goes SOCIAL JUSTICE Alan Gewirth Gregory Vlastos Edited by Richard B. Brandt Prentice-Hall, Inc Englewood Cliffs, N.Jogewuad Chi, 8.) Liar of Congren Catalog Cant No: 62.1901 rina iste Une Stes of Ame. Preface ‘The philosophical revolution of the last decades has touched the concept of socal jurtice only lightly. Compared with the shower fof books and articles on good and ought and right—on what these twords mean and how they can be used, and on the kind of reason ing typieally marshalled in support of statements about what i Imoralthere have only been scattered drops om just and unjust. “The neglect of this subject does not result from a lack of im portance in human thought. Neatly every day there is cause to Consider whether some policy oF decision is just to the stockholders, the workers, the farmers, or the consumers, Nor docs it result from ‘a dearth of outstanding problems, ay if it were clear what just and unjust mean, and what are the ctteria of a just action, society, ‘economic system, set of laws, and $0 on. It could be true that the theory of justice is in good order, and that the only problem is ftrategy of tactics for realizing the ideal of justice in che social frder, But in fact this is far from true, The simplest questions ‘bout just and unjust have not been answered: for instance, whether it is contradictory t0 say of a state of affairs that it is unjust but ‘morally right, and whether i is contradictory to say of an action that it was unjust but violated no one’s rights, or whether just if fair ave synonyms (and if not, wherein their meanings dif) ‘Much lew is thete agreement about what features an action or society or institution must have, in order to be called just. The fone point of agreement among contemporary thinkers seems to be ‘that equality and justice have a close relation. “The emays in this volume are 2 concerted effort to clear one comer of this thicket, the area of social juitice—the problem of justice in society or of a just society. In an earlier form they were Teetures delivered at Swarthmore College, under the auspices ofEEE the William J. Cooper Foundation, during the spring of 195. ‘Te authors ad ben niet lectare on any spect ofthe Prob em of social jusice which semed to them important. As it turned ut four of the lecturers chose to concern themscives. with tbe CONTENTS coneept of sca justice This nity of topic turned out to be a happy fact. For the le turen represent quite diverse areas of interest and experience eee ‘Thee are philosophers. But of these one has had a major The Goncept of tas inthe philosophy of polit and is known for his analysis ari aaa Of Store pltcalphiloiphers; a seond isa scholar in the field Greek philoophy, with a second specialty inthe history of rial thoughts andthe third is primarily a moral. philosopher ae hie ontemporary analytic school. So, although all_are ph lust 41 (eephes aod seeped in the uadition of Anglo-American analyte Gregory Viastos orn EY Bring quite diferent perspectives to their tsk. Aa eEory Tech letres comes ftom the fel of law, being one of a redtemos scholar on consiutional law. The fifth 2 theo fmt 2m, CMP on he bin of o- Social Justice in Social Dynamics GRE fi tae ape the en of scolar var a Pe ee fen do ot ply in harmony. ‘This xa it should be a TEE Se nt tnd we tefl wa th pee ig eee a the cmp Es Social Justice and the Law desk Bee atoning pauers of comtemporary si Sct do advan the thay of the aber andthe pee mpruous eats and perspectives of the authors provide @ sumptuous rpm fog nd Beets of the authors pi Political Justice Alan Gewirth ng About the Editor and Authors m‘The Concept of Social Justice WILLIAM, FRANKENA Give the hing thy judgments, O God, and thy right ounces unto the king's som Pez Much of history—from what Breasted has called “the dawn of conscience” in ancient Egypt, through the Hebrew prophets, Robin Hood, and the Levellers, to the sitdown strikes of today—may be thought of as a “quest for social justice" The Declaration of Inde pendence was one long appeal to “the voice of justice” against a tain of abuses and usurpation,” by the king of Great Britain. But four present task is neither to trace the history of this quest nor (0 fstimace the extent to which i has been succesful. 1¢ is rather to determine the nature, the object of this quest—what is social justice? I. Preliminaries I propose to take social justice, not as a property of individuals and ‘thelr actions but asa predicate of societies—partiularly such Societies a8 are called nations—and of their acts and institutions ‘The terme “justice” and “injustice” may ao refer to the actions of, dividuals, but our concern is with their social application—with justice and injustice writ large, o use Plato's phrase—that is, withED ED EOE EP SENS CC tht munifetton bya society in its dealings with ics individual ‘members and subsocicties. ft “e _ Ath janice i il become propery a ie sete, is no simply property aviv of sich 8 seit init formal or legal aspect sell the stat, That ‘spol justice pac of socal juice. Bu society does ot com ‘it merely ofthe aw ofthe ate: ha also mote dnforma a ec compre of cultural nations, eonventins, moral rue, Xi torl incon n oter fora wcty to be lly jst, ema in ins informal aswel ain formal npc scnltbubr and many other theologians usualy asaciate janice ih love They air on the one hand, chat justice fetion {lll appiation ofthe lw of love, ands onthe ther that, 1 th alent of jac. Now, i i rue hatin a sci of UG of the demands of justice would be fulfilled” But, 1 oe seperate they would be fuled eminent, not for reteaat i M7 Would be overtulfied rather than Werally trowel Std a tcety would not be called unjust of coure, Bot names hardly be corect to describe it as just. It seems more 2C {uate to conta love and juste the n the feclogans flere wo ike to my there fe emion” be 0 lke to say there fs a “tension” between rote see shaore hr lop he ew tat sacl sie fied in tems of love. This view i represented by Ei The sphere in wt Pipe wit rae jc, ein cei hich the to ee gee supreme principle, and the sphere in ‘without actnowiedgin’ UPFEMe. whete there are no deserts, where love, “Apart as heaven fren gan? “aim, gives all—these «wo spheres lie as far she fal athe sci ei ip es Sa lis Tati acl soe geet thlogl pronouncements smetines ae eh tack iting what te tof 2 tcl junc not the