The American Civil Liberties Union.edited
docx
keyboard_arrow_up
School
Nairobi Institute of Technology - Westlands *
*We aren’t endorsed by this school
Course
DEVELOPMEN
Subject
Philosophy
Date
Nov 24, 2024
Type
docx
Pages
8
Uploaded by dannetke
1
The American Civil Liberties Union (ACLU): Justice and Social Contract Theories Analysis
Student Full Name
Institutional Affiliation
Course Full Title
Instructor Full Name
Due date
2
Justice and Social Contract Theories
Theories provide important lenses through which various societal issues can be evaluated
and understood. The justice and social contract theories are important as they reflect on what an
ideal society should look like by focusing on relationships and other important factors that lead to a
united and harmonious society. John Rawls, an American moral and political philosopher, founded
the theory of justice to resolve the challenge of distributive justice in society (Rawls, 2020). The
theory was borne from the proponent’s opposition to the traditional philosophical arguments on
what constituted a just institution and the justification for policies and social actions. The theory is
oriented towards liberalism and has been underscored as the basis for what the criminal justice and
justice system should strive to achieve in a culturally diverse and liberal society (McCartney &
Parent, 2015b). The theory is anchored on the concepts of social contract theory.
Based on the concept of social contract theory, the philosopher envisions a society where
the principles of justice are premised on a social contract. Nonetheless, it points to the problems
with the social contract that do not allow fairness and equality among members of society, thus
proposing a social contract negotiated behind the "veil of ignorance." In the negotiations, parties are
oblivious to their race, gender, sexuality, and other diverse characteristics to ensure a fair social
contract. Rawls (2006) posits that the main concern of justice is fairness, and it is within this school
of thought that he identifies two principles. First, he argues that all individuals have an equal right to
the most extensive basic liberty compatible with a similar liberty for others. He adds that social and
economic inequalities must be arranged so that they are both reasonably expected to be to
everyone's advantage (b) attached to position and office open to all. The philosopher adds that
everyone needs to benefit from the distribution of wealth.
3
The social contract theory has existed since immemorial (Arshadnejad, 2018). The theory
describes society, the relationship between rules and laws, and why they are important (McCartney
& Parent, 2015a). The theory was advanced by Thomas Hobbes (1588-1689), arguing that a society
without rules and laws to govern the people's actions would be inhospitable. The theorist equated a
society without rules to the "state of nature" in which individuals act independently without any
responsibility to the society or community. The state of nature is equivalent to the Darwinian
concept of "survival of the fittest."
The theory is founded on the notion that a person's moral and/or political obligations depend upon a
covenant among individuals who form their society (Loewe et al., 2021). The theory dates to the
time of Socrates and Plato, where the theory was used to explain to Crito why he must remain in
prison and accept the death penalty. The theory posits that there is an unspoken agreement between
the person and the country. In the agreement, the state will offer the protections and benefits of
society.
Nonetheless, the theory has been criticized for various reasons. According to McCartney &
Parent (2015a), social contracts give the government authority to make laws under the guise of
protecting the public. In the wake of Snowden's revelation, the PATRIOT Act was passed to protect
Americans from acts of terrorism, it also made the citizens vulnerable to mass surveillance and
violation of their right to privacy (Kauffman, 2013). Besides, such contracts need more equity,
whereas low-income people enjoy different benefits. Further, borrowing from the view of Jean-
Jacques Rousseau: "People are born free, and everywhere they are in chains," the argument
confirms that while individuals are born free, they do not get to choose to agree to the social
contract; however, it, is forced on them by the government, and those who do not conform are
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
4
considered dissidents (Ypi, 2020). Such has resulted in movements such as “Sovereign Citizens” or
“Freemen of the Land.”
To be considered terrorist organizations by the Federal Bureau of
Investigation (FBI).
Studies report that the justice theory ensures that individuals are treated equally and are
not discriminated against or abused based on their demographic characteristics. The theory promotes
cooperation, fairness, and leadership in organizations and communities. Nonetheless, it should be
noted that the differentiation of an individual's power often violates the fairness system. Baird
(2021) reports that social contract theory offers a sense of civic duty between individuals and their
communities while also outlining the roles and responsibilities of individuals and the government in
creating a peaceful society. One shortcoming of the theory is that it might constrain individuals’
rights to creativity and freedom of expression, especially unpopular opinions.
