This chapter contains sections titled: Two Forms of Property‐Owning Democracy What Is Stability? Why Does It Matter? The Sense of Justice Participation in Public Life Three Distinctive Features of Rawls's View Democratic Corporatism and Participation Objections Conclusion References.

This paper argues that a comparative study of the idea of a sense of justice in the work of John Rawls and the early Chinese philosopher Kongzi is mutually beneficial to our understanding of the thought of both figures. It also aims to provide an example of the relevance of moral psychology for basic questions in political philosophy. The paper offers an analysis of Rawls’s account of a sense of justice and its place within his theory (...) of justice, focusing on the features of this capacity and how it develops. It then provides an account of the sense of justice in Kongzi’s thought as it is seen in the Analects. Finally, it shows how examining the similarities and differences between the two accounts can deepen our understanding of both views, as well as our appreciation for the importance of understanding how a sense of justice develops. (shrink)

Theories about man's moral sensibilities, particularly his sense of justice, tend to reflect either optimism or pessimism about human nature. Among modern theorists Hobbes, Hume, and Freud are perhaps the most outstanding representatives of pessimism. Recently, optimistic theories, which view the sense of justice as linked essentially to the sentiments of love and friendship, have found favor with philosophers. Of these theories John Rawls's is the most notable. Section I considers the conceptual scheme optimists advance to (...) establish this view of the sense of justice and argues that it has serious problems. Section II examines Rawls's account of moral development, which is an especially well worked out account on the optimistic side, and argues that, because it relies on the conceptual scheme discussed in Section I, it too is seriously problematic. Finally, Section III suggests that behind these problems lie reasons favoring a pessimistic view like Hume's or Freud's. (shrink)

Methods in comparative work -- The sense of justice in Rawls -- The sense of justice in the analects -- Two senses of justice -- The contemporary relevance of a sense of justice.

In A Theory of Justice, John Rawls’s first argument for the inherent stability of a well-ordered society seeks to establish that citizens of such a society would come to share the same or similar senses of justice. In his late work, Rawls significantly revised his second argument for stability, but he repeatedly pronounced himself satisfied with the first. However, the pluralism that so drastically reoriented Rawls’s mature theory also creates destabilizing forces absent in Theory. These destabilizing forces suggest (...) that a shared sense of justice among citizens will be more difficult to achieve. This paper examines Rawl’s late theory in detail to reconstruct how Rawls, despite his stated satisfaction, addressed the destabilizing effects of pluralism through revisions to his first argument for stability. It argues that in his late theory Rawls no longer claims that a well-ordered society could achieve inherent stability. Instead, a more fragile stability is achieved through a disciplined commitment to publ... (shrink)

The paper analyzes Rawls's moral psychology and the claim that a just society must foster a sufficiently strong sense of justice. When Rawls investigates the development of the sense of justice under a just basic structure, he tacitly narrows down the focus: he only demonstrates the development of a sense of justice on the premise that all members of society are already in possession of a full-fledged sense of justice, save the one (...) individual under investigation. This begs the question, largely presupposing what needs to be explained, namely, how citizens at large develop a sense of justice. Rawls's narrowing of perspective leads to distortions in the analysis of stability, particularly with regard to a property-owning democracy. However, in lesser known parts of his work, Rawls offers clues for a more plausible account. Here, the idea is that institutions must be structured such that they enable all of us to nurture the sense of justice of each of us. With this idea of collective self-transformation in place, it becomes clear that economic institutions must be broadly democratized because of their profound educational role. Thus, the choice between a property-owning democracy and liberal socialism falls more strongly upon the latter. (shrink)

In this paper, I discuss the relevance of the sense of justice for Rawls’s theory of justice. In the first part, I analyse the interpretation that Rawls offered of moral psychology for evaluating its role in the generation of the sense of justice and the acceptance of the principles of Justice. In the second part, I discuss the difficulties of accepting Rawls's proposal. Finally, I conclude that the research on moral psychology developed by Rawls (...) allows him to recognise a way of supporting his principles of justice that is different from the traditional forms of deductive justification. (shrink)

