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Hume's Theory of Justice*
RMM Vol. 5, 2014, 47–63 Special Topic: Can the Social Contract Be Signed by an Invisible Hand? http://www.rmm-journal.de/ Horacio Spector Hume’s Theory of Justice* Abstract: Hume developed an original and revolutionary theoretical paradigm for explaining the spontaneous emergence of the classic conventions of justice—stable possession, trans- ference of property by consent, and the obligation to fulfill promises. In a scenario of scarce external resources, Hume’s central idea is that the development of the rules of jus- tice responds to a sense of common interest that progressively tames the destructiveness of natural self-love and expands the action of natural moral sentiments. By handling conceptual tools that anticipated game theory for centuries, Hume was able to break with rationalism, the natural law school, and Hobbes’s contractarianism. Unlike natu- ral moral sentiments, the sense of justice is valuable and reaches full strength within a general plan or system of actions. However, unlike game theory, Hume does not assume that people have transparent access to the their own motivations and the inner structure of the social world. In contrast, he blends ideas such as cognitive delusion, learning by experience and coordination to construct a theory that still deserves careful discussion, even though it resists classification under contemporary headings. Keywords: Hume, justice, property, fictionalism, convention, contractarianism. 1. Introduction In the Treatise (Hume 1978; in the following cited as T followed by page num- bers) and the Enquiry concerning the Principles of Morals (Hume 1983; cited as E followed by page numbers)1 Hume discusses the morality of justice by using a revolutionary method that displays the foundation of justice in social utility and the progression of mankind. -
John Rawls' Theory of Justice As Fairness
ANDREAS FOLLESDAL 20121025 John Rawls' Theory of Justice as Fairness Approximately as appears in Guttorm Floistad, ed. Philosophy of Justice, Contemporary Philosophy, Springer 2014, 311-328 When do citizens have a moral duty to obey the government and support the institutions of society?1 This question is central to political philosophy. One of the 20 century's main response was John Rawls' theory of justice, "Justice as fairness", in the book A Theory of Justice, published 1971. The book Justice as Fairness was an improved and shorter presentation of Rawls' theory, published 2001 with editorial support by Erin Kelly, one of his former students. When asked how rights, duties, benefits and burdens should be distributed, the ideals of freedom and equality often conflict with each other. In domestic politics we often see such conflicts between calls for more individual freedoms and schemes for universal, egalitarian welfare arrangements. It is such conflict between liberty and equality that Rawls attempts to reconcile with his theory of justice. There are three main steps in Rawls' theory of justice. He assumes certain features characteristic of free societies, as well as some specific ideas about how society and people should be understood. Rawls believes that even people with different beliefs can agree with some principles to resolve basic conflicts over the distributional effects of social institutions. Secondly, he draws on the contract theory tradition in political philosophy, arguing that consent in some sense is necessary for the legitimate exercise of state power. Based on the requirement of consent, in a third step Rawls presents certain principles for a just society that citizens should be expected to support. -
The Principle of Solidarity : a Restatement of John Rawls' Law Of
DISSERTATION: THE PRINCIPLE OF SOLIDARITY: A RESTATEMENT OF JOHN RAWLS´ LAW OF PEOPLES ZUR ERLANGUNG DES AKADEMISCHEN GRADES DOCTOR PHILOSOPHIAE (DR. PHIL) VON MILICA TRIFUNOVIĆ EINGEREICHT IM DEZEMBER 2011. AN DER PHILOSOPHISCHEN FAKULTÄT I DER HUMBOLDT-UNIVERSITÄT ZU BERLIN PRÄSIDENT DER HUMBOLDT-UNIVERSITÄT ZU BERLIN: PROF. DR. JAN-HENDRIK OLBERTZ DEKAN: PROF. MICHAEL SEADLE GUTACHTER: 1. PROF. DR. VOLKER GERHARDT 2. PROF. DR. WULF KELLERWESSEL TAG DER MÜNDLICHEN PRÜFUNG: 20. JUNI 2012. 1 CONTENT CHAPTER ONE.............................................................................................................................................5 Instead of Introduction: Global Justice Debate- Conceptions and Misconceptions........................................5 1. Global Justice Debate – Conceptions and Misconceptions............................................................5 1.1. CONCEPTUAL ANALYSES....................................................................................................6 1.1.1. Aristotelian Paradigm................................................................................................7 1.1.2. Rawlsian Paradigm ...................................................................................................9 1.1.3. Aristotelian and Rawlsian Paradigm in A Global Context .......................................13 1.2. METHODOLOGICAL ANALYSIS ...........................................................................................21 1.2.1. Political Constructivism in a Global Context............................................................22 -
