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Everyone who thinks about the fairness of the law is obliged to make a moral effort and "stand above himself", looking at the situation not from the point of view of the interests of a doctor or patient, but from the point of view of a person who is not interested in the specific outcome of the conflict.

American philosopher John Rawls introduced the figurative concept of the "veil of ignorance" to characterizeand the impartial position of a person who fairly judges the generally valid norm of distribution of benefits and burdens.

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Requiring equal participation of all stakeholders. The second moral rule approaches the assessment of a generally valid norm of legitimacy from a directly opposite point of view. Given the moral imperfection of people, for whom it is extremely difficult to be impartial, it requires adequate representation of all interested parties in the legislative procedure.
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In other words, an established generally valid norm (for example, a law) is legitimate if all interested parties involved in a particular social conflict took an equal part in its creation and adoption on the basis of a democratic procedure.
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However, laws regulate relations between people in the most general form.

The bulk of real relations are formalized by agreements between the parties, guarantees and promises given to each other. Therefore, the concept of justice includes the loyalty of partners to their obligations. The legitimacy of these obligations is determined by the extent to which the parties accept them voluntarily.

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For example, if a patient signs an agreement to participate in a clinical trial of a new foreign drug only because the treatment in this case will be free (otherwise he will have to buy the drugs himself), then such an agreement is unfair (illegitimate).

Thus, legality, legitimacy and loyalty to the obligations assumed form the formal conditions for assessing a person's actions as fair or unjust. They also help determine the appropriateness and proportionality of the application of often conflicting requirements - equality, consideration of individual needs or individual merit in the distribution of scarce health resources and possible hardships.

The most important aspect of evaluating any act as fair or unjust is related to its compliance with the law, i.e. with its "legality". Make 24 monthly payments of $ 416.46 Pay 0% interest Start using the domain today. See details.

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