The second pillar of GVV focuses on choice, while pillar three addresses normalization. I
agree with justice and social contract theories and am confident that we have the choice when
evaluating and assessing the situations and potential consequences before any major decisions. I
have spent most of my life in the United States. The social contract has been important in fostering
peaceful co-existence within a community. Hence, I sometimes strive to play by the rules and
adhere to the governing principles in the community. My adherence to these rules helps achieve my
peace and the collective peace of the community and people around me.
Section Two
Introduction
5
The relationship between organizations and the people they serve has been underscored as a
critical ingredient to the long-term success of any organization. By nurturing good client
relationships, businesses can create loyalty and trust, leading to greater community and client
engagement. From a vendor/customer relationship perspective, vendor relationship plays an
important role in the success of any organization.
Selection of organization
The American Civil Liberties Union (ACLU) remains one of the most social organizations in
the united states, committed to advancing all Americans' civil rights and liberties (Pierceson, 2019).
The organization dates back to December 1919 and January 1920 and was borne following the
famous "Palmer Raids," where attorney general Mitchell Palmer rounded up and depleted those
deemed to be radicals. During the rain, thousands were arrested without warrants and regard to
constitutional protection against unlawful search and seizures; in the face of abuse and violation of
human rights and civil liberties, a small group of individuals stood up and decided to make a stand
resulting in the birth of the American Civil Liberties Union (ACLU). Since then, the organization
has evolved from a small group of idealists into the country's premier defender of rights enshrined
in the United States Constitution. The organization is estimated to have over 1.7 million members,
500 staff attorneys, thousands of volunteer attorneys, and offices nationwide.
The ACLU continues to stand up against the atrocities and abuses by the government while
promoting individuals' rights and freedoms, including speech, religion, and women's rights, as well
as the citizens' privacy. The group has been critical in the quest against racial discrimination and has
been pushing for change since the murder of George Floyd (Beckett & Hankins, 2021). The
organization is considered the voice of the voiceless as they fight and defend the rights of those
minorities whose voices are hardly heard. The organization's vision is to create a perfect union
6
beyond one person, party, or side. The organization's mission is to realize the promise of the United
States Constitution for all and expand the reach of its guarantees. The organization's choice was
informed by its commitment to promoting justice in society and also faced serious backlash and
conflicts within its ranks on the representation of certain outlaw groups.
Personal View of Inappropriate Vendor/Customer Relationships
As a civil rights organization, society has burdened UCLA with protecting and advocating
for individuals' rights. While this is a serious responsibility, the organization must remain committed
to some fundamental rights, such as freedom of speech. Following the wave of radicalization
increase in many radical groups, the organization faces conflict, especially with its values,
particularly with regard to the selection of which groups to represent. While all individuals have a
right to representation, organizations and communities have unwritten rules that can govern the
choice of clients to represent in the court. Recently, many radical groups, including white
supremacist groups, have been pushing for their rights and freedom of speech. The organization's
history confirms that in 1978 the organization took a controversial stance by defending a neo-Nazi
group that wanted to march through the Chicago suburb of Skokie. According to Strum (1999), The
notoriety of the case resulted in many organization members resigning.
In recent years, the organizations paid serious reputational costs when it emerged that the
organization represented the "Unite the Right" lawsuit case against the city of Charlottesville
(Goldstein, 2017; LaVito, 2017). The move by the organization adversely hurt the image and
reputation as a beacon of hope and democracy, painting the organization as a supporter of hate
crimes that are being advanced by the different radical groups that have recently emerged. The
group's move to represent the far-right group violated the social contract it had with the community
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
7
that believed and was committed to promoting and advancing civil liberties and rights and
protecting the people against atrocities from the government and parties that have the potential to
cause harm or frustrate individuals' efforts in living peacefully in the society.
While the violation occurred a while ago, its impact on the reputation and image of the
organization is still being felt and has had a devastating impact on the organization resulting in the
organization reevaluating its mandate in promoting civil rights and liberties in the United States.
The move to represent the organization has had a more devasting impact on the reputation and
values of protecting vulnerable communities against hate crimes and other atrocities that could
damage the values the organization has been protecting for over 100 years.
Personal Application
Justice and social contract theories are important both in society and business. Our
communities are the biggest benefactors of social organizations, particularly those that advance the
civil rights and liberties of people and communities. There is a voluntary mutual agreement between
organizations and communities. In this manner, social contract theory is important in decision-
making to improve the organization's and the community's relationship.
8
On personal values and integration, one of my primary values is sustainability. With a good
relationship with the community and citizens in general, the ACLU's public trust and image will be
maintained. To ensure the relationship between ACLU and the community, the organization must
vet the cases they take and attempt to avoid cases that might not sit well with the community while
ensuring that citizens' rights and civil liberties are protected.
.