Rights, democracy and the individual
Being fair to the community is more important than being just to the individual
LNAT Section B · Founder's essay plan
The essay question
"Being fair to the community is more important than being just to the individual." Discuss.
The plan
Stance
AGAINST — justice to the individual must be prioritised because without it, fairness to the community collapses into tyranny of the majority. But we will acknowledge the community dimension as a counterweight.
Core thesis in Aryan's words:
- Being just to the individual is actually a pre-requisite to being fair to the community. Without being fair to the individual you cannot be fair to the community.
- The entire basis of democracy is that it is counter-majoritarian, so we need to protect the rights of the minority to prevent the tyranny of the majority. The rule of law and consistency means it is legally more important to uphold individuals' rights, otherwise constitutional legitimacy and the social construct disintegrate.
- In the name of human flourishing and societal progress, we need to protect the rights of individuals because that leads to the marketplace of ideas and debate within the Habermasian spheres of influence.
Definitions
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