This chapter summarizes briefly what John Rawls meant by stability, the role it plays in Theory of Justice (TJ), and the outline of his main strategies for showing that a well‐ordered society based on his principles of justice would be relatively stable. It presents comments on Rawls's use of developmental moral psychology in support of his claim that societies based on justice as fairness would be relatively stable. The chapter discusses Rawls's conception of self‐respect, its role in (...) his arguments for justice as fairness, and whether it is subject to a certain Kantian objection that echoes in our contemporary political culture. It argues that if Rawls's turn to an overlapping consensus of reasonable comprehensive doctrines as the basis of stability in Political Liberalism (PL) was well motivated, then why not quietly bypass the earlier work on a sense of justice and self‐respect simply as an acknowledged failure. (shrink)

The social contract approach to the study if institutions aims at providing a solution to the problem of compliance with rational agreements in situations characterized by a conflict between individual rationality and social optimality. After a short discussion of some attempts to deal with this problem from a rational choice perspective, we focus on John Rawls's idea of 'sense of justice' and its application to the explanation of the stability of a well-ordered society. We show how the relevant (...) features of Rawls's theory can be captured by a behavioral game theory model of beliefs dependent dispositions to comply, and we present the results of two experimental studies that provide support to the theory. (shrink)

The second season of True Detective portrays the relationship between law and justice cynically; law and its enforcement seem to be divorced from any conception of justice. Austrian legal theorist Hans Kelsen jurisprudence explicitly refers to official norms, such as legal order imposed by the state. True Detective, deals largely with unofficial legal norms, such as those of a corrupt city and of criminal organizations. A central conflict in True Detective's second season is the tension between the impulse (...) for revenge and the impulse for the more noble retributive justice. The series' presentation of law and justice and the conflict between a retrograde system of justice that is the norm and a newer virtue ethic driven by moral reasoning is what brings about the inevitable tragedies of the finale— the violent deaths of Velcoro and Semyon, and the exile of Bezzerides. True Detective is, particularly in its finale, a good illustration of Hegel's vision of tragedy. (shrink)

The primary aim of this interpretive essay is to reconstruct some of the most important features of Rawls’s theory of justice, and to offer a hypothesis about how its assumptions and arguments are tied together in a highly structured construction. An almost philological approach is adopted to highlight Rawlsian ideas. First, I consider in what sense Rawls is an individualist and in what sense he is not. Fromthis I conclude that he ought not be charged of psychological (...) egoism or atomism. Then I consider the role of rational choice, the contract and the relation of the latter to the criterion of reflective equilibrium. Here, pride of place is given to the reflexive method, while the role of contract and rational choice, though not denied, is downgraded. Finally, I enquire whether Rawls can be considered a universalist, and suggest that this category, owing to the theory’s practical aim and pragmatic method, is of little use. If successful, my reconstruction should offer a better insight into the theory and dispel some possible misunderstandings. But my presentation should not be read as either an assessment or a defense. (shrink)

This article brings together two debates in contemporary political philosophy: on the one hand, the dispute between the distributive and relational approaches to equality and, on the other hand, the field of intergenerational equality. I offer an original contribution to the second domain and by doing so, I inform the first. The aim of this article is thus twofold: (1) shedding some light on an under-researched and yet crucial question – ‘which inequalities between generations matter?’ and (2) contributing to a (...) far-reaching debate that touches upon the nature of egalitarianism. After showing that there are two key problems that fall within the scope of intergenerational equality – questions of justice between age groups and questions of equality between birth cohorts – I argue that, contrary to what the default distributive view (complete lives egalitarianism) states, some inequalities between age groups matter independently of their diachronic impact, and so partly for relational reasons. I argue that, even if we are distributive egalitarians, we must endorse the relational egalitarian conception to successfully make sense of some inequalities between age groups. I infer from this both that the putative view that the ‘relational’ conception of equality can be redescribed as distributive must be rejected and that the distributive view requires supplementation (but not necessarily displacement) by the relational view. (shrink)

Does which side of the fence we are on determine our perceptions of justice? Philosopher Eric M. Cave argues that rules of justice would benefit the members of a community little if individuals lacked an effective desire to comply with these rules. However, sometimes a sense of justice appears to do no more than to limit what individuals can do in pursuit of their own ends. Cave presents a provocative vehicle for self-examination.