ony fetur of 2 kl Order Landca: Lawerworth Pre, 15), p10 ie on te The Concept of Sociat Justi s ideal society. Societies can be loving, efcent, prosperous, oF good, as well as just, but they may well be just without being, notably Denevolent,efiient, poxperous, or good. Our problem is to define the concept ofa just society, not that of an ideal society Il, An Ancient Formula for Justice ‘To define the concept of socal justice we must answer two quer tions which itis important to distinguish from one another. Fist what are the criteria or principles of socal justice? In other words what features make or render a society just oF unjust? Second, wht are we doing or saying when we s2y of a society that it ie just oF unjust? Let us begin swith the former, As is sated in an ancient formula, a society is justi i renders to its various members what is due them. But what is it that ie due them? To reply that that is ‘due them which is justly theis orto which they have 2 right, isto add nothing. For we must still determine what iti that is their due fr their right. To specty that their due or their right is what is accorded to them by the laws of the state may, speaking legally, Sufice, The laws of the state, however, may be themeelves unjust, and ifs, it follows that socal justice cannot consis wholly in their ‘observance, Since social justice includes moral as well as legal justice, one might say that a society i just if its laws and actions ‘onform to ite moral standards. But even the prevailing moral principles ofa society may be unjust or oppresive. ‘It may be said that a man's due or right is that which is hi by virtue not merely of the law or of prevailing moral rles, but of valid moral principles, and that a society is just if it accords its ‘members what itis required to accord them by valid moral prin ples According to this view, socal justice consists in the appor. tionment of goods and evils, rewards and punishment, jobs and privileges, in accordance with moval standards which can be shown tobe valid, In other words, socal justice is any system of distribu tion and retribution which is governed by valid moral principles. ‘This view, if true, sill leaves unsolved the very dificult question ‘of which moral principles ate valid, bue at last simplifies matters Dy telling us that the answer to this question will provide the defi‘ wenntiaae m. PRANEEA ‘ion of jie, The concept of jie, i sas, involves no speci ‘robles ll weave to dito find ut wn i igh ‘This view indeed plauble, for what could be more obvious tay da cy J ie ea eb Ho And yet can jestice be so simply eqted with acing righ? I ono scm ome tat ican Not al ight acts or example, of benevolence, mercy, or retring. good for evileat Be roply died as jst Nore all wrong nets enjant.AS RB ‘rnd pins os, inet may be wrong but the ters just” an “jas” sinply donot apply? Nov all moral princples re “lips of janice” even if they are vad for example, the ‘cps JS. ileal generosity and benecenceare not, Joti She, acing in acondance withthe rineipe of justices ii 08 ‘imply acting in accordance with valid moral pring his point maybe empha in another way. Wher justice 23 dln 3 proces of tituting and enbuting Im ‘orn with valid moral principles seems fo depend om which rl principles urn ou tobe valid. Suppose the cocled prt eof wily is undenicd, a sme ultrans see to understand 4 mea that the right ene of setin Is snp that wich Beng Sno gate ana methine fol 3 uur) over emething evil (ay ps) rguew of how th ‘Tmt dbus, Sipps, fribermore that thas prince of Saas ot 0 be the only valid principle of moray. ‘Then wong contac with vad mort pi wi at incide with wha ir eled usc, though i Testa led tenecence. Juste fs not ssnply te gett cerlgdthe: plete over pain or of goal on ei Tce the mage 0c wih the quantity of goad or el at wth ane in whch — rbd, Two cours of action m2 Ene Se lave quantities of gon! and ell, yet One 7 apd andthe other unjan Became of the way #8 ‘Nihthey apportion hee goon ese antes ee wale we dpa rom or ordinary underanding of ha they a eT ite Soe! Cie x ree a te, 9, 0 CL eae a Mes Grd ce Yo Hsu ae Pe BS ESET ECE EE TEESE EEE EEE eee CEE eee ee The Concept of Socal Justice 5 the term “justice,” socal justice cannot be defined merely by saying "hat a society is just which acts, distributes, and so on, i accordance ‘with valid moral principles. If this is correct, however then right making characteristics ot justifying considerations must be isting Uished from justmaking or justciing considerations. Justmaking ‘considerations are only one Species of rightmaking considerations And, theoretically at Teast, a consideration of one kind may over rule a consideration of the other. In particular, 2 jostmaking con- sideration may be overruled by x rightmaking one which is not Included under justice. Ax Portia stys to Shylock, ‘arly power dodh then show tke God's ‘When mere Seton juss. Furthermore, an inequality may sometimes be justified by it tility the action oF poliey that promotes the inequality would then be ight—buc it might not be, strictly speaking, jus. tis tue, as Brandt has pointed out? that in such a case we should not eall the action or policy unjust—dhat we hesitate to speak of something 2s unjust if we cannot also correctly speak of it as wrong. And this seems to imply that justice can be defined in terms of rightealing afterall. The answer may perhaps lie in an cresting passage it Mill. He writes that in order to save a life, may not only be allowable, but a duty” 1 do something which is contary to the prnciples of justice—for example, "to steal or take by force the necessary food or medicine, oF to kidnap and compel to oficite the only qualifed medical practioner.” He Im such cases, 8 we do not call anything janice which is nota ire, we tally my not ea janice mus ive way to ome other moral pin "ple, but ehat what xj in orinary cae ey by Nesom of that eer prindple, noe js in de pareuar cae By this wsetalaeconnmedation ‘SC langunge, te character ol indeeabaity attibuted to june Lope $0. pp AO ut Hepes of i pA. 2 6. Va, “Juste: eat ail te Singha aa I recente Mil ret Ultram Ch ¥. “Here see, 6g, 0. Pies cx New York ibe ts es 1, P.3up, and we ae saved from the neceaty of maintaining that thee Delaudable inj. i ‘The point is that “just” and “unjust” seem to play a double role On the one hand, they refer