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    Whether or Not It Is Just That The People and The Environment Suffer For The Sake of The Millions in Manila

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    mishiru
    The document discusses several perspectives on justice, including John Rawls' original position and Amartya Sen's comparative approach. It argues that evaluating the justice of the Kaliwa Dam project requires considering the perspectives of those affected by both its construction and operation. A rigid legal interpretation is insufficient for achieving justice; exceptions may be needed to protect those not initially protected by the law, like in precedents involving environmental protection. The document requests that a writ be issued against the dam project for the sake of the environment and living things threatened by its adverse impacts.

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    Whether or Not It Is Just That The People and The Environment Suffer For The Sake of The Millions in Manila

    Uploaded by

    mishiru
    25 views2 pages
    The document discusses several perspectives on justice, including John Rawls' original position and Amartya Sen's comparative approach. It argues that evaluating the justice of the Kaliwa Dam project requires considering the perspectives of those affected by both its construction and operation. A rigid legal interpretation is insufficient for achieving justice; exceptions may be needed to protect those not initially protected by the law, like in precedents involving environmental protection. The document requests that a writ be issued against the dam project for the sake of the environment and living things threatened by its adverse impacts.

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    theory phillaw

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    The document discusses several perspectives on justice, including John Rawls' original position and Amartya Sen's comparative approach. It argues that evaluating the justice of the Kaliwa Dam project requires considering the perspectives of those affected by both its construction and operation. A rigid legal interpretation is insufficient for achieving justice; exceptions may be needed to protect those not initially protected by the law, like in precedents involving environmental protection. The document requests that a writ be issued against the dam project for the sake of the environment and living things threatened by its adverse impacts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    Whether or Not It Is Just That The People and The Environment Suffer For The Sake of The Millions in Manila

    Uploaded by

    mishiru
    The document discusses several perspectives on justice, including John Rawls' original position and Amartya Sen's comparative approach. It argues that evaluating the justice of the Kaliwa Dam project requires considering the perspectives of those affected by both its construction and operation. A rigid legal interpretation is insufficient for achieving justice; exceptions may be needed to protect those not initially protected by the law, like in precedents involving environmental protection. The document requests that a writ be issued against the dam project for the sake of the environment and living things threatened by its adverse impacts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Theories

    Thus, the issue is

    whether or not it is just that the people and the environment suffer for the sake of the millions in

    Manila.

    While Rawls offer to return to the Original Position as it is a device used to reach equilibrium, however
    we are of the view that justice requires more than an objectivity. Sen contemplates of an approach that
    evaluates existing advantages in comparison to others.

    Using a comparative approach reveals certain unjust practices towards others which may have been

    previously hidden and eventually leads to a better understanding of justice.

    Thus, in evaluating the overall justness of the Kaliwa Dam project requires not only the
    perspective of the affected people in the Metro Manila but also of those directly affected by the
    construction of the dam.

    To be able to truly fulfill the demands of justice requires to seek beyond the immediate self and
    to look outwards. The above discussion shows that the dam does not offer a solid solution in water
    shortage in Metro Manila. In view of the many grave and adverse effects, Kaliwa Dam must not

    prosper.

    Furthermore, using the Policy Science perspective, the law must not be rigid but operational
    because according to Michael Reisman, “the picture produced by control institutions does not
    correspond, point for point, with the actual flow of behavior of those institutions in the performance of
    their public function.” The law must be interpreted in such a way that affords justice to those not
    initially included in “the picture” by way of exceptions which jurisprudence is replete of. This is clear in
    the cases of Resident Marine Mammals and Paje where the Courts upheld justice by liberalizing the law
    for the sake of the environment. Thus, the Kaliwa River Coalition prays that justice also be achieved for
    the rivers, plants, animals, and people set to be adversely affected by the project.

    In reiteration, the Kaliwa River Coalition prays that the Writ of Kalikasan be issued against
    government for the Kalwa River Dam Project for the sake of the environment and all living things that is
    threatened to be injured by the project.
    Amartya Sen. A theory of Justice. “enhancing justice and removing injustice”
    Social justice through comparative approach
    - Actual behavior of people rather than presuming compliance by all with
    ideal behavior
    the dominant approach, which he refers to as ‘transcendental
    institutionalism’, is beleaguered by two central problems:
    1. the problem of feasibility and the
    2. problem of redundancy
    many principles that can pass the test of impartiality
    example: One child argues that they should receive the flute because they are
    the best flautist; principles of utility
    the second, because they are the poorest of the lot; , economic equity,
    and the third, because they crafted the flute without help from the others. entitlement
    to the fruits of one’s unaided efforts

    rationality of choice is primarily a matter “of basing our choices—explicitly or by implication—on


    reasoning that we can reflectively sustain if we subject them to critical scrutiny”

    equal liberty for all, fair equality of 
    opportunity, and material differences to be justified only on the basis that they 
    benefit the least advantaged.  

     Niti refers to correct procedures,  formal rules, and institutions; nyaya
    is a broader, more inclusive concept that 
    looks to the world that emerges from the institutions we create, rather than 
    focusing directly on the institutions themselves. 

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