Ryan 1 Alex Ryan Period 6-Carr AP English 12 2 December 2013 Impartiality the Prerequisite to Ontological Thought What determines an a person’s right to justice? How do philosophers determine what is a moral right? The answer to these deep metaphysical questions is existent within the idea of people declaring morality in an impartial mindset. Why use an impartial mindset to determine morality? Multiple prestigious philosophers and the criminal justice system itself relies on this principle of impartiality to determine a “just” judgment and to relieve all arbitrary factors. When developing deontology, Immanuel Kant erected several principles of impartiality in order to relieve all arbitrary factors. These principles including the categorical imperative that creates an ultimate statement(Ex: Killing is bad). This principle removes arbitrary measures by creating an ultimate statement of right and wrong. By cementing finality the categorical imperative passes the test and can be considered a legitimate moral theory. The criminal justice system also runs on this principle. The United States criminal justice system seeks principles to limit arbitrary means and ends. For example, when given the choice of using a system to limit recidivism, the courts have a choice between using retributive system or a rehabilitative system. The courts then analyze what parts of each system prove to be the most impartial. It is quite clear after much review that the rehabilitative system inherently favors criminals in arbitrary fashion. Because the courts are seeking to find what is the most just, the courts ultimately decide to use a system of retributive justice, because it is proven that without arbitrary means, there is less bias, and that it is considered morally just. Ryan 2 Looking at these two examples of what we determine to be moral right, readers can observe that using an impartial mindset is the most effective way to prove what is a moral right. By seeking this type of mindset, people will have a clearer vision of what morality is, without the restraints of arbitrary language or thought.