to certain sorts of rightmaking co- siderations as against others; on the other hand, they have much the same force as do the more general terms “right” and “wrong” #9 much s0 that one can hardly conjoin “just” and “wrong” ot “right” and “unjust.” Its the fist of these roles whic is especially jimportant in defining the criteria of social justice, and whic i neglected by the view we have been discusing M1, Two Other Inadequate Formulae A just society cannot, then, be simply identified with one whi renders to its members what itis right that it render them. The ‘concept of justice involves only a certain set of related mor prix ‘ples or rightonaking considerations and the present problem © Atescribe, if ponuble, their characteristic features a they appl © national societies and not merely to individuals. But we mus frst consider briely anther simplistic view at which identifies 4 just society with a good-working society WhO Actions, nstittions, laws, and moral res are such as to promt the greatest possible general good. This view, which seems 10% maintained by some defenders of the socalled welfare sat, Bois tha society i unjust if and only if ts not as benecen a posh if and only if i does not produce the maxinvam balance of goed cover esl on the whole. But is such beneficence either 2 nee) for a sufcient condition of jos Mill does—between the principles of justice and the principle morality. If this distinction is made, However, and even if t# 2° lowed-—as many critics of the welfare state will not allow “0° society has an obligation to be beneficent, then such RE ‘ence, untes it falls short of a certain minimum, stil is 0 Par © Socal justice as such, ‘The question is what is required of te and whe mate if they are toe jut, not what is required if they 9 {o be good, ideal, or to have virtues other than justice And = ‘The Concept of Socal Justice 1 they must distribute goods and evils in certain ways rather than simply maximize the quantitative balance ofthe one over the ther. Mere beneficence, then, is nether required nor suficient for justice, and justice cannot be dentifed with such beneficence. ‘What then are the considerations or principles which constitute justice, and what are the identifying characteristics which relate them? Mill distinguishes between the principles of justice and such other principles of morality a generosity or beneficence. But he also lists “the various modes of action and arrangements of human slfairs which are classed as justo as unjust" and seeks to ascertain their distinguishing attributes: (Q) eis jane “to reapet, unt to volt, the Leal vghts of anyone.” 8) second te of injustice consis In taking or withholding fons any penn that to which he has 8 moral ight ieee ane ah each person sould obtain that (whether food or evi) wich he dovrves and snjurt dst be should obtain ‘Spool, be mae o wnderpoae evi, which he doesnot deserve” ee iene to break ith with anyone = oF dap point se ‘ied by our own conduct «2 icy Pimeonntcen with Junice to be paral. - Nearly allied to the idea of impartiality is that of equality In each case Mill allows that there are exceptions to the rule, cither because some other obligation of justice overrules the one in question, oF Because the person concerned forfeits by his conduct, the good he has been led t0 expect. But what have chese examples, fof justice in common? In each instance, Mill holds, there is some thing which itis right to do and which Some individual has aright to have done, “Justice implies something which it is not only right to do and wrong not to do, but which some individual person can claim from us a his moral right.” The area of justice is that in ‘which there are duties with correlative rights, and the considera- tions of justice are those which establish a duty on the one side, say society, and a right on the other, say an individual. For Mill this area includes gratitude, veracity, and so on, but not generosity ‘or benefience. 1d, pp ar.According to this common and plausible view, a society is just 5 and insofar as i¢ docs to its members that which it ought to do ‘and that which they ave right to have done for them, But it does ‘ot wholly answer our question, fori doesnot tll us by what p ciples we may identity these rights, Mills answer, of course, i the riniple of uly, but this cannot be satisfactory according to our ludertanding of the principle of wily, for then he fs identifying justice with benefcence after all. Indeed, it seems satisfactory (0 Mill himself only because fe understands the principle of wiity #8 having the maxims of impartiality and equality buil IV. Acceptable but Formal Criteria of Justice Mills mention of impartiality and equality, and the traditional ‘kepiction of justice 2s blindfolded, suggest another conception of ‘tal ue ney, hat ah went ole en similar fashion, : diferent ways, formula and 2 ile injustice isthe weatment of similar eases in Sidgwick and Perelman especially emphasize this er shol behat ae he of je, Pines ed ‘a ot jae inp Pacey ‘odin oc ai Nea a rep aes oe oat pay oa al tt ey ha ta ht he rsh om em, oe snl be eal wih Alo jee a em th rs toe who eke eyes cme fn sdlitat een te mt ga ne {0 be part of the think this which in scence eh tie er 1 Jeter: Unt va 2.08 mai a ie a 0D. 281; “tae de Juice, rae de Phlophie Pei 180). kp The Concept of Social Justice ° many of those whose ancestors did not come willingly know even now. Even if, in the spirit of what ie called “equity.” society per its exceptions to its rules, allows for extenuating circumstances, and listens to excuses—as any just society most—it may still be an unjust society. In Perelman’s terms, it may be formally just, but materially unjost. Much of this applies to what C. I. Lewis calls “the fundamental dictum of justice” or “the Law of Moral Equality” which holds that “no rule of action is right except one which is right fn all instances, and therefore right for everyone."