Justice-1 - Justice Justice Empirical: description of...

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Unformatted text preview: Justice Justice Empirical: description of actual usages of this term by the courts, the media, politicians or friends Philosophical: attempt to find the best possible definition of justice; a) Ideal or hypothetical conditions (Rawls) b) Non­Ideal or actual conditions (Sen) John Rawls John Rawls how, before what how, before what basic structure of society relations among individuals who may and do have different conceptions of good life acceptable to all not based on a feeling or intuition, but on rational and coherent arguments not a matter of luck, but chosen Justice as Fairness Justice as Fairness The original position: “a hypothetical situation of equal liberty in which human beings are to decide in advance what is to be the foundation charter of their society” So: principles of justice are the result of a “fair” agreement or bargain the thought process involves: the thought process involves: Veil of ignorance Plan of Life Uncertainty about the future Maximin rule for reasoning or choice the two principles of justice the two principles of justice (distribution of primary goods) 1. Equality principle: Each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others 2. Difference principle: Social and economic inequalities are to be arranged so that they are a) Reasonably expected to be everyone’s advantage, and in particular, to the greatest benefit of the least well­off b) Attached to offices and positions open to all under conditions of equal opportunity Inequalities can be: Inequalities can be: unjust: inequalities that are not to the advantage of all ii) just: incentives for those who improve the lives of others (supply side economics) redistribution of wealth so as to improve the condition of the worst­off i) Amartya Sen: Amartya Sen: informational base informational base Utilitarianism (classical): ­happiness in terms of desire satisfaction; a mental state ­maximization ­consequentialism Libertarianism: ­personal liberty ­constrains the actions of others: more important than consequences Excluded information: Excluded information: Utilitarianism (classical): ­inequalities in the distribution of utilities ­rights and freedoms ­adaptive attitudes Libertarianism: ­distribution of social or economic advantages ­social forms of freedom Capability Approach Capability Approach Utility (revised): preferences rather than desire­satisfaction Freedom: choices that reflect our preferences Sources of variation (informational base): personal, environmental climate, social climate, relational (customs), family Sen vs Rawls Sen vs Rawls Primary Goods: general­purpose Instruments (rights, liberties, opportunities, Income, etc) =informationally poor Substantive Freedom: ­Functioning: whatever a person may value doing or being ­Capability: alternative combinations of functionings =pluralist about weights Questions about justice: Questions about justice: individual metric // universal metric democracy // technocracy (choice) (expertise) ...
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