
  • Rasiha Abbas Ph.D Scholar, International relations, School of Integrated Social Sciences, The University of Lahore, Pakistan

DOI:

https://doi.org/10.52567/pjsr.v4i04.896

Abstract

The paper will address the role of choice and positive liberty in light of the utilitarian ideal of 'greatest happiness for the greatest number'. It would also explore how utilitarianism leads towards restriction of choices that leads to paternalism. Sceptics have often criticized egalitarian liberalism as propounded by John Rawls. Rationality demands that person is subjected to the fewer restraints possible and more choice in their decisions, and that institutions be developed that benefit both the individual and the society as a whole. The dilemma of uncontrolled individualism, how a society suffers when one of its members is stripped off the virtue of making choices that concern her, and how to make the person a part of community will be discussed, with special references to American philosopher Martha Nasbaum's 'Capabilities Approach' and choice The significance of each community member to the community's progress and well-being, as well as the community's and institutions' roles in improving the lives of its people. The paper adopts a qualitative approach which focuses on both theoretical and doctrinal methods. The paper seeks a normative approach with the Grundnorm being individual liberty and individual choice in the determination of an individual’s course of life.  

Keywords: Individualism, Utilitarianism, Liberty, Choice, Capabilities Approach.

Additional Files

Published

2022-12-31