® Te insists, correctly, that the rules of a just society must be univesalizable, but this i only a formal requirement. As Lewis himself points out, his dictum doce not delineate the content of social justice; for that, more substantive ‘ethical principles are required, plus “additional premises concerning ‘human nature and foman good.” V. Equality and Justice Justice, whether social or not, ems to have at it center the soto ohn alent of wing geod, st ‘fics opportuni, pealtin, ponshnens, privileges, role at, fd 20 on: Moreover atleast fn the cae of isibutve Jus, i scm cel inate he natn comparatie linen, In the porate wo things 4nd B, are cing sled 0 0 Intivials C and Dy to € and Bo D. Whether joc is done depends on how being given to C compare with Bs beng given toi iss Aro wa ihn ing tafe oe 2 proportion in which 4 iso B at CIs to D. Tels a requirement Both of reason and of conan thinking about juice that sn Cavs be treated similarly This meas that € and ae sir, then A and B mat be sina. Bt thin iso, then t woul apes thar jotce abo demands that © and D ave dissimilar then and 2 mus be dil, That its, juice is comparative. ‘Actually, of cours, Juri dows not Tequie tht all series nd dinates be respected i thi way. We do not regurd 8 dn dnanisof Knoleige and elation (a Sle, 1: Open Cour Fab uh Cos 04 ps ACE aay The Ground and Nature ofthe Right (New ‘York Gna Gaenty Pre 18) pp 9096.jo wet sini lcks of mod sinlry or isi one ‘Sly. weare conn only hoot human beings and posi animal Bren nthe ev of umn beng, Howes oe de tot osname fee aay o fot aisiiat eaten ery nary, We domo thik neem nj en oer things are eo dal lary wit people stent cls or distr) with people af theme oe Inc hier que forsale hn conse gl fae o linia eta iis ne bse for ieee Xen! a rain sir at on or een a et ment That teem oe pt ofthe concept a ce a Asia oir jatar wenn a ier toc diferent lenient The pin ofthe questo scl joe Sarnath mee tha snares a ference in people ane to te Yen ativriy ine bas been aly tht he ‘en snite an eres ave een taken aa beso 36 Sines soa diferene sou oe ass acto {4 0 be jou a ot all of them are eevnt Te question Which ofthe ae js orunjahing? Which of he ae ‘lean? Andi th relation between then ‘ad important to remember that not all morally justifying com {Means ar jmaking or tics, “Releran conser in mater of fie canna there be ened with “mor io nts DD. Raphael does And ic will not do to say, as Brandt ie con a eating pope equally excep Sta ween is jled by mort cesiertiony of sus TERE Be tances a a this desrpin shld Cesena: Justice it weating persons equally, exeept 38 une SERRE regu by jstmating comers” Ge, by Sete, nt meey moral nip a ual He 136 Grwouanes. Wit di emendaton she desipon Sent my SE ah in they an 3 veecton a the od tay atc The oly qutin then wether thes ples Of justice which overrule the principle of equality, Zesty and TORRE YN Piney, xx 06 9 The Concept of Socal Justice " what they are, and whether they are such as to tender the principle of equality otiore or not So far treating people equally has been equated with creating ‘them similarly oF in the same way. But suppose that society i allot ting musical instruments to C and D, and that © prefers a banjo and D a guitar. If society gives Ca banjo and D a guitar iti treat ing them aiferently yet equally. If justice is equal treatment of all ‘men, then iis treatment which is equal in thie sense ad not simply identical. Surely neither morality nor justice, however sully ard tuniversalzing they may be in the eyes of Nietache and the exisen tials, can requite such monotony a identical treatment would involve. Ie is hard to believe that even the most egalitarian theory of justice calls for complete uniformity and not merely for substan tial equality, I shal, therefore, speak in terms of equality, except when i does not matter or when I is necestry to speak in terms of similarity of treatment ‘What considerations, and especially what similarities and die similarities in people, ae just. (or unjost) making? Te i agreed that justice prescribes equals to equals and unequals 1 unequal, but what are the relevant respects in which people must be equal or tn ‘equal for treatment of them to be just or unjust? Ihave anticipated an at least partially egalitarian answer to this question, bat the classical reply of Plato, Aristotle, and their many followers was Aliferent. According to them, socal justice does not involve any ind of equal allotment to all men. justice is not linked with any quality in which men are all necesarly similar or whieh they al share by virtue of being men. Its tied to some property which men may or may not have, and which, in fact, they have in varying amounts or degree or not at al. Justice simply isthe apportionment ‘of what is t be apportioned in accordance with the amount or de- ‘ree in which the recipients poses some required feature—personal ability, desert, merit, rank, oF wealth. “This position has lately been maintained by Sir David Ross and, inconsistendy, I think, by Brunner. According to W. B. Galli, iis WD, Row The Right and the Good (Oxo: The Carenden Pre 189 vp 2; aru op. ppcharacte of “tbr” a5 aginst “soils” morality. eis howeer, nt necsanyinegtaran in eubwtancy how meat ian it umm ou © be depends on how unequal it ns ten to be inthe respect which ie takes as se Ii found them toe eq dn ths respect i would fn practice have to be egalitarian, but of ‘ove it would not be eng equality of treatment forall me, oF indeed any pair of men, as a basic requirement of justice. In this ect itinay represent the cal concep of otal jst ut 3 Gale and Vass have pointed uti hardly dows justice to he mle onc in which a Ml ist sow, qu) of eaten (00 merely the equal tetmentof equals, but the equal treatment Fall human ing ass one ofthe ba prints of jac cs however, tu, a Gali, Vlsos, and Ml ecg, thatthe ‘modern concept of social justice is complex and includes a meritarian ‘vellum atta cent It recog the dead o FOP ‘ieee per wl ste demand to pe ee seliem, which aaept the principle of equality a» basic and at et pins fae requirement of jae ay. of couse, take le ‘mpex forms. I might be held, fr example, chat justice calls for 3158 cali inthe wentnent of Cand Dyno mater wo C and ‘tained that, a ‘inequality is ever justified. Or it might be main- the neu rales re mete jl and ia 2 ut Every departure fom complete equality would the be eared beyond the ple of justice though nat beyond «aly sight or olan Such theories ace Pose aie an 47TEN simplicity, but dey limit the usa scape of Jaa Not every dept om equity ronda rue 3 LRT: fom jc, let slne trom morality. For ne thing. parare are allowed onthe ground of difeences in abi Php, Pics end S> Sh on Ye hy ri a are apa he fh bing faction The fal as Meo a tea es ee cm