Justice

Question 1

Types of justice

Answer 1

Procedural / substantive legal / social

Question 2

Platonic justice

Answer 2

Striving for excellence

Question 3

Distributive/rectifatory justice - who identified these

Answer 3

Aristotle

Question 4

Marx’s idea of distributive justice

Answer 4

From each according to his ability to each according to his needs

Question 5

Main tenets of utilitarianism

Answer 5

One governing principle - maximise the good (pleasure etc). Individualistic, consequentialist.

Question 6

What is utilitarianism missing

Answer 6

rights

Question 7

Rule / act utilitarianism

Answer 7

Rule - consider the good when making rules, but then do not consider the results of specific acts. Act - consider the consequences of every act

Question 8

Where does the priority (good / right) lie in utilitarianism

Answer 8

Prioritise the good over the right

Question 9

Problem with utilitarianism distribution of resources

Answer 9

If massive inequality leads to greater quantum of happiness, that’s fine (slavery)

Question 10

How are massive inequalities avoided in utilitarianism

Answer 10

Diminishing marginal utility

Question 11

Arguments against diminishing marginal utility as a tool

Answer 11

It diminishes incentive

Question 12

Dworkin and preferences

Answer 12

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)

Question 13

Impracticalities of act utilitarianism

Answer 13

Having to calculate the consequences of every action - how far down the road need you go - An inspector calls

Question 14

Feinberg’s polar desert

Answer 14

Good v bad (retribution/reparation) you shoudl give back what you stole

Question 15

Feinberg’s non-polar desert

Answer 15

Prizes, honours (deserving nothing/deserving good). Non-polar desert is central to what philosophers have traditionally called distributive justice

Question 16

Sum up Rawls’ approach

Answer 16

Rights + utilitarianism = super social contract (he doesn’t think of himself as a utilitarianist)

Question 17

Basis of Rawls’ theory

Answer 17

You get more by cooperating than by going it alone

Question 18

How did Rawls ascertain how things should be disributed

Answer 18

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

Question 19

Just savings principle

Answer 19

Leave enough in the pot for future generations

Question 20

Rawls’ interpretation of fair equality of equal opportubnity

Answer 20

Affirmative action - the difference principle - tax the rich

Question 21

Why doesn’t Rawls’ theory work

Answer 21

Liberty always upsets patterns (see the baseball player) - would require the constant scrutiny of a benevolent and impartial Big Brother

Question 22

Rawls’ methodlology

Answer 22

Reflective equilibrium - choose the theory you like best, apply it to the facts, then adjust elements of the theory (like Dworkins’ adjudication)

Question 23

Nozick’s ideal state

Answer 23

Night watchman state - protects but doesn’t bestow / alter rights. No redistribution

Question 24

Nozick’s entitlement theory

Answer 24

Justice in acquisition (lockean - mixing labour with soil) + justice in transfer

Question 25

Biggest problem with night watchman state

Answer 25

No safety net - only provisions for poor / sick would be charity etc

Question 26

Problem with the Lockean proviso

Answer 26

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)

Question 27

Lyons’ “historical shadow”

Answer 27

As circumstances change, the nature of ownership changes (exclusive / non-exclusive)

Question 28

Nozick’s criticism of Rawls

Answer 28

Unanimity is not justice - self-interest is the only criteria for decision behind the veil of ignorance

Question 29

Finnis’ criticism of Rawls

Answer 29

The whole construction is a device for guaranteeing that each shall get what he wants whatever that may be

Question 30

Nozick’s criticism of the theory of the veil of ignorance

Answer 30

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

Question 31

Problem with Rawls’ distribution of assets (according to Nozick)

Answer 31

Includes natural assets - effort, diligence, kidneys? Takes away everything that is noteworthy about a person and externalises it

Question 32

Hume’s theory of what justice is

Answer 32

The product of cumulative experience, habits come to be relied upon then come to be fiundation sof justice (like keeping promises)

Question 33

What does Hume think justice is borne out of

Answer 33

Selfishness, scarcity of resources. What we think of as justice is founded on artifice and convention, not the natural order of things.

Question 34

Adam Smith’s model

Answer 34

Free market, evolution

Question 35

Why does Adam Smith think we need rules

Answer 35

Because although justice is hard-wired, we deceive ourselves when our conscience is most needed

Question 36

What does Adam Smith think rules are founded on

Answer 36

Disapproval. We make the rule because of the disapproval, not taht we disapprove because a rule was broken.