Political science Political science seminarseminar

Theories of Aristotle, John Theories of Aristotle, John Rawls and Robert Nozick Rawls and Robert Nozick

on Justiceon Justice

Gautam Jayasurya

Roll no: 339

1st Year B.A LLB

Justice: Some aspect to Justice: Some aspect to reviserevise

► JusticeJustice is the concept of moral rightness based on ethics, is the concept of moral rightness based on ethics, rationality, law, natural law, fairness and equity. rationality, law, natural law, fairness and equity.

► Justice is a proper, harmonious relationship between the Justice is a proper, harmonious relationship between the warring parts of the person or city- Platowarring parts of the person or city- Plato

► Variations of Justice: Variations of Justice:

1.1. Utilitarianism Utilitarianism

2.2. Retributive justice Retributive justice

3.3. Distributive justiceDistributive justice

4.4. Oppressive Law Oppressive Law ► Justice as supreme virtueJustice as supreme virtue

1.1. Division of society Division of society

2.2. ‘‘sticking to one’s station’sticking to one’s station’

3.3. Proper performance of duties Proper performance of duties

Theories of justice: AristotleTheories of justice: Aristotle

► Division of justiceDivision of justice

1.1. Complete justice: Regulation of public and social relations Complete justice: Regulation of public and social relations

2.2. Particular justice: proper distribution of wealth, honor etcParticular justice: proper distribution of wealth, honor etc► Division of Particular justiceDivision of Particular justice

1.1. Distributive justice Distributive justice

2.2. Corrective justiceCorrective justice► Criticism Criticism

1.1. Self contradictory e.g., Universal applicability of the term Self contradictory e.g., Universal applicability of the term ‘contribution to society’‘contribution to society’

2.2. He has pleaded cultivation of virtue as the criteria for He has pleaded cultivation of virtue as the criteria for distributing offices on the other hand he argues offices and distributing offices on the other hand he argues offices and honors should not be monopolized.honors should not be monopolized.

3.3. Preference to duties over rightsPreference to duties over rights

J.Rawls- ’J.Rawls- ’A theory of justice’A theory of justice’(1972)(1972)

► Equality as the central question of justice. Equality as the central question of justice. ► Puts forward the theory of ‘justice as fairness’. Puts forward the theory of ‘justice as fairness’. ► Pro-socialist approach Pro-socialist approach ► Introduction of ‘veil of ignorance’.Introduction of ‘veil of ignorance’.► First principle: Each person is to have an equal right to the First principle: Each person is to have an equal right to the

most extensive total system of equal basic liberties most extensive total system of equal basic liberties compatible with a similar system of liberty for all.compatible with a similar system of liberty for all.

► Second principle: social and economic inequalities are to Second principle: social and economic inequalities are to arranged so that they are both:arranged so that they are both:

1.1. To the greatest benefit of the least advantaged (the To the greatest benefit of the least advantaged (the difference principle)difference principle)

2.2. Attached to the offices and positions open to all under Attached to the offices and positions open to all under conditions of fair and equal opportunity.conditions of fair and equal opportunity.

R.Nozick - ‘libertarian entitlement R.Nozick - ‘libertarian entitlement theory’theory’

► Pro-capitalist approachPro-capitalist approach► Nozick classifies theories of justice as (1) either end-result or Nozick classifies theories of justice as (1) either end-result or

historical, and (2) either patterned or unpatterned. historical, and (2) either patterned or unpatterned. ► According to Nozick there are three sets of rules of justice, According to Nozick there are three sets of rules of justice,

defining: defining:

1.1. how things not previously possessed by anyone may be how things not previously possessed by anyone may be acquiredacquired; ;

2.2. how possession may be how possession may be transferredtransferred from one person to from one person to another; and another; and

3.3. what must be done to what must be done to rectifyrectify injustices arising from violations of injustices arising from violations of (1) and (2). (1) and (2).

► If the initial distribution of holdings is just and every transaction If the initial distribution of holdings is just and every transaction that subsequently occurs is just, then the distribution of that subsequently occurs is just, then the distribution of holdings will be just at all later times. A just transaction, again holdings will be just at all later times. A just transaction, again roughly, is one which is mutually and voluntarily.roughly, is one which is mutually and voluntarily.

► State should only ensure everybody’s equal rights and not more State should only ensure everybody’s equal rights and not more than that.than that.

► There are three observations that undermine the usefulness of There are three observations that undermine the usefulness of this theory of justice.this theory of justice.

1.1. There will always be unjust transactions to deal with. Doing so is There will always be unjust transactions to deal with. Doing so is the purpose of the police, one of the two institutions in a minimal the purpose of the police, one of the two institutions in a minimal state.state.

2.2. Not all unjust transactions will be detected, or even if they are it Not all unjust transactions will be detected, or even if they are it will not always be possible to provide compensation.will not always be possible to provide compensation.

3.3. Either the entire distribution of holdings is just or it is not.Either the entire distribution of holdings is just or it is not.► Nozick’s main argument against Rawls.Nozick’s main argument against Rawls.

1.1. Principles of justice that justify redistribution are patterned Principles of justice that justify redistribution are patterned principles.principles.

2.2. The free exercise of liberty upsets patterns.The free exercise of liberty upsets patterns.

3.3. Patterns are therefore unstable if liberty is permitted.Patterns are therefore unstable if liberty is permitted.

4.4. We face a choice between the pattern and liberty.We face a choice between the pattern and liberty.

Comparison and conclusionComparison and conclusion► Aristotle’s view: A sort of workable democracy in which all Aristotle’s view: A sort of workable democracy in which all

have a share in the offices of honour but virtuous have a have a share in the offices of honour but virtuous have a preference over the common masses.preference over the common masses.

► Criticism of Rawls’s theory: Difference principles uses taxes Criticism of Rawls’s theory: Difference principles uses taxes tom redistribute wealth in order to compensate for a lack of tom redistribute wealth in order to compensate for a lack of natural talent. State uses talented as a resource to benefit the natural talent. State uses talented as a resource to benefit the untalented. Subjecting to people to a regime of forced labour. untalented. Subjecting to people to a regime of forced labour. State having a property right in every property.State having a property right in every property.

► Redistributive action by the government unjust besides no Redistributive action by the government unjust besides no mention of a central distribution agency of wealth and mention of a central distribution agency of wealth and privileges given in Rawls’s theory privileges given in Rawls’s theory

► Natural lottery is not unjust.Natural lottery is not unjust.► Criticism of Nozick’s Theory: Distinction between end-result Criticism of Nozick’s Theory: Distinction between end-result

and historical theory is not as sharp as Nozick supposes.and historical theory is not as sharp as Nozick supposes.

SourcesSources

► ‘‘An introduction to political science and thought’, R.C An introduction to political science and thought’, R.C Vermani, 2005-06, Gitanjali Publishing house, DelhiVermani, 2005-06, Gitanjali Publishing house, Delhi

► ‘‘An introduction to Political Thought A conceptual Toolkit’, Peri An introduction to Political Thought A conceptual Toolkit’, Peri Roberts and Peter Sutch, Atlantic Publishers, New Delhi, 2005Roberts and Peter Sutch, Atlantic Publishers, New Delhi, 2005

► Web links:Web links:

1.1. http://thesamovar.net/node/41http://thesamovar.net/node/41

2.2. www.humanities.mq.edu.au/Ockham/y64l17.htmlwww.humanities.mq.edu.au/Ockham/y64l17.html

3.3. thesamovar.net/node/41thesamovar.net/node/41