Sper and emer he 8 wa of peng Be The Concept of Social Juice 3 merit, or desert. Certain other departures from a director simple ‘equality, called for by differences in need, or involved in carrying ‘out agreements, covenants, contracts, and promises, are also recog nized just, and not merely a justified oF right ‘Much mote reasonable, ar well as closer to ordinary thinking, is the conception of social justice asthe equal treatment of all persons, ‘except as inequality is required by relevant—that is, just-making— ‘onserations or principle. ‘This is the view which I accepted as an ‘emendation of Brandt's It takes equality of treatment to be a basic ‘prima facie requirement of josie, but allows that it may on occe sion be overruled by other principles of justice (or by some other Kind of moral principle). This view, however, is not necesiily very egalitarian. It does bold chat all men are be teated equally and that inequalities must be justified. But it also allows that ine alites may be justified, and everything depends on the ease and the kinds of considerations by whieh they may be justified. In fact, ie tells us very litle until it giver us answers to the following ques. tions: Whar is meant by equal or similar treatment? What considera ‘dons are relevant ¢o the justicaton of inequalities or dissimilar. ties? Are there any respects in which men are actually to be treated. cqually or similarly, or is this requirement always overruled by ‘other considerations? Ate there not always differences in personality, need, desert, merit, which completely nullify the prima facie rule of equality? VI. Other Principles of Justice and Their Relation to Equality ‘The concept of social justice which prevails in our culeare has now been partly defined. According to this concept, a society is Without justice insotar as iti without rules (statues or precedent, ‘written or unvritten rules, legal and moral rues): it mus, in both ormal and informal aspect, teat similar cases similarly. 1e must ako treat human beings equally, oF it must show why—a require: tment which governs its rules at well as its acts and institutions ‘That isthe primary saiarty to be respected is that which all men,4 WiLLiAM a. FRANEENA 1 sche. But jst society must ao respect some though not allies, In peta tat respect ferences in copciin ne ad incon, deer or mei Such flere ‘ay llen mei justo teat people unequally in ertain respec, ‘thus at least qualifying the prima facie requirement of equality. But sy dies foxm trees in lode 1H nt taking. The tecgiton of expect and hed an He ‘ergion of contin and desert are not, however, the only acl of juste which may qualify the prinple of eal Tawi ae he pipe ha apeemen dul be oP ere any cher principles of social justice besides the prt ele eu, that of recognising capacity and net, an that. of ‘eeping aeenent? Ihave argued thatthe principle of benefice Trac att mail of utc, hog ea moral prince sce ent unjust not by own diet 0 ‘ogg about the jen poubl balance of good over ei It “a owen an ol abd faa view wbich accep) tha ie reaped ty oF the state to injure a citizen, to withhold a good {rm in, oto inure with hi liberty (ecepe to preven i coming a cine, o punish hm for commiting one, 0 © SG the money and other mean of cemyng out Jat fae {ou amd at this unjuteven if Scety or the wee desl swith alo cnr. Tt acento me abo that a 00 4 unjot i, by its actions, ora, ie unaeceestly nm i by it action, laws, and more, unnecesrl) i Povethi ae ‘its members materially, aesthetically, or other- Tie lin hem tos level below hat wai ome sees Soe atln by thi omnes tt ves ify ec of at jue theo car ens mae i harder co dncover wht ti i anyh ower na cleo jue as sometimes been gd, ou a8 like in that they al involve and linatlY trey hones eeeton of he equality or equal ae aoe fe prs PoNA—or ate th they do ara they jusder cond ge MCE If this could be established, the area of hich the eal ye, Sie a the aren of moral rexsning in ‘eat to the ideal of the equality of all ED The Concept of Socal Justice 6 ‘There is much to be sid for this suggetion. Raphael, for instance thas very plausibly contended that iferencer in. treatment on ‘rounds of special need may be construed as attempts to restore in ‘equalities due to natural or extraneous causes ® This would account {or the justice of giving special attention to people—for example, those who are ditabled or mentally backward—who are, for no fault of their own, at disadvantage with respect to others. More generally, it seems 25 if much, if not al, of the justice of recognizing differences in capacity, need, and vo on, might be ac counted for in terms of the ideal of equality, as follows. One of the chief considerations which not only justifies but also establishes as just diferences in the testment of human beings i the fac that the good life (not in the ease of the morally good life but in the sense, roughly, of the happy life) and its conditions are not the same for all, due to their differences in needs and potentialities. 1 fm inclined to think that itis this fact, rather than that of dif- ferences in ability, merit, and the like, which primarily justifies differences in the handling of individuals, Ie is what justifies, for ‘example, giving C a banjo, D a guitar, and £ a skincliving outfit Although ©, D, and E are treated diferent, they are not deal with ‘unequally, since their differing needs and capacities so far as these re- late to the good life are equal) considered and equally well cared fr. ‘The ideal of equality itael€ may requite certain differences of teat ‘ment, including, for example, diferences in elueation and training ‘The principle involved in this aim is independent ofthe principle of recognizing diferences in merit, but also of the principle of lily, For the differences in treatment involved are not justified simply by arguing that they are conducive to the general good life {though they may aso be justified in this way), but by arguing that they are required forthe good lives of the individuals concerned. Tt is not as if one must fist look to see how the general good is best subserved and only then can tell what qeatment of individual is just. Justice entails the pretence of equal prima facie rights prior toany consideration of general ‘Yet inequalities and diflerences in treatment are often said to be justified by their general utility. Ido not deny this, but 1 do doubt mopaisp.