Aristotle, Kant, JS Mill and Rawls Raphael Cohen-Almagor
1 On the Philosophical Foundations of Medical Ethics: Aristotle, Kant, JS Mill and Rawls Raphael Cohen-Almagor Ethics, Medicine and Public Health (Available online 22 November 2017). Abstract This article aims to trace back some of the theoretical foundations of medical ethics that stem from the philosophies of Aristotle, Immanuel Kant, John Stuart Mill and John Rawls. The four philosophers had in mind rational and autonomous human beings who are able to decide their destiny, who pave for themselves the path for their own happiness. It is argued that their philosophies have influenced the field of medical ethics as they crafted some very important principles of the field. I discuss the concept of autonomy according to Kant and JS Mill, Kant’s concepts of dignity, benevolence and beneficence, Mill’s Harm Principle (nonmaleficence), the concept of justice according to Aristotle, Mill and Rawls, and Aristotle’s concept of responsibility. Key words: Aristotle, Immanuel Kant, John Stuart Mill, autonomy, beneficence, benevolence, dignity, justice, nonmaleficence, responsibility, John Rawls Introduction What are the philosophical foundations of medical ethics? The term ethics is derived from Greek. ἦθος: Noun meaning 'character' or 'disposition'. It is used in Aristotle to denote those aspects of one's character that, through appropriate moral training, develop into virtues. ἦθος is related to the adjective ἠθικός denoting someone or something that relates to disposition, e.g., a philosophical study on character.[1] 2 Ethics is concerned with what is good for individuals and society. It involves developing, systematizing, defending, and recommending concepts of right and wrong behaviour. The Hippocratic Oath (c. -
Korsgaard.John Rawls's Theory of the Good
John Rawls’s Theory of the Good Christine M. Korsgaard I. Introduction In A Theory of Justice, John Rawls works out a theory of the good, with a view to establishing three conclusions important to his theory of justice. The first is that his chosen unit of distribution, primary goods, are indeed good, and good in the way he defines them to be— they are things that citizens have reason to want no matter what else they want. The second is that it is good-for a person to be a just person, at least if the person lives in a well-ordered society, one that is effectively regulated by a publicly accepted conception of justice.1 Importantly, Rawls, like Plato before him, aims to show, not that being a just person promotes our interests independently defined, but that being a just person is good as an end, a good thing to be for its own sake. And the third is that a just society in Rawls’s sense is also a good society for its citizens to live in—again, not because it promotes our given aims, but for its own sake. Those last two claims—that a just society is good-for its citizens and that it is good to be a just person if you live in one, are needed in order to establish what Rawls call “congruence,” the harmony of the right and the good.2 That in turn is necessary to show that a society under Rawls’s conception of justice would be, as he calls it “stable”: that is, it would generate its own support, in the sense that those who lived under the Rawlsian system of justice would find reason 1 I have hyphenated good-for (and bad-for) since one of the issues treated in this essay will be the distinctness of, the relations between, the idea of “good” and the idea of “good-for.” 2 Rawls, A Theory of Justice. -
Moral Theories Course Leader
PHIL 101: Conceptual Foundations of Bioethics: Moral Theories Course Leader: Stavroula Tsinorema Semester: 1st (7 ECTS) Course Type: Required Objectives: The aims of this course unit are (a) to bring students in contact with the theoretical basis of Bioethics, through training in the methodologies and analytical tools of moral reasoning, (b) to provide them with the basic categories which show the conceptual links between the frameworks of moral philosophy and normative bioethical reasoning, (c) to equip them with the appropriate theoretical frameworks in order to be able to investigate critically and, where possible, to resolve specific moral problems deriving in biomedical research, its application in clinical contexts, health care and environmental policy. The overall aim is to enable students to develop core skills for the conduct of normative analysis and reasoning in Bioethics. Content: The normative resources for moral argument and justification in Bioethics are found in moral philosophy and philosophical theories of ethics. This course unit will survey some of the principle philosophical approaches in addressing a number of bioethical controversies and bring appropriate perspectives from ethical theories to bear on case studies in Bioethics. Topics include: 1) Philosophical ethics and its relation to Bioethics. 2) Classical approaches. Ethics and metaphysics. Ontological approaches to ethics. 3) Modern classical approaches to ethics. Theories of Scottish Enlightenment. Moral sentiments and the ethics of work: David Hume and Adam Smith. 4) Immanuel Kant: The ethics of form. 5) Jeremy Bentham and John Stuart Mill. Utilitarianism. 6) Contemporary moral theories: - Contractarian and constructivist theories. John Rawls, Jurgen Habermas, Onora O’ Neill Postgraduate Prospectus 17 - Virtue ethics, ethics of care, feminism, communitarianism 7) Theories of a deflatory kind and moral scepticism. -
