Begin with John Rawls' bedrock theory of justice. Mill thinks all this boils down to the idea that justice is a term “for certain moral requirements, which, regarded collectively, stand higher in the scale of social utility,” being more obligatory “than any others.” But this means that justice, properly understood, is a name for the most important of “social utilities” (ibid., pp. In a letter (# 189) to Boniface, he maintains that godly, righteous people can serve in the military, again citing scripture to support his position. Whereas teleological or consequentialist theories (such as those of Hobbes and Hume) see what is right as a function of and relative to good ends, a deontological theory such as Kant’s sees what is right as independent of what we conceive to be good and, thus, as potentially absolute. With their target market’s traits, companies can build a profile for their customer base. If the first inadequate theory of justice was too simplistic, this second one was downright dangerous. We have neither the time nor the space to consider the complex causal nexus that explains this fact; but, for our purposes, suffice it to say that the Protestant Reformation, the revolution of the new science, and the progressive willingness publicly to challenge authority (both political and religious) converge to generate a strikingly different philosophical mentality in the seventeenth century. If there is any such objective value as natural justice, then it is reasonable for us to attempt a rational understanding of it. From that perspective, the deterrence approach to punishment, including capital punishment, seems appropriate, as do Mill’s call for equal opportunity for women and his measured position on international interventionism. The third level of secondary goods comprises those that are least embedded as conditions of meaningful action but still desirable as luxuries, such as being able to seek pleasant objectives that most of one’s fellow citizens cannot expect to achieve and being able to compete for somewhat more than others in one’s society. 311-313). Citizens could try to collectively agree on basic rules. The main goal here is to reduce justice to social utility, in such a way as to rule out, by definition, any ultimate conflict between the two. 135-138). Obviously, it is the former category, duties we owe all other persons, regardless of circumstances and consequences, that concerns us here, justice being a matter of strict right rather than one of meritorious virtue. But inferiors have a vested interest in thinking that those who are equal in some respect should be equal in all respects, while superiors are biased, in the opposite direction, to imagine that those who are unequal in some way should be unequal in all ways. It would be unjust deliberately to suppress reasonable comprehensive doctrines merely because they are different from our own. Reasonable people often disagree about how to live, but we need to structure society in a way that reasonable members of that society can accept. If our moral intuitions are correct against Aristotle (and some would even call his views here sexist and racist), he may be mistaken about a matter of fact or about a value judgment or both. 109-119, 123-124). In political theory, liberalism includes two traditional elements: liberty and equality. Aristotle is prepared to distinguish between what is naturally just and unjust, on the one hand, such as whom one may legitimately kill, and what is merely conventionally just or unjust, on the other, such as a particular system of taxation for some particular society. In his Politics, Aristotle further considers political justice and its relation to equality. Despite his Christian commitment to love and peace, Augustine is not a pacifist and can support “just wars” as morally permissible and even as morally obligatory. Marx explains the ideal of socio-economic equality he advocates with the famous slogan that all should be required to contribute to society to the extent of their abilities and all should be allowed to receive from society in accordance with their needs. Thus we could satisfactorily specify the requirements of an essentially Kantian conception of justice, as requiring respect for the dignity of all persons as free and equal, rational moral agents. 29, 38, 30-31, 37; see also Lectures, pp. Like Plato, he is arguing for an objective theory of personal and social justice as a preferable alternative to the relativistic one of the Sophists. As justice is both a moral and a political virtue, helping to prescribe both a good character and right conduct, the question of how such obligations arise is crucial. In the state of nature, all moral values are strictly relative to our desires: whatever seems likely to satisfy our desires appears “good” to us, and whatever seems likely to frustrate our desires we regard as “evil.” It’s all relative to what we imaginatively associate with our own appetites and aversions. The Day of Judgment is not in some remote future but here and now, and none can escape it. The movement assumes that members of a society have consented to surrender some of their freedoms and submit to the authority of the ruler in exchange for the maintenance of social rights and the protection of their remaining rights. Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls’s view, much of the extensive literature on his theory … 211, 232, 274, 264-266). In his Metaphysical Elements of Justice, which constitutes the first part of his Metaphysics of Morals, Kant develops his theory of justice. It is only through some combination of these two approaches that anyone is rightly entitled to any holding. Although the influence of great ancient philosophers like Plato and Aristotle and of great medieval thinkers such as Augustine and Aquinas would persist, there was no returning to their bygone perspectives. Hume offers us a unique and fascinating argument to prove his point. Thus, in refuting them, Plato, in effect, is refuting the Sophists. 20, 202). A decent person might selfishly benefit from being a stickler regarding following the law exactly but decide to take less or give more for the sake of the common good. His radical empiricism does not allow him to claim to know anything not grounded in concrete sense experience. All of this scriptural tradition essentially influenced medieval thinkers such as Augustine and Aquinas in a way that distinguishes them from ancient Greek philosophers such as Plato and Aristotle. The theory of communitarianism began in the late 20th century, as an opposition to. If his debate with Thrasymachus accomplished anything at all, it nevertheless did not establish any intrinsic value in justice. Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls’s theory is as powerful today as it was when first published. It is legitimate to kill another in self-defense, though one’s intention should be that of saving oneself, the taking of the other’s life merely being the necessary means to that good end (this, by the way, is the source of what later evolves into the moral principle of “double effect”). Nielsen, as a socialist (against both Rawls and Nozick) considers equality to be a more fundamental ideal than individual liberty; this is more in keeping with Marxism than with the liberal/libertarian tradition that has largely stemmed from Locke. (The reason he is not being considered at length here is that he does not offer a distinctive general theory of justice.) If all values are subjective and/or unknowable, then what counts as just gets reduced to a matter of shifting opinion. Thus political justice must be viewed as a function of the common good of a community. In “An Egalitarian Law of Peoples,” Pogge observes that Rawls means his theory of justice to be relatively “egalitarian.” And, as applied intranationally, so it is. Hume is important here because of a convergence of several factors. The naturalistic worldview of the sixteenth and early seventeenth centuries that eventuated in an empirical and experimental (non-dogmatic) methodology in both natural and political science set an example for philosophers. We should notice how he places a greater emphasis on equality than do most of his European predecessors—perhaps reflecting the conviction of the American Declaration of Independence that “all men are created equal.” (This greater emphasis may reflect the influence of Marx, whom he occasionally mentions.) 60-65, 75, 83, 302-303, 316, 378). Our third issue of application is that of international non-intervention. What is conspicuously missing here is any sense of natural justice or injustice. Principles of equality principles requiring the equal distribution of some kind of benefit are plainly comparative in form, since what is due to each person is simply an equal share of the benefit in question rather than any fixed amount. Like Kant, Rawls is opposed to the teleological or consequentialist gambit of defining the right (including the just) in terms of “maximizing the good”; he rather, like Kant, the deontologist, is committed to a “priority of the right over the good.” Justice is not reducible to utility or pragmatic desirability. While Rawls does believe that well-off societies have a duty to assist burdened societies, he rejects the idea of a global application of his difference principle. 20, 85, 72, 21-25, 28-35; see also Essays, pp. American schoolchildren are made to memorize and recite a Pledge of Allegiance that ends with the words “with liberty and justice for all.” So justice is an abiding American ideal. What Pogge is proposing is a global egalitarian principle of distributive justice. Thrasymachus cannot mean physically stronger, for then inferior humans would be superior to finer folks like them. But the point will be to get a sense of several recent approaches to developing views of justice in the wake of Rawls. The fourth chapter, on “Justice and Personal Desert,” is especially relevant. This is a constructive critique of Rawls’s early work. We are smart enough to realize that this would be a condition in which, as Hobbes famously writes, “the life of man” would inevitably be “solitary, poor, nasty, brutish, and short.” Fortunately, our natural passions of fear, desire, and hope motivate us to use reason to calculate how we might escape this hellish state. People simply cannot be trusted to honor their social commitments without being forced to do so, since “covenants without the sword are but words, and of no strength to secure a man at all.” In other words, we must sacrifice a great deal of our natural liberty to achieve the sort of security without which life is hardly worth living. Like all moral virtues, for Aristotle, justice is a rational mean between bad extremes. What he proposes is “a global resources tax, or GRT.” This means that, although each of the peoples of our planet “owns and fully controls all resources within its national territory,” it will be taxed on all of the resources it extracts. 5-11; 331b-335e). Mill lays out five dimensions of justice as we use the term: (1) respecting others’ “legal rights” is considered just, while violating them is unjust; (2) respecting the “moral right” someone has to something is just, while violating it is unjust; (3) it is considered just to give a person what “he deserves” and unjust to deny it; (4) it is thought unjust to “break faith” with another, while keeping faith with others is just; and (5) in some circumstances, it is deemed unjust “to be partial” in one’s judgments and just to be impartial. Book V of his great Nicomachean Ethics deals in considerable depth with the moral and political virtue of justice. This is an in-depth contemporary exploration of the topic. Rawls starts with the explanation that “justice is the first virtue of social institution”, implying that a decent society is … Adams’ Theory of Justice (or just Theory of Justice, Justice Theory or Equity Theory) is one of the theories focusing on human motivation.Justice Theory was published in 1965 by John Stacey Adams.It is based on the fact that human motivation is influenced (increased) by the feeling of justice in two ways:. The second level of basic goods comprises (less) deeply embedded ones, such as basic knowledge and skills such as are imparted by education, social structures that allow us to trust one another, basic assurance that we will not be exploited, and the protection of basic human rights. Almost as soon as Glaucon finishes, his brother Adeimantus jumps in to add two more points to the case against justice: first, parents instruct their children to behave justly not because it is good in itself but merely because it tends to pay off for them; and, secondly, religious teachings are ineffective in encouraging us to avoid injustice because the gods will punish it and to pursue justice because the gods will reward it, since the gods may not even exist or, if they do, they may well not care about us or, if they are