%hae an Be sown co be ust merely by an appeal to geneal vii. Tyan, ower fen eto be uy a seme hihi ely confcd wih that from the palpi hat ina nega the dstibution of ees evar, and senate rege er the promotion of equity ithe long tm weasel ren of cai ne gr of bung up the bigest posible balance of wellte ve ile 2 in promoting the condos for its equal diebuon, I thre free pla that tac i noe al ofthe usdcaton of fens of uncon, aswell of the recogtion alt. cor ttn meant eda ket var se ay be den sated eit band on wach an inter apeal tthe elo sly 1 ao seems plausible thatthe inteducion of incentives ino eoomic adsl stems, the relsubston, of eth preset Progressive taxation, and the reformation of the law may uatcted fa all, only by such a ine of argument, even if they 2 alae futile ater sn 2 he doer ath ume ob a requtement offs gach uted ner ofthe rnp of ui? I oe se SEM the Practice of Leping promises and fulling contracts 3 ‘eat leat pal ofan jc —by such a nite 0 [omoton of egal, tut pertape the breaking of + Ramis cn ab be cal unit on te rund ta e+ lion of epaty. "Te man whe mates promi 2 {he best prenmaly for is on iterese i noel lang ie ba ah fring hg ie oer tao he seat acicevin shor he sno. eating peo Let htt cp unmenmut sto eo eat Ark dct have bough i ser te prone = Beceel G2 Glendng thatthe retribution renore he elit) Fie at neh the injure neh al ben cea Sted tt ving let pine thin wa pas! may juny be regarded a having forfeited hit ett be ped cn ADS wither and even clin right prose wn, CUS of the reeributive theory of punishment rive that punishment ig made just, and. petaps The Concept of Socal Justice ” also obligatory, by the fact that it tends to promote the most equality in the Long rus by preventing people from infringing on the claims of others. This is a non-utilitarian line of reasoning which looks ‘not to the past, but wo the future—not to future wellte, but to fu ture equality ‘There is, then, a good deal to be said for the suggestion that the principles of justice are distinguished from other principles of moral fay by being governed by the seal of equality. Certainly the prima facie duty of treating people as equals i not rendered otioe because 140 often permits inequalities of one sort or another. Nevertheless, G-F, Hourani may not be wholly right when he say that justice i ‘equality “evident or disguised.” " ‘The claims of special desert may remain at least partially recalcitrant to sich an interpretation. But fven if Raphael's conclusion that the unequal treatment called for by special desert isa “real deviation from equality stl remain the principles of non injury impoverishment. Although the rule that a just society must provide ‘certain minimum level of welfare fr everyone may be construed 38 an offshoot ofthe rue of equality, violations of these negative prin fiples are unjust but do not necessarily entail any inequality of treatment, direct or indirect. Ia ruler were to boil his subjects in oil, jumping in atterward himelf, it would be an injustice, but there would be no inequality of treatment. ‘emigh be argue thatthe injustice involved depends on an in equality after all hecause the ruler did not permit his subjects to participate in the decision to commit national suicide. And perhaps itmight be further argued that whenever society or the state injures, interferes, or impovershes unjustly, che injustice consists in the fact that it does not provide the individuals victimized an equal share jn the process of decision-making. Then, excepting possibly the principle of recognizing desert, the principles of justice might all be claimed to ret, directly or indirectly, on the ideal of equality ‘Tehould myself welcome this conclusion, Buti seems that a so-called primitive society might be 10 bound by tradition that although all lis members had a substantially equal voice in all decisions its rales * thc Value (Ann Arbor: Univerty of Michigan Pre, 195, p86 Opt p10* wictsane &. PRANKENA might nevertheless be unnecesarly restrictive or injurious, and therefore unjust. 1 not all ofthese principles can be subsumed under equality it ‘might be argued thatthe recalitrant ones should not be regardel as ‘rinciples of justice, however valid they may be as moral principles. ‘This srkes me asa rather drastic bie of conceptual legislation ‘Though such a departure from our ordinary understanding of social junce may be desirable in the interests of neatnest, and not ob- ‘Fetionable in principle, I am inclined to think that there is @ ‘ema in rn ined to think that there is ales VIL Basic Theory of Justice Sma yer mn te a SP dcp ong ae sealing ry cot mse Y Bt the event poi of justice and ery ate the ae. The hits of der and equality are both eubwumed under the toni ee enc il nes hh we of he en ected “py tn” tough he tre mein boducer wil gt me ofthis than Bi thse were te only Tlf the cage the angel would hve seen to esate Bete ning hem ni prot st or ging om mp He wen ive the, nna Dc of ating Perens, fren the gh for ine wling oon tat of Bb pe Ford because he has the same desire to increase the happiness of inch at posible inte cman a esa Shape way of ew mie by mp Tot of coe ihre may beanie ole fom the change: he sme at fil bene haps tha (cn cont Fetng the lange Se of te pr) ay make Bwniopy, td ‘mich whe uname erm ja th sve mg De hae nes ne ye pe ey of a se aN gL ee iat lS sane ld lig a ste ig spe ng SpaEdST Se fle pres 9reat enough to outbalance his gains and even (if we allow the ‘angel some way of determining such things) 4's gains as well. This Possibility could be quite enough to disrupt totaly the angel's cak ulations. Whether oF not mp will prove blesing or a cavse will Ghnounce hat he would make himself miserable enough to oft (Me expected gains, Fortunately the situation has 4 saving feature and are moral beings. This has not been stated: but ft is Jose esend ay event tha the ore of hear Bee hatin fac am the st pron og this they ay be unwise ad mistaken, But exo, Ick of som, doe no tenis inutic. Te may be ao that she revard which Tl fo te lerre, both the honoraria andthe please 2 wil Tevet being among oldies at Swatthmoe is more dhe 1 serve. On he other hand, Tam ane se dt an provide an ‘peational definition of the concept of deer IL we all ge et ab Hale sad, “Who sould “cae whippOg?” Ama