Quong-Left-Libertarianism.Pdf
The Journal of Political Philosophy: Volume 19, Number 1, 2011, pp. 64–89 Symposium: Ownership and Self-ownership Left-Libertarianism: Rawlsian Not Luck Egalitarian Jonathan Quong Politics, University of Manchester HAT should a theory of justice look like? Any successful answer to this Wquestion must find a way of incorporating and reconciling two moral ideas. The first is a particular conception of individual freedom: because we are agents with plans and projects, we should be accorded a sphere of liberty to protect us from being used as mere means for others’ ends. The second moral idea is that of equality: we are moral equals and as such justice requires either that we receive equal shares of something—of whatever it is that should be used as the metric of distributive justice—or else requires that unequal distributions can be justified in a manner that is consistent with the moral equality of persons. These twin ideas—liberty and equality—are things which no sound conception of justice can properly ignore. Thus, like most political philosophers, I take it as given that the correct conception of justice will be some form of liberal egalitarianism. A deep and difficult challenge for all liberal egalitarians is to determine how the twin values of freedom and equality can be reconciled within a single theory of distributive justice. Of the many attempts to achieve this reconciliation, left-libertarianism is one of the most attractive and compelling. By combining the libertarian commitment to full (or nearly full) self-ownership with an egalitarian principle for the ownership of natural resources, left- libertarians offer an account of justice that appears firmly committed both to individual liberty, and to an egalitarian view of how opportunities or advantages must be distributed. -
Theories of Justice
Fall 2016 Theories of Justice Professor Pevnick ([email protected]) Office: 19 West 4th St., #326 Office Hours: Tuesday 9:30-11:30am or by appointment Course Description Political life is rife with conflict regarding issues of justice. This includes disputes regarding the legitimate role of government and the appropriate distribution of resources. Consider the following questions: • Is economic inequality unjust? Ever? Always? Why? • Is government justified in restricting your freedom if it does so in order to improve your life (by, say, banning large sodas, forcing you to wear a seatbelt, or making heroin illegal)? • Is it justifiable for the state to take the resources of wealthy citizens in order to benefit their poorer compatriots? Must the state do so in order to be legitimate? • How should a commitment to political equality guide attempts at campaign finance reform? • What are human rights? Where do they come from? Are they a culturally insensitive Western project? Since most of us hold views about the appropriate answers to such questions and believe that we can defend these views by providing reasons on their behalf, argument about questions of justice is an ordinary feature of political life. Political theory is, in two ways, the natural extension of such argument. First, by working such arguments out in more careful detail, political theorists hope to present stronger and more defensible versions of them—ones that can avoid the objections and errors to which our first inclinations may be vulnerable. Second, in answering such questions, we often rely on concepts – such as justice, rights, legitimacy, liberty, and equality – that can be understood in a wide variety of ways. -
John Rawls' 'Justice As Fairness' and the Demandingness Problem
Acta Scientiarum http://periodicos.uem.br/ojs/acta ISSN on-line: 1807-8656 Doi: 10.4025/actascihumansoc .v41i1.45292 POLITICAL PHILOSOPHY John Rawls’ ‘justice as fairness’ and the demandingness problem Victor Cruz e Silva Programa de Pós-graduação em Desenvolvimento Econômico, Universidade Federal do Paraná, Av. Prefeito Lothario Meissner, 632, Sala 24, 80210-170, Curitiba, Paraná, Brazil. E-mail: [email protected] ABSTRACT. John Rawls (1921-2002) was a liberal philosopher whose theory was, in the mid-twentieth century, the default mainstream political philosophy. His main theoretical construct is called justice as fairness. This study departs from the perception that there is an unexplored internal ethical tension within Rawls’ justice as fairness. We argue that Rawls’ deontological compass jeopardizes his reconciliation of liberalism and egalitarianism. Our objective is, accordingly, to elucidate the demandingness problem related to deontological ethics and how this affects Rawls’ ideal endeavors. This so-called demandingness problem was originally conceived in reference to consequentialist ethics. Accordingly, the alleged tension within Rawls’ system will be briefly contrasted with the controversy regarding John Stuart Mill’s (1806- 1873) system of political economy usually noticed by the literature, in which the demandingness beams from the necessarily consequentialist nature of utilitarianism. Our conclusion is that, whereas utilitarianism is necessarily consequentialist, and, therefore, demanding, Rawls’ system does not integrate inevitably demanding rules of behavior. It is Rawls’ deontological background that promotes the tension between liberalism and egalitarianism in his reasoning. Keywords: deontological ethics; utilitarianism; John Stuart Mill; liberalism; egalitarianism. A ‘justiça como equidade’ de Rawls e o problema da exigência RESUMO. -
