Justice

1
Justice
2
Paradox of Justice

• Small volcanic island has two villages, South
  Town (Pop 300) and North Village (Pop 500).
• Threat of devastating volcanic eruption is great
  both towns cooperate to invest in a large
  life-saving vessel on the nearby mainland coast
• Sudden eruption occurs time enough for vessel to
  make only one round trip. Which village should
  be saved? Why?

3
Fairness

• Would it be fair always to privilege the larger
  town over the smaller? Why/why not?
• Invokes more than utility cant say you have
  violated anyones rights
• Problem is one of distribution of benefits and
  burdens (including risk)

4
Justice as Fairness

• Aristotle defined this dilemma as the problem of
  justice -- treating equals equally, or giving
  to each his due
• We need a formula or procedure for fairness --
  for deciding who deserves what, or how things are
  to be apportioned

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Formulae for Distributionwhich one do you think
is the fairest the most just?)

• to each an equal share (egalitarianism)
• to each according to that persons need
  (Marxism?)
• to each according to the persons effort
• to each according to that persons contribution
  or merit
• to each according to his or her success (at free
  market negotiations)

6
Two Conceptions of Justice

• Aristotle also suggested we distinguish between
• Retributive justice crime, punishment, law
  enforcement (Billy Budd, capital punishment
  debates)
• Distributive justice how are benefits and
  burdens (positive duties) handed out in society?
  (John Rawls reading for today equal opportunity
  cases)
• But note that a formula for just and fair
  distribution in general could apply to
  punishment and law enforcement (so retributive is
  a special, important case of the second item)

7
Justice and Moral Theories

• Utilitarian justice is the distribution of
  benefits and burdens that maximizes social
  welfare. Punishments should prevent and deter
  crime to promote the public good, and should also
  be proportional to the wrongs committed.
• Duty/Deontological the Social Contract (Kant
  and Rawls) distribution of benefits and burdens
  (including punishment for wrongdoing) should
  follow a formula that is fair in the sense that
  all affected by it could give their rational
  consent. Such a formula would respect the
  autonomy of each individual as a chooser and
  decision-maker.

8
Kant on Justice

• The distinction we have seen in Kant and Mill
  between Positive Duties (imperfect) and Negative
  Duties (perfect), is also described by Kant as a
  distinction between
• Duties of Virtue the positive or imperfect
  duties to do good for others
• Duties of Justice the negative, or perfect
  duties to refrain from doing harm or evil

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From Kant to Rawls

• Rawlss Theory of Justice is an extended essay on
  Kants CI3 the Kingdom of Ends
• Kant moral agent is both a legislator and a
  citizen under the moral laws
• Rawls we need to define this legislative
  capacity carefully as the foundation of justice
  the original position the overall thrust of
  Social Contract theory (from Hobbes Locke to
  Rousseau and Kant)

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The Original Position

• Kants CI3 what sort of laws would citizens
  make?
• Resulting legislation is not fair if prejudiced
  unduly by knowledge of ones social position
• Presume a veil of ignorance legislators are
  ignorant of their own social status when defining
  laws, institutions, procedures
• This is a concrete application of Kants pure
  practical Reason, or the rational Will

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John Rawls the Theory of Justice

• Justice is a virtue of social institutions that
  reward or benefit achievers (and presumably
  punish wrongdoers) according to principles that
• provide equal liberty for all participants in the
  system
• provide equal opportunity or access to the means
  of achieving social goods (education, status,
  wealth, etc.) In particular
• such principles may justify the resulting
  differences in social status arising from the
  free pursuit of goods and the self development of
  talents which work to the common advantage (and
  hence could win the common consent) of everyone
  including the least advantaged living under
  this system

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How does this Work?

• Two principles of justice emerge from the
  definition of rational choice in the original
  position
• These principles, and the procedure (like the
  CI-procedure) provide a useful guide, a test of
  the adequacy of actual practices
• Examples
• Jim Crow laws
• laissez-faire capitalism