be that my total reward forgiving thi Kecure is ger tan the salon amount for which I woul! fave conte « cxme I thse, am gig what he cami as coma tenor economic surplus and hiss pri nme sense ut 20 nj su conferees with tome equanimity. Ts cleat fom the that my concep a Ice play ery small pat in making the deco came a five a lecture about i This fact demons that de image of Soci jsice isnot a univers eement in hat valuation proces Sy which men come o decisions These ate, however, ome cs in whic dhe image of vaca je ply an importa a it these which we must ienty i we ae to examine he dynamin of ciety. ‘he image of cial justice play in the 6 et Before proceeding in full cry ater these decisions in wh image of wc unice sigan or even dominant etme pase foment ook a the oe whic payed in conan by the perrption of divergences between» pereted ral aon a s fre el seat, The come of psi et fence between real and idea valves alo plas dont rl the explanation of the behavior of what have comepberetis stems, or contol systems. A thermostatic ester, for jnwane, has an ideal temperate at which es set say 70% Tc Bat 4 themameter which enables eto perceive” the aeual tempera tore Ifthe actual temperate fall below the ideal, the ste ss in motion behavior to warm things up. It the perceived aces ‘emperatue rises above the Hel, the astm ets in action behavior bic will rel in cooling things down, Thi isthe principle of homeostnis which sof uch great importance in understanding what Gannon called the “widom ofthe body.” ‘Tha principle ca aso be invoked to explain a great deal of human behavior at the Cognitive or afecive level: We Keep our friendships in repair by Ich the same proces by which we Keep a constant temperature our bodies or in the howe: ita ientsip cooling below out ie level eter, telephone call, or Christos ear may Wat up. Ia fend geting a litle oo actions and demanding there are many way inresing the vc ditanee whieh wil co she en the soil dance which wilco ‘The wisdom of the sprit of cours, consists in knowing where to tet the idea. A purely homeoratie mechani is etthin wide laalone—aute inferno where the es ace My ome thermoset will maintain s scaly temperate anywhere between fifty and eighty degrees. It is up to me to set it at he level which Ses eons the cine of ealh ia, and comforts, A we tuove toward social este, the problem of where to st the Kea ‘scones of increasing importante. There is what ay be called mncotatc apparatus within the socal sytem, which act 1 ‘Bag thgne eee pre ata and a aac, In {hs Romeo ene soil tc anes hat yo some thing aivergnce fom which is perceived and acts as a cue © The perception of divergence be perce ait ee ce etween the perceived rel TRlueand the idea! value of any important pycholgal are {Bat of any variable which is strongly relat o lity oF general {atsfacon may be labeled dcontnt. In this ene, dicontent ca be read asthe prime mover of san to ton provide ht ‘Bs image of cue and eet perma wo baieve him eapable 1% to reduce the divergence between the petetel Soil Justice im Social Dynamics ” real andthe ideal. We may notice a point here, the importance of hich will be clearer later. The divergence between the real and the ideal may be reduced by acting so as to maniptlae the rea. ‘Bu it may also be reduced by adjusting the ideal. This the way of rensmciaion —of wanting what you get, rather than geting what you want, tis traditionally associated with Eastern philosopics, and if adopted it isa powerf deterrent to rapid change. “The adjuntment of the ideal isnot of couse, necesar Siona” If activity results in a continued failure to reduce the gap between the perceived real and the ideal, person may fllow one of thee courses He may change his perception. This may be dan ‘serous ifthe perception differs much Irom something which we can al elity, baton the other hand, itis also comforting. A man may S3y that his wife really loves him in spite of that fact that she con- tinually hits him over the head with the frying pan. Modern sues of perception indicate tat what we tik of seme dara fact, 3 atrongly guided by existing beliefs and by our value stent tht we eat or mi inet ea the a tion of perception in response to homeostatic failure. Only one ‘ber, howeser for this station we do well o be supcons of and to give a least two cheers fr the second alternative, which is the readjustment of the ial. At its wort, tis can bea neteat into ‘pathy or into criminality. But somewhere along the Tine, asthe oom of youth is Knocked of vs by our contac with she work we make this kind of adjustment. The third reaction, andthe oly one for which Lam icin to ive tres ears ing 2 ne ‘course of behavior and of developing a more accurate image of ‘ause and elec Faced with homettatic fitre, the scizphrenic juts his perceptions, the weak man hauls down bit ideals a the ero puts ina new furnace and insulates the house, ‘The wis the spitie consists in the knowledge of the proper proportions ‘ofthese thre responser-the blind eye, the struck fag, and the re ewed effort, ‘Now let us retum tothe concept of discontent ‘rial juice, The cca ditintionhere—both Yew of the definition of socal justice, and abo from the point of ‘ew of is impact on the general dynamics of socety—is the di and ie relation t0 from the point of the point ofto xexwern 2. xovunive tion beens what might be called personal discontent on the one hand and pla dseontent on the other. "Theae ave dsngubibel ‘Bunty by the reactions they srw, Personal icontent iste Alvisats distin with his place In soc, created by Bis Perception of» gap between his pretntconligon win the Fame, ‘work of his scey andthe poston which he feel he might stain hough his own efor. Peronal divontent, therfore, ave te individual otek anew sation within the exiting leamenork 1: doesnot dive him wo sek to change the framework ell If he ‘is diconented with his income, he loos fora betes jb he foe night sho or he tiesto many @ rich woman If hes con fered with hit mariage, he arrange for & dvore Ihe ites the town where he ey oti he cnnot get alongwith is nigh torn he moves. Peronal diatent a the muscle which moves ‘Adin Sis iden hand Tt has profound impac onthe Byam sr of siete dimiithes one ccepaon and inereses tobe 1 fates the population of one pact an ioers that af anate. poli consequcnct of personal discontent nay be tions