Reconciling Educational Adequacy and Equity Arguments Through a Rawlsian Lens
Reconciling Educational Adequacy and Equity Arguments Through a Rawlsian Lens John Pijanowski Professor of Educational Leadership University of Arkansas Spring 2015 Abstract A theory of educational opportunity that combines adequacy and equity arguments is informed by examining two popular philosophies of resource distribution. Amy Gutmann's democratic threshold theory provides an adequacy argument that mirrors in several ways arguments that have held favor in educational policy. Similarly, the distributive justice theories of John Rawls parallel the logic opined in several key school finance cases. The Rawlsian influence is particularly strong in developing connections between educational opportunities and the expression or enjoyment of basic liberties. Keywords: Rawls, equity, adequacy, justice, education Introduction In A Theory of Justice, John Rawls (1971) proposes principles of justice that free and rational persons would accept in a hypothetical original position of equality. These principles serve to regulate social arrangements and the division of social benefits. In the original position, each member of a society is ignorant of their own abilities and social status. No one is aware of his or her intelligence, strength, or social class. Each person is also ignorant of their own conception of the good, creating a situation in which principles can be selected without anyone manipulating the process to advantage themselves. In the original position Rawls claims two principles of justice would be chosen: 1. Each person is to have an equal right to the most extensive basic liberty compatible with a similar system of liberty for all; 2. Social and economic inequalities are to be arranged so that they are both: 1 http://nau.edu/COE/eJournal/ a. -
Utilitarianism Egalitarianism Justice As Fairness Libertarianism
egalitarianism utilitarianism What is justice as fairness justice? libertarianism What is justice? This question breaks down into a number of sub-questions. We can ask what it means for a person to be just. We can also ask what it means for an international system of distinct societies to be just. Today we are going to focus on the question of what it means for an individual society — which for our purposes we can take to be a nation — to be just. This question is sometimes called the question of distributive justice, because it asks about the just distribution of goods within a society at a time. What goods are we talking about? a society at a time. What goods are we talking about? One category is what we might call material goods. These include things like food and property and income. But these are not the only goods. Other goods include political rights (such as the right to vote) and liberties (such as the freedom to choose where one lives or whom one marries or what job one pursues). As we will see, there are others. This is enough to describe a society which most of us would agree to be unjust. At some initial time t, the members of a society are living in a state of relative equality. But at a later time t+1, some sub-group A takes all of the property of sub-group B. Group A consolidates its power, and enslaves the members of group B, depriving them by force of their political rights and liberties (such as freedom of association and the freedom to pursue an education). -
The Theory of Justice As Fairness from Rawls to Sen
philosophies Article Toward a Human-Centered Economy and Politics: The Theory of Justice as Fairness from Rawls to Sen Alfonso D’Amodio The International Research Area on Foundations of the Sciences (IRAFS), Pontifical Lateran University, 00184 Rome, Italy; [email protected]; Tel.: +39-329-439-7126 Received: 11 September 2020; Accepted: 2 December 2020; Published: 8 December 2020 Abstract: In this paper, I present the suggestion that a suitable theory of “justice as fairness” could offer a consistent path for solving many issues related to the actual crisis of the classical liberal model of economy and democracy, by substituting the abstract “equality” principle, with the concrete “equity” one in the notion of justice. After a short discussion of some main characters of the present worldwide crisis of the classical liberal model, I present two main theories of justice as fairness. John Rawls’ theory in political philosophy that emphasizes how really equitable judgements must overcome the equalitarianism of the Classical Liberalism, by considering the real possibilities of individuals and groups of accessing and enjoying commodities and utilities, as well as, the “basic liberties” defining the citizen equal dignity in the Modern State. Rawls propose, therefore, a notion of fairness compliant with the Kantian normativism, and a notion of fair distributive justice based on the ethical principle of the maximin, as a criterion for judging the righteousness of the State Institutions. The other theory of justice as fairness I discuss in this paper is an evolution of Rawls’ in the direction of the development of a “comparative distributive justice”, without any normativism.