The purpose of this paper is to make sense of Marx's own view about justice in the light of the controversy between classical Marxism and normative Marxism. Normative Marxism claims that Marx's condemnation of capitalist exploitation and his conception of communism entertain a principle of justice, while classical Marxism does not allow any such principle in Marx's thought. However, I argue that although Marx uses normative terms, he does not provide any specific theory of justice. Marx's (...) condemnation of capitalism is based on the real interests of the workers, not on their moral norms, and his communist principle is a principle of distribution (as a principle of equality), not a principle of justice. (shrink)

A penal ethics for today examines the connections between affect and morality. It scrutinises closely the felt moralities within the apprehension of crime. These felt moralities underpin interventions that are seemingly mobilised by a passion for justice. A penal ethics questions whether these sensibilities really do move moral actors as just feelings. This proposition is readily defended by reference to the emotive moralism in some notable areas. These include legitimation of the death penalty as ‘closure’ for victims, and the (...) emergent imperative to wage ‘virtuous’ wars. Developing an ethics that challenges the contemporary penal field requires a sophisticated theoretical elaboration. An approach of this kind entails the conceptual determination and phenomenological analysis of moral sensibilities. This essay accordingly explores the feeling of being moved by a sense of atrocity. It considers the feeling of being moved to respond justly to one globally noted death from crime. This was a death thought to have reinforced the West’s sense of moral purpose in the movement toward ‘virtuous war’ upon an Iraqi regime framed as ‘brutal’. (shrink)

This article develops an intuitive idea of proportionality as a placeholder for a substantive conception of equality, and contrasts it with Ripstein’s ideas, as presented in an annual guest lecture to the Society of Applied Philosophy in 2016. It uses a discussion of racial profiling to illustrate the conceptual and normative differences between the two. The brief conclusion spells out my concern that talk of ‘proportionality’, though often helpful and, sometimes, necessary for moral reasoning, can end up concealing, rather than (...) illuminating, people’s claims to be treated as equals. (shrink)

Paneb foi um trabalhador da aldeia de Deir el-Medina que viria a ocupar uma posição de relativo destaque a partir do ano 5 de Seti II como «chefe da equipa do lado esquerdo do grupo» e que está associado a um caso judicial em que é acusado por Amennakht, seu tio adoptivo, de uma série de subornos, roubos, abusos de autoridade, ataques físicos, violações, adultério e até assassinato, cometidos na sua aldeia e no Vale dos Reis ao longo de um (...) quarto de século no final da XIX dinastia. Os crimes de que é acusado são conhecidos em detalhe através do Papiro Salt 124 (BM 10055), datado da XX dinastia (provavelmente do ano 6 de Ramsés III). Esta fonte é um documento extraordinário para se compreender o funcionamento da Administração e da Justiça no Império Novo, mas a sua análise permite detectar exageros e deformações dos factos que nos obrigam a reavaliar o seu verdadeiro significado. (shrink)

So-called transitional justice has become more universal and in doing so now approximates a more general sense of justice, law, or the rule of law. The inquiry of the essay proceeds by way of a brief analysis of ‘transitional justice’ and related qualifying terms, such as ‘restorative’, ‘reconciliatory’, and ‘retroactive’. I consider the plausibility of identifying, deflating, or reducing each of them, with, or, to, the rule of law, or other general justicial notions. I illustrate the (...) analysis, in a condensed form, through a case study of the Preamble to the Carcross/Tagish First Nation Constitution, a particular situation in the context of indigenous politics on the Canadian scene, one that focuses on negotiation of land-claims and self-government agreements in an historical epoch of continuing colonization and partial decolonization. I conclude by proposing that there is positive promise in the perpetual reconstruction of justice, or constitutionalizing. (shrink)