concerned about human behavior, they can be flattered with prayers and bribed with sacrifices to let us get away with wrongdoing (Republic, pp. Aurelius Augustine was born and raised in the Roman province of North Africa; during his life, he experienced the injustices, the corruption, and the erosion of the Roman Empire. It begins vacuously enough with the circular claim that it is the condition that renders us just agents inclined to desire and practice justice. And, again, what is left that is essential is justice, whereby each part of the soul does the work intended by nature, none of them interfering with the functioning of any other parts. Mill thinks that the key to solving this alleged problem is that of conceptual analysis, that if we properly understand what “utility” and “justice” are all about, we shall be able to see that no genuine conflict between them is possible. It is curious that his own theory of “justice as fairness” gets attacked by socialists such as Nielsen (whom we shall consider) for sacrificing equality for the sake of liberty and by libertarians such as Nozick (whom we shall also consider) for giving up too much liberty for the sake of equality. Every war aims at the order of some sort of established peace; while an unjust war aims to establish an unjust peace of domination, a just war aims to establish a “just peace.” He agrees with Cicero that a just war must be defensive rather than aggressive (ibid., pp. Fourth, like Augustine, Aquinas accepts slavery, so long as no Christian is the slave of a non-Christian (ibid., pp. To what extent should liberty be constrained by equality in a just society? The device created a hypothetical situation where members of the population can come to a contractual agreement on the distribution of resources without one party being seen to be more advantaged than the other. Kant distinguishes between natural or private justice, on the one hand, and civil or public justice, on the other. Nevertheless, one cannot help hoping that a more cogent theory might yet be developed. 136-140, and Common, p. 34). 7-11, 23; 1254a-1255a, 1260a). EGALITARIAN THEORIES emphasizes equal access to goods and services. 350-357, 363-367, 372-376, 389-390, 364n). Another great social contract theorist between Hobbes and Hume who is worth mentioning here (again he gives us no distinctive theory of justice) is Jean-Jacques Rousseau. (Interestingly, Mill rejects the idea “of equality” as essential to our understanding of justice, a stand which would be problematic for Marxists.) A third application to consider here is that of war. This application creates a helpful path to a critique of Aristotle’s theory of justice. If that turns out to be a false distinction, then Mill’s theory may collapse. Theories of Justice 8. They will represent six different approaches. The “mean” of justice lies between the vices of getting too much and getting too little, relative to what one deserves, these being two opposite types of injustice, one of “disproportionate excess,” the other of disproportionate “deficiency” (Nicomachean, pp. If a member of a community has been unfairly benefited or burdened with more or less than is deserved in the way of social distributions, then corrective justice can be required, as, for example, by a court of law. ABSTRACT This paper probes theories of justice underpinning the concept of equity to deconstruct the term and ascertain how best to equitably support refugee and asylum-seeking youth in U.S. schools. Aquinas applies this theory of justice to many social problems. Rawls’s second book was Political Liberalism. In order to establish a concept of right that is independent of empirical needs, desires, and interests, Kant argues for a single fundamental principle of all duty, which he calls the “categorical imperative,” because it tells us what, as persons, we ought to do, unconditionally. Any deliberate violation of civil law is a “crime.” Now the social problem to be considered is that of criminal punishment. This is one of the best anthologies of classic texts on this subject. However, all the foundational elements supporting it are quite dubious: the radical empiricism, the materialism, the determinism, the egoism, the moral relativism, and the narrow conception of human reason. Anyone who is inferior intellectually and morally is properly socio-politically inferior in a well-ordered polis. His views on international aid seem so well worked out that, ironically, they call into question part of his general theory of justice itself. If they can properly identify the other three of those four, whatever remains that is essential to a completely good society must be justice. One crucial question remains unanswered: can we show that justice, thus understood, is better than injustice in itself and not merely for its likely consequences? In addition to legal justice, whereby a person is committed to serving the “common good” of the entire community, there is “particular justice,” which requires that we treat individuals in certain ways. The most embedded of these are life enhancing, if not necessary for any meaningful action, such as respect, equal opportunity, and the capacity to form and follow one’s own plan of life and to participate actively and equally in community, characterized by shared values. The issue of what does and does not qualify as just could logically lead to controversy regarding the origin of justice, as well as that concerning its essence. One of the most crucial problems of political philosophy is where to strike the balance between personal liberty and public order; Hobbes is, perhaps, more willing than most of us to give up a great deal of the former in order to secure the latter. Typically the article considers not only their theories of justice but also how philosophers apply their own theories to controversial social issues—for example, to civil disobedience, punishment, equal opportunity for women, slavery, war, property rights, and international relations. It is a powerful tool to regulate macroeconomic variables such as inflation and unemployment.. The lexical priority of this first principle requires that it be categorical in that the only justification for limiting any basic liberties would be to enhance other basic liberties; for example, it might be just to limit free access of the press to a sensational legal proceeding in order to protect the right of the accused to a fair trial. 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