Justice - Libertarian Justice, Socialist Justice, Welfare Liberal Justice: The Contractarian Perspective, Welfare Liberal Justice: The Utilitarian Perspective
political conception takes ideal
Virtually everyone becomes involved in disputes about justice at some point. Sometimes our involvement in such disputes is rooted in the fact that we believe ourselves to be victims of some form of injustice, such as job discrimination; sometimes our involvement is rooted in the fact that others believe us to be the perpetrators or at least the beneficiaries of some form of injustice affecting them, such as unfair taxing policies. Elimination of the injustice may require drastic reform, or even revolutionary change in the political system, such as took place in the Soviet Union, Eastern Europe, and South Africa. In other cases, redress of the injustice may require only some electoral pressure or administrative decision, such as that required to end a war, for example, the Vietnam War. Whatever the origin and whatever the practical effect, disputes about justice
are difficult to avoid, especially when dealing with issues that have widespread social effects like access to employment opportunities, distribution of income, structure of political institutions, and use of the war-making capabilities of a nation.
Reasonable resolutions of such disputes require critical evaluation of the alternative conceptions of justice available to us. Philosophical debate at the beginning of the twenty-first century supports five major conceptions of justice: (1) a libertarian conception, which takes liberty to be the ultimate political ideal; (2) a socialist conception, which takes equality to be the ultimate political ideal; (3) a welfare liberal conception which takes contractual fairness or maximal utility to be the ultimate political ideal; (4) a communitarian conception, which takes the common good to be the ultimate political ideal; and (5) a feminist conception, which takes a gender-free society to be the ultimate political ideal.
All of these conceptions of justice have features in common. Each has requirements that belong to the domain of obligation rather than to the domain of charity; differences arise as to where the line between these domains should be drawn. Each is concerned with giving people what they deserve or should rightfully possess; disagreements exist about what those things are. Each is secular rather than religious in character because for justice to be enforceable it must be accessible to all who apply for it; only a conception of justice that is based on secular reason rather than on religious faith could have that accessibility. Each is thought to apply cross-culturally in virtue of its being accessible to everyone on the basis of reason alone. These common features constitute a generally accepted core definition of justice. What we need to do, however, is examine that part of each of these conceptions of justice over which there is serious disagreement in order to determine which, if any, is most defensible.
Additional Topics
Libertarians frequently cite the work of F. A. Hayek (1899–1992), particularly his Constitution of Liberty (1960), as an intellectual source of their view. Hayek argues that the libertarian ideal of liberty requires "equality before the law" and "reward according to market value" but not "substantial equality" or "reward according to merit.…
In contrast with libertarians, socialists take equality to be the ultimate political ideal. In the Communist Manifesto (1848), Karl Marx (1818–1883) and Friedrich Engels (1820–1895) maintain that the abolition of bourgeois property and bourgeois family structure is a necessary first requirement for building a society that accords with the political ideal of equality. In the Critique …
Finding merit in both the libertarian ideal of liberty and the socialist ideal of equality, welfare liberals attempt to combine both liberty and equality into one political ideal that can be characterized as contractual fairness or maximal utility. A classical example of the contractual approach to welfare liberal justice is found in the political works of Immanuel Kant (1724–1804). Kant cl…
One way to avoid the challenges directed at a contractarian defense of welfare liberal justice is to find some alternative way of defending it. Historically utilitarianism has been thought to provide such an alternative defense. Under a utilitarian view, the requirements of a welfare liberal conception of justice can be derived from considerations of utility in such a way that following these requ…
Note that few of the distinctions Aristotle makes seem tied to the acceptance of any particular conception of justice. One could, for example, accept the view that justice requires formal equality, but then specify the equality that is required in different ways. Even the ideal of justice as giving people what they deserve, which has its roots in Aristotle's account of distributive justice,…
Defenders of a feminist conception of justice present a distinctive challenging critique to defenders of other conceptions of justice. In his The Subjection of Women (1869) Mill, one of the earliest male defenders of women's liberation, argues that the subjection of women was never justified but was imposed upon women because they were physically weaker than men; later this subjection was c…
What conclusions should we draw from this discussion of libertarian, socialist, welfare liberal, communitarian, and feminist conceptions of justice? Is MacIntyre's opinion, described in After Virtue (1981), that such conceptions of justice are incommensurable and, hence, there is no rational way of deciding between them correct? Many philosophers have challenged this view, and even MacIntyr…
Aristotle. Nicomachean Ethics. Bk. 5. Translated by Martin Ostwald. Indianapolis: Bobbs-Merrill, 1962. Hayek, Friedrich. A. The Constitution of Liberty. Chicago: University of Chicago Press, 1960. Jaggar, Alison M. Feminist Politics and Human Nature. Totowa, N.J.: Rowman and Allenheld, 1983. Machan, Tibor. The Passion for Liberty. Lanham, Md.: Rowman and Littlefield, 2003. MacIntyre, Alasdair. Aft…
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