Utilitarian and deontological moral theories are often accused of failing to develop a convincing account of an agent's moral psychology, and so failing to provide an adequate theory of moral motivation that sustains their conception of morality as involving generally overriding moral duties. As a result of this apparent conflict between an agent's psychology and the demands of morality, many suggest making dramatic revisions to our conception of morality. I argue here that a more promising response is to examine where (...) it is that morality fits into human psychology, and then build a theory of moral motivation that sustains ordinary conceptions of morality from this foundation. To do this, I start by looking at Hume's account of moral motivation, which is grounded in a rich and full moral psychology. In an attempt to show that his theory provides a promising foundation for a contemporary theory of moral motivation, I explore his account of acting from duty and develop a new interpretation of his theory of moral motivation that fits most consistently with both his criticism of other accounts and his more general claims about the virtue of justice. I argue that Hume offers an account of justice as being always valuable in virtue of being a necessary condition to the enjoyment of one's good character. I go on to suggest that pride in one's character, what we might now call personal integrity, commits each agent to acting with a sense of duty, and enables her to attain a level of social interaction that is necessary for her psychological development, yet not possible without a commitment to justice. After defending this interpretation of Hume, I extend this basic notion of personal integrity and demonstrate how this idea, combined with the workings of empathy and the psychological need for positive social interaction, generates a viable theory of moral motivation that maintains the common conception of morality as involving generally overriding moral duties while avoiding threats of alienation. (shrink)

Although Hegel's philosophy of history is recognized as a great intellectual achievement, it is also widely regarded as a complete failure. Taking his cue from the third century Greek historian Polybius, who argued that the rapid domination of the Mediterranean world by Rome had instituted a new phase of world history, Hegel wondered what the rise of European modernity meant for the rest of the world. In his account of the contingent paths of world history, he argued that at work (...) behind it is an eternal human struggle over justice, and that it had led to a new conception of justice in which nobody by nature had authority to rule over anybody else. Moving away from the ancient conception of justice as ordered through a cosmic system, the modern conception is based instead on freedom. This is, so Hegel argues, not an accident of history but part of the necessary development of the institutions and practices through which humans establish and maintain their changing shapes of agency. Behind it is an infinite end, justice, which as infinite is neither something which can ever be finally achieved nor a goal to which we are getting closer but which requires an infinite effort at sustaining.--. (shrink)

The “motive of justice” is ambiguous between three quite different categories of motivation. These are: the motive to perform a particular just act; the motive to set up institutions of justice, most particularly the conventions or “artifices” which regulate and establish property; and a motivational disposition, or essential part of a complex of motivational dispositions, that is characteristic of a person with the virtue of justice. The question now arises: Can justice as a basic virtue be (...) understood as having at its core a natural motive which is expressed in its various differentiated forms? More particularly, could Hume find such a motive? This chapter argues that compassion can be seen as just that natural motive. It considers two problems for the understanding of compassion as the natural motive for justice in sense, in relation to Hume's theory of the passions. (shrink)

This article investigates one of the major problems of modern political philosophy – the problem of justice in its fundamentally important methodological measurement in the Context of Ukraine. It’s consistently shown that justice belongs to a prominent place among the moral and social values: particularly its people owe to each other, because it is the scale, which measured freedom, equality and human rights.For this purpose it is analyzed the relationship and difference of methodological changes in grasping the concept (...) of justice in the works of K-O-Apel, J.Habermas, O.Höffe, R.Forst. It was found that Habermas interprets a new essence of solidarity and justice as normative principles of a democratic state where the requirement of respect for the dignity of each based on the acceptance of the inviolability of his body, life and property. It is proved that O.Höffe draws attention to the need of fundamental changes in the understanding of social justice, emphasizing the pre-modern, paternalistic sense of distributive models. Іn the writings of R.Frost social justice gain a political dimension, just as political or social relationship can exist only in case of their full justification, respect for human dignity. In the latest theories of justice is said that the victim of injustice is firstly the one who is ignored both in the process of manufacturing and distribution of public goods. To conclude: only the justice of exchange permits us to solve the immediate, practical dilemma: should one hand over a part of one’s freedom to social, state, authoritative structures, or be independent of them and be unable to resort to their assistance in case of emergency. People, perforce, mutually abandon part of their freedom as legal agents in order to enjoy their right for freedom. If this abandonment is universal, such exchange may be considered just. By insisting that everything individual is also social because it requires and is embedded into social context, R.Forst presents intersubjectivity as a fundamental dimension of human existence that shows itself in our ability to self-determination, i.e. freedom, but within the limits of human community. Also his point is that our obligations are no less rooted in our existence than our rights, and law has no priority over good and depends on moral good as a defining factor of justice. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

