Ethical Decision Making Nowadays, Essay Example

In Taiwan, there is a law stipulating that legally married couples have equal custody of their children. On the other hand, if they are not married or filed for a divorce, the children invariably become under the custody of the mother. However, this law is subject to behavioral, mental, or social problem challenges considerations (International family law, (n.d). In the brief discussion that follows, I want to show why, according to John Rawls perception of social justice, this law is unjust.

Rawls principle of social justice imagines an “original” individual behind the “veil of ignorance” designing a law. This principle acknowledges the fact that it is human personality to be egotistical. However, such a person is bound to make just decisions if he or she remains oblivious of social discriminations, which could be based on race, gender, or place of origin, already established in the society. In other words, Rawls argument of a just law is that it should offer equal advantage to the interested parties. In addition, inequalities existing in the society should be arranged to serve the interests of all parties.

Therefore, basing on Rawls understanding, the law of custody of children for illegal parents in Taiwan is discriminative and hence unjust. This is because the law does not consider the interest of the father of the children in question. In other words, the law was designed to favor women only. An element of fairness to one of the parties has been ignored.

In conclusion, I agree with Rawls position on justice. It is a fact that justice, at all costs, should endeavor to incorporate fairness (Rawls 166). Choosing to bestow the custody of children to the mother in case of illegal parenthood is unfair to the father. Instead, the law should consider both parties to be equal partners and a consensus should be sought in case of a disagreement.

Reference List

International family law, (n. d). Child Cannot Leave Before Custody Case Is Retired, Says Court. Accessed on 28 10 2012 from http://www.international-divorce.com/d-taiwan.htm

Rawls (n.d). Justice and fairness, pp 164-174