Justice Flashcards
Types of justice
Procedural / substantive legal / social
Platonic justice
Striving for excellence
Distributive/rectifatory justice - who identified these
Aristotle
Marx’s idea of distributive justice
From each according to his ability to each according to his needs
Main tenets of utilitarianism
One governing principle - maximise the good (pleasure etc). Individualistic, consequentialist.
What is utilitarianism missing
rights
Rule / act utilitarianism
Rule - consider the good when making rules, but then do not consider the results of specific acts. Act - consider the consequences of every act
Where does the priority (good / right) lie in utilitarianism
Prioritise the good over the right
Problem with utilitarianism distribution of resources
If massive inequality leads to greater quantum of happiness, that’s fine (slavery)
How are massive inequalities avoided in utilitarianism
Diminishing marginal utility
Arguments against diminishing marginal utility as a tool
It diminishes incentive
Dworkin and preferences
Personal preferences shoudl be taken into account n(we should have a swimming pool). External preferences should not be taken into account (black people shouldn’t have swimming pools)
Impracticalities of act utilitarianism
Having to calculate the consequences of every action - how far down the road need you go - An inspector calls
Feinberg’s polar desert
Good v bad (retribution/reparation) you shoudl give back what you stole
Feinberg’s non-polar desert
Prizes, honours (deserving nothing/deserving good). Non-polar desert is central to what philosophers have traditionally called distributive justice
Sum up Rawls’ approach
Rights + utilitarianism = super social contract (he doesn’t think of himself as a utilitarianist)
Basis of Rawls’ theory
You get more by cooperating than by going it alone
How did Rawls ascertain how things should be disributed
The veil of ignorance: 1. Equal basic liberties THEN 2. Inequalities (he accepted there would be some) arranged to the greatest benefit of the least advantaged (subject to just savings) AND all offices open to all
Just savings principle
Leave enough in the pot for future generations
Rawls’ interpretation of fair equality of equal opportubnity
Affirmative action - the difference principle - tax the rich
Why doesn’t Rawls’ theory work
Liberty always upsets patterns (see the baseball player) - would require the constant scrutiny of a benevolent and impartial Big Brother
Rawls’ methodlology
Reflective equilibrium - choose the theory you like best, apply it to the facts, then adjust elements of the theory (like Dworkins’ adjudication)
Nozick’s ideal state
Night watchman state - protects but doesn’t bestow / alter rights. No redistribution
Nozick’s entitlement theory
Justice in acquisition (lockean - mixing labour with soil) + justice in transfer
Biggest problem with night watchman state
No safety net - only provisions for poor / sick would be charity etc
Problem with the Lockean proviso
If followed back from the last person who takes a resource but doesn’t leave enough for others, ALL prior acts of appropriation would be unjust (Lyons)
Lyons’ “historical shadow”
As circumstances change, the nature of ownership changes (exclusive / non-exclusive)
Nozick’s criticism of Rawls
Unanimity is not justice - self-interest is the only criteria for decision behind the veil of ignorance
Finnis’ criticism of Rawls
The whole construction is a device for guaranteeing that each shall get what he wants whatever that may be
Nozick’s criticism of the theory of the veil of ignorance
It’s founded on a contract, but it would make contract impossible: If it’s good enough to found a theory on, it’s good enough to result from taht theory. You can’t have it both ways
Problem with Rawls’ distribution of assets (according to Nozick)
Includes natural assets - effort, diligence, kidneys? Takes away everything that is noteworthy about a person and externalises it
Hume’s theory of what justice is
The product of cumulative experience, habits come to be relied upon then come to be fiundation sof justice (like keeping promises)
What does Hume think justice is borne out of
Selfishness, scarcity of resources. What we think of as justice is founded on artifice and convention, not the natural order of things.
Adam Smith’s model
Free market, evolution
Why does Adam Smith think we need rules
Because although justice is hard-wired, we deceive ourselves when our conscience is most needed
What does Adam Smith think rules are founded on
Disapproval. We make the rule because of the disapproval, not taht we disapprove because a rule was broken.