This paper discusses certain problems arising within the treatment of the senses of functions in Alonzo Church's Logic of Sense and Denotation. Church understands such senses themselves to be "sense-functions," functions from sense to sense. However, the conditions he lays out under which a sense-function is to be regarded as a sense presenting another function as denotation allow for certain undesirable results given certain unusual or "deviant" sense-functions. Certain absurdities result, e.g., an argument (...) can be found for equating any two senses of the same type. An alternative treatment of the senses of functions is discussed, and is thought to do better justice to Frege's original theory. (shrink)

This article discusses whether a sense of humor is a political virtue. It argues that a sense of humor is conducive to the central political virtues. We must first, however, delineate different types of humor (benevolent or malicious) and the different political virtues (sociability, prudence, and justice) to which they correspond. Generally speaking, a sense of humor is politically virtuous when it encourages good will toward fellow citizens, an awareness of the limits of power, and a (...) tendency not to take oneself too seriously or when it condemns moral or intellectual vice. An analysis of President Donald Trumps deeply flawed sense of humor is used to ground this account. (shrink)

I examine Heidegger's reflections on the Anaximander fragment, concentrating on the question of justice. In his commentary, Heidegger draws on Nietzsche's thoughts about justice, the will to power, and nihilism to formulate an interpretation of the fragment that connects it to the epochal history and destiny of being. This "ontological" interpretation, constructed in a compelling reading of the history of philosophy, requires that Heidegger first address the historicism and "ontological forgetfulness" prevailing in historical consciousness and historiography, in order (...) to begin thinking towards the possibility of another epoch of being, releasing us from the injustice that is inherent in the ontology that rules in the present historical dispensation. Although Heidegger avoids moral prescription, he cannot avoid critical entanglement in the moral-juridical sense of justice, despite his claims and protestations, since, as his own account of the fragment implies, justice and ontology must be inseparable. Reading Heidegger's commentary in relation to Benjamin's philosophy of history, I argue that Heidegger's reflections on justice suggest a narrative of tragic hope that resembles Benjamin's configuration of justice in his reading of the Baroque mourning-play, where the hopelessly fragmented and imperiled image of justice is revealed as emerging from a Leidensgeschichte fatefully bound up in the continuum of a Schuldgeschichte. (shrink)

In Promoting Justice Across Borders: The Ethics of Reform Intervention, Lucia Rafanelli offers a framework for normatively evaluating reform interventions. In this comment, I focus not on Rafanelli’s explicit argument, with which I largely agree, but rather on how this argument implicitly maps the terrain of justice, injustice, and justice-promotion. I suggest that Rafanelli overstates the importance and distinctiveness of reform intervention compared to other justice-promoting projects, and in so doing downplays forms of justice-promotion besides (...) reform intervention, including powerful entities reducing their own unjust practices and subaltern groups fighting for justice for themselves. However, if we view reform intervention as one type of justice-promoting project among others, then we can see that, while Rafanelli’s framework is in one sense less consequential than she suggests, it also potentially offers insight into a much wider range of contexts than she acknowledges. (shrink)

Terry Pinkard has been a leading figure within the revival of Hegelian philosophy over the last quarter century, together with Robert Pippin articulating an innovative and influential interpretation of Hegel as the rightful successor to Kant’s distinctly modern critique of “dogmatic metaphysics.” In Does History Make Sense?, he attempts the challenging task of rescuing Hegel’s philosophy of history, drawing on his earlier account of Hegel as a kind of “modified Aristotelian naturalist,” here sketched in chapter 1. Given that the (...) picture of Hegel as an Aristotelian “conceptual realist” has been popular with critics of the post-Kantian... (shrink)

In this book, Jiwei Ci explores the dual nature of justice, in an attempt to make unitary sense of key features of justice reflected in its close relation to ...

