Justice

Robert NOZICK:
Anarchy, State and Utopia
Philosophical Explanations
The Examined Life

Distributive Justice:
Justice which concerns itself with distribution of goods

JOHN RAWLS:
A theory of Justice

considered a social contrast theory

the significance of justice

provide a way of assigning rights and duties

define the appropriate distribution of the benefits and burdens

justice is the first virtue of social institution

Principle of justice

first: each person equal rights equal basic liberties compatible with similar scheme of liberties for others

second: social and economic inequalities are to be arranged so that everyone's advantage and open to all

general principle: all social values(liberty opportunity wealth etc) are to be distributed equally unless unequal distribution is to everyone's advantage

justice as fairness

thought experiment: original position

veil of ignorance

state of nature

state of nature focuses upon a non state situation in which people generally satisfy moral constraints and generally act as they ought

this state of nature situation is the best anarchic situation. Hence investigating its nature and defects is of crucial important to deciding whether there should be a state rather than anarchy.

State of Nature
VS
natural rights

a necessary condition for the existence of a state is that it announce that, to the best of its ability, it will punish everyone whom it discovers to have used force without its express permission

compensation principle

issues:
-possible injustice when a wrongdoer compensates as much as the harmed one requires, but benefits more
-when compensating, fear is created, but not compensated
-harms is subjective
-It is not right for the state to compensate impaired ones for risky actions they could perform

Entitlement Theory

definition of state: a type of organization being in power to hold its members in a stte of sub-ordinance by the usage of physical force (in a legitimate way)

A principle of justice in transfer

A principle of rectification of injustice

A principle of justice in acquisition

No one is entitled to a holding except by (repeated) applications of (1) and (2).

Wilt Chamberlain Argument

Suppose there is an equal distribution of wealth D1 as Rawls wishes.

Wilt Chamberlain is a popular basketball player whose fans will pay 25 cents more of their own free wish.

If he has a million fans, he will earn $250,000.

Now, there is an unequal distribution of wealth D2.

This distribution of wealth still is just, because it was of their own free will that the fans paid. The state cannot interfere in creating this just distribution. Higher taxation of Chamberlain will inadvertetly convert D2 into D1, which would be unjust.

The Difference Principle

Original Position

Libertarianism(Nozick) vs Liberalism
Need-Based Justice VS Merit-based Justice