Justice: Concepts, Theories, Critiques

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1. Introduction to Justice Definition: Doing what is right and fair; bridge between "is" and "ought." Regulative Idea: Standard for laws, institutions, social interactions. Involves restoring order and harmonizing conflicting interests. Interconnected with liberty and equality. Modern scope includes caste, gender, minority rights. 2. Distributive Justice Concern: How "goods" (wealth, education, healthcare) and "bads" (taxes, military service) are shared. Core Question: Who gets what, and why? Criteria for Distribution: Need: To the most vulnerable. Merit: To the most talented. Effort: To those who work hardest. Equality: Everyone gets the same share. Requires a system of rules accepted as fair by autonomous citizens. 3. Procedural Justice Concern: Fairness of the process, regardless of outcome. Core Idea: Fair process $\implies$ legitimate outcome. Key Elements: Impartial Application: Rules apply equally to all. Rule of Law: Decisions based on known, public rules. Due Process: Right to fair hearing, defense, proper evidence presentation. Distinction from Distributive Justice: Distributive: "Is the final slice of cake fair?" Procedural: "Was the way we cut the cake fair?" Warning: Fair procedure with unjust laws leads to unjust results. Both are needed. 4. John Rawls’ Theory: "Justice as Fairness" Challenge to Utilitarianism: Rejects sacrificing individual rights for majority happiness. Goal: System where individual rights are supreme. Thought Experiment: Original Position: Hypothetical state where people choose societal laws. Veil of Ignorance: Ignorance of one's own characteristics (rich/poor, gender, religion, talents). Forces choice of rules fair to everyone, protecting against worst-case scenarios. Assumes rational, self-interested individuals. Two Principles of Justice (Lexical Order): Equal Liberty Principle: Every person has the most extensive set of basic liberties compatible with similar liberties for all. Includes voting, speech, assembly, thought. Cannot trade liberty for prosperity. Difference Principle: Social and economic inequalities are allowed only if: They are attached to offices/positions open to all under fair equality of opportunity . They are to the greatest benefit of the least advantaged members of society. Ex: Doctor earning more is justified if it improves healthcare for the janitor. Vision: Moral foundation for democratic societies, regulating the "basic structure" (constitution, economy, legal system). 5. Critiques of Rawls’ Theory Feminist Critique: Ignores the "private sphere" of the family, where inequality often begins. Family as the first school of justice; if unjust, society cannot be. Problem of Distributive Equity: Too focused on material goods (wealth/income). Inequality is also about power, status, discrimination, not just money. Ideal Theory vs. Reality: Describes a perfectly just society; too abstract for real-world historical injustices. "Rational" requirements may not reflect real human behavior. 6. Communitarian Critique Focus: Community over individual (vs. Rawls' liberal focus). "Unencumbered Self": Rawls' idea of individuals behind the Veil of Ignorance is flawed. We are born into communities, cultures; values come from community. Cannot separate "self" from social web. Emphasis: More on "common good" than individual rights. Justice should be understood within specific cultural values. 7. Robert Nozick’s Entitlement Theory Rejection: "End-State" theories of justice (judging by current distribution). Argument: Justice is historical; if wealth acquired fairly, entitled to keep it. Three Principles: Principle of Acquisition: Just acquisition of unowned things. Principle of Transfer: Just transfer of holdings (voluntary trade, gift). Principle of Rectification: Intervention only for past injustices (theft, fraud). View on Taxation: To help the poor is theft/forced labor, as it interferes with liberty. Core Value: Liberty is paramount; forced equality destroys liberty. 8. Feminist Accounts of Justice Critique: Traditional philosophy is "male-centric." Public/Private Divide: Justice traditionally applied only to public (politics, business). Private (home) considered "natural," outside law, hiding women's oppression. Justice must enter all spheres, including family. Ethics of Care (Gilligan, Nussbaum): Traditional justice: rules, rights, contracts (impersonal). Care ethics: recognizes human vulnerability, need for care. A just society values caregiving work and supports caregivers. 9. Amartya Sen’s Theory: Justice as Capabilities Alternative to Rawls: Disagrees on how to measure justice. Critique of Primary Goods: Resources (money, rights) are insufficient. Different people need different resources to achieve the same functionings. Ex: Disabled person needs more resources for same mobility as able-bodied. Capability Approach: Focus on what people are actually able to do and be (their "functionings"). Aim to equalize "capabilities" (real freedoms to achieve valuable goals). Ex: Being healthy, educated, participating in community. More sensitive to human diversity than Rawls' theory. 10. Conclusion Justice is complex, evolving, and multifaceted. Encompasses procedural and distributive fairness. Balances individual rights (Rawls/Nozick) with community needs (Communitarians) and human vulnerability (Feminists/Sen). Each theory contributes to the understanding. Ultimately a political concept, defined and adapted by society through democratic debate.