When we make public policy choices, is it helpful to know how utopia would look? Amartya Sen argues that it is neither necessary, nor sufficient, nor even contributory. He claims that before making a policy choice one should compare several feasible institutional designs to see which promotes justice most, and that it is misleading to use the perfect design as a standard in those comparisons. Principles of justice are the proper standard. The present article contends that the perfect (...) design has nevertheless an important role to play in the prior task of identifying and refining our principles of justice. It also shows that the perfect design—in at least one sense of this term—may be a legitimate long-term goal for present policy choices. (shrink)

David Hume famously states, in his A Treatise of Human Nature, “that ’tis only from the selfishness and confin’d generosity of men, along with the scanty provision nature has made for his wants, that justice derives its origin”.1 This is Hume’s summary of the conditions under which the very idea of rules of justice makes practical sense, and he effectively repeats it in the Enquiry Concerning the Principles of Morals.2 To put it briefly at the outset, Hume’s (...) point is simply this: if there was either a superabundance or drastic scarcity of resources, or if everyone were either completely and unfailingly virtuous or completely and unfailingly wicked, we would not need rules. (shrink)

롤즈(John Rawls) 사후 발견된 「나의 종교에 대하여」(1997)라는 글과 프린스턴 도서관에서 찾은 롤즈의 학부 졸업 논문 『죄와 믿음의 의미에 대한 짧은 탐구『(1942)가 묶여 2009년 단행본으로 출판되면서 롤즈의 정의론과 종교의 관계가 무엇인지에 대한 학계의 관심이 다시금 높아졌다. 이런 관심에도 불구하고 롤즈 정의론의 도출과 정당화 과정에서 종교적 포괄적 교설이 어떤 역할을 하는지 여부에 대해서는 체계적인 논의가 제시되지 못해 오해와 왜곡이 계속되고 있다. 따라서 본 논문은 롤즈의 공적 이성(public reason) 논의를 중심으로 정의론에서 종교의 의미와 역할이 무엇인지를 규명하고자 한다. 본 논문의 분석에 따르면, 롤즈 정의론에서 (...) 종교는 배타적 견해, 수용적 견해, 넓은 견해의 발전 과정을 통해 점진적으로 수용되었으며, 이를 통해 정의론은 이론 도출을 위한 토대를 마련하였고 정당화 과정에서 안정성을 확보하였다. 이러한 규명은 롤즈 정의론을 보다 잘 이해하도록 도울 뿐만 아니라, 추후 새로운 정의론과 정치철학을 모색하는 기획에 있어서 종교가 어떤 역할을 해야 할지에 대한 시사점을 줄 것으로 기대한다. (shrink)

Conceptual analysis has fallen out of favor in political philosophy. The influence of figures like John Rawls and Ronald Dworkin has led political philosophy to focus on questions about what should be done, and to ignore questions about the usage of words. As a result, contemporary political philosophy lacks a shared understanding of the concept of justice, and a considerable amount of disagreement between political philosophers is, upon reflection, traceable to this. In my book, I call for renewed attention (...) to the manner in which the word ‘justice’ is and should be used. Focusing on the late work of G.A. Cohen, I argue that two major debates in contemporary political philosophy: the debate over luck-egalitarianism and the debate over whether justice imposes demands on citizens’ personal lives; are really just conceptual. Whereas some philosophers have been using the term ‘justice’ to refer to one among a plurality of values, others have been using it to refer to institutional rightness. Though the latter use of ‘justice’ is presently more dominant, I argue that much is to be gained from thinking of justice as one value among many. Doing so sheds light on the nature of both democracy and legitimacy, and, paradoxically, makes better sense of the idea that justice is ‘the first virtue of institutions’. (shrink)