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Theories of Justice [AT-A-GLANCE]
Justice = Contextual
Pluralism
There is NO ONE proper way to distribute benefits and burdens
Principles of Justice:
(i) We should apply whatever basic principle of distribution fits the situation, or can be justified on independent grounds
(ii) Distribute according to need
(iii) Only on grounds of merit, or social utility
(iv) Redistribute according to ability to contribute
(v) Or weigh one against another, perhaps reaching some kind of compromise situation
Economics: Distributive Justice
Role of Rights / Justified Institutions: NO SINGLE VIEW
Problems:
-If there is no one way of distributing benefits and burdens, how do we decide which one to use?
-If a particular theory can be justified on independent grounds, then why be pluralist at all? Why not just adopt that theory of justice?
Justice = Maximized Happiness
Utilitarianism
Adherents: John Stuart Mill
Principles of Justice:
(i) Happiness = flourishing, human good, basic needs [mental/physical well-being]
(ii) Needed for happiness =
-Political/ economic freedom
-Economic prosperity
Economics: Distributive Justice
Role of Rights: Bill of Rights
Rights can be violated only if benefits for the many outweigh the costs to the few
Justified Institutions:
-Democracy
-Free-market Capitalism [unregulated]
Problems: Unregulated politics and economics typically maximize happiness only for a few over the many
Justice = Fairness
Rawlsianism
Adherents: John Rawls
Principles of Justice:
(i) Fairness =
-Original Position [OP]
-Veil of Ignorance [VOI]
(i) Deontology =
-Equal Liberty - that each member of the society should have as much liberty as possible without infringing on the liberty of others
-Difference & Reciprocity – rules that would make a society in which the least well off are in the best possible position. Deviations from equality of distribution of benefits and burdens are justified ONLY if it advantages the least well off
(iii) Balanced with Reflective Equilibrium
Economics: Distributive Justice
Role of Rights: Utilizes social contract theory – some rights exchanged for fairness [Hobbes, Locke]
Justified Institutions:
-Socialism and Welfare - egalitarian redistribution of wealth to rectify inequalities
Problems:
-Such drastic distribution violates people’s rights to their entitlements [property]
-Also assumes people are rational and reasonable in making decisions about fairness; is the OP or VOI even possible?
Justice = Liberty + Entitlement
Libertarianism
Adherents: Robert Nozick & John Locke
Principles of Justice:
(i) Entitlement =
-Just Acquisition
-Just Transfer
-Rectifying Injustice
(ii) Rejected Rawls’ Second Principle of Difference and Reciprocity [Kant – treat people as ends not means]
(iii) Self-ownership
Economics: Entitlement Justice
Role of Rights: Utilizes social contract theory – few rights consensually exchanged for protection of negative rights; Distributive Justice violates positive rights
Justified Institutions:
Nozick: Anarchy and Small Business
Locke: Democracy and Free-market Capitalism
Problems:
Criticisms of Distribution [Wilt Chamberlain ex.]
-Fairness costs freedom
-Distribution assumes that things come into the world without being attached to those who brought them – false
Criticisms of Entitlement
-Assumes all positive rights worth protecting and all negative rights worth sacrificing
Other Theories of Economic Justice
-Marxism: From each according to the ability, to each according to their need
-Welfarism: In varying degrees, significant redistribution of goods and services funded by high levels of taxation
-Slave Societies and Serfdom: Where a significant proportion of the population is unfree in the sense that someone else either owns them, or owns the products of their labor
-Militarism: Military goals are held to be primary; benefits and burdens are distributed so as to bring about the military goals
FREE [Open Access] Resources
Reparative Justice
Restorative Justice Approaches
The Process of Restorative Justice
"Reparative justice, historical injustice, & the nonidentity problem"
Making Reparations Possible: Theorizing Reparative Justice
Reparative Justice for Climate Refugees
The Constructive View of Reparations and Philosophical Frameworks of Global Justice
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