bu they are indirect The inva politcal coment ‘as diet poial consequences, Pla dcament i dicot 1 he tamework ofthe sore in which a man opener I may ati bese of hit inability to desl with penonal decom, He tay have failed inhi own elt to improve his pron hs ne {ob ino beter than the ol the new town sa te new wepioon Present all he od probes, his new wife ars out be aot ‘nsatsactory a8 the od one. purely ronal ive anes thse cumstances, nigh sch me fondamental mene of ae Jog penonal dicotent, such a vligion or pnchomsajes, Fang oF even after thi personal Gxontent ay Be svi framework. Hs fare to dea wi his own frequently is, an ‘motives. Political " Perions whote personal satisfac: ‘ions are of the highest, but who are observant and sensitive and Soci Justice im Social Dynamics 8 who iMenilythemseies with thse who seam tobe illtete or happy or unjsiserved bythe oiey—even tough theses say Ho feel pensonal dacotent wil ther weamen by st Jet even ih form of polteal discontent ny be sto are rom individuals personal tila’ his inbiyTo doin «penal capacity what he would ke for other Thar, Hower, as ‘uct more noble origin tan te pli dixontent whch a fu of merely persona ale to improve on own postion ‘Whatever te sourees of pola content, hr eet ae avetly sil, Te manife iell in agian fr some Mid of polite on soil ange Toe word aiation, Sul dere rom very sccuate analogy, The policy ducntntelinvidal teas it were increas the Brownian movement of sot), (0 Sir up dicomtene in others inthe hope tha the inated ove tent of lane numbers of inivdoas wl evental eftet» dunge inte acl wel which as them, Poll dane, at foes expres in organisation, eins, propaganda, pamphles and —in ie more extreme formy-amed Febelion: Al wars 1 dict ton piracy an tcbootng mst be regarded 2 Presion of poitial diconten. In some way, ce poital party {he election, the letersto te lito, he pamphlets the ech She procenions the siedowny the sin, and other fom of no Violent resance must be regard an ogaetonaly sepin Sibtute for wars The characterise of poll dontent struggle ‘The isin marhed cont to the acon to penal i Gitent whichis adjustments to which such aug a ie Sere nent iia The cance of vaca juice! because it Igy the satsacion of pessoal discontent. sums tobe ieeant (0 1 very lag tea of ol if The concept af sia joie quite fundamen howeser to pole diontent for pesab) Fp ‘en an elt sty rom hich he xsi we Pr (Seda sigue degen es hi egg bree se {Biting and the eal ste sch pei athe Iota for homeo heen ee, however. the el Sonn good del more an the conep oF juste. A ood OF thinking about war and pce atthe moment, 0 ANC, Te evant 1& Kenner x, novunine pene cere meena eld be mote pg a pe Se ea thle of table pnts Abou ae al a he cnc te ws inl mena acd a perce tn at he pon ney ea ar Kreme oem and to speak an ae wer ward tore ju ener ieee aes bea Been thc a a aia etc ei int ma be ached yng es ee Seren jt an etom Peclog sal ane sre ht td wn at my ep ae eee a ith The offen aah tat tn intaon ofthe itn i eee ic hve ta nets me Coney ete wih peace ose eee esi scl cy lenny Sen Ne elon fon ote ice a (LS de tom he se tha ple den asa got sin dnensony depen on 86 oe hae Re peo en sabe ao tovard ie ablnnen of ol poraen Bee ee scp nore aint cm pala pee fehesgeeealtanys feet Bie i eS nd ht set ut tt s al incepta pti, The ap foi ec tee esse ne Te eae et xP atone he cnt aie we eats a fat tm oe sas epee cermse ere eta atta Taste a woe ah wt nt ee en eee ee ere Sat ace fo ee ee Nay SOE ren Oo, tie tthe SA ey yell ne an ware a tone sat te my eae ea dates Se se nn owed sours tore ae a gee dome Fe came engech Ste imac. he wma et eee cas Salman Which the deserving can feast. This general principle can be tact SNE eae ate pain Fe nti wr an? pam ot Se ng ei rae eee te te ing ‘mine where this minimum shall be set. It may be set at the ut& enweru x. wourpine limit of Malthus rgor—s bare able with bread and water and so propagation. It may be wet higher with more sympathy, but alo, perhap, with le long validity ayn Speen i a8 fodependent children, Then, above whatever inimum has bee Set, the principe of vo each scrrtng to his deserts may De et mited «preva, Within thee limitations of the principle, How ver wide range of contoneny is posible, There i a amet eral conan that an nied market economy wl ive the Fdh ore than they deserve. Hence, many counties impe Pogrenive txaton deen not wih universal sucess 10 dF Ininshthe divergence in income letncen the rich and the por The {etal schedele of txaion in any counay and the tat at wich iC progeses seem to depend! largely on hora accent. Thee is no eeaty ideal ta thee, and there is a sutng tendeny for Almost any schedule, once xan, ro. penis. ‘There may be olical discontent with exsting schedule, especially among the smembers within the upper braces, tt Hse to be very a0 ‘rate this discontent into poll action and into esate rel, The agitation to limit tox rates inthe Unite States 10 25 Per cent of income, for instance ha achieved nothing, Ht 3 hard to ie the poor and the middle class wl ike up the ‘jority feel a great deal of sympathy for the worries of the ih ann hence the ich in democratic vey have lle pole Caring pne lta dacontent is, then, a powerful agent of socal change Je nded, he principal agent of what might be elle mans socal chung, in which the cour of soit is dlibertly directed ‘ovatd a seliconscios end. The dynamic of «society cannot Be understood without reference othe prevailing images a 8 Pic fore Ati he a of ah iva Hwee th imate of Be ture may not be realized even though they are an important element in determining i. Ths a even more eve in the ese of social dyamis than it sin the dynamics of individual behavior We no go anvwee ne we hve att ad hat ‘wren onthe ticket determines where we wil go But in sect) ¥en mre than in the ete ofthe individ wha is tenon he {ick isnot necnrly where we end ups the ltene fresh Social Justice in Sociat Dymamics 8 yams of society often confound even the exit plans of the polly discontented: ‘Ths, the Ghat image of hesvely [Englom has beled to onanse good many earthly sxe which have ot in thetelves borne nich resemblance to Zion. Similar ‘he communi tage of a cla naety hs i fac, ented ttaltaran and high sated dicate. The Mormon vision fs community of later day sins edt the etabishnent of the Stote af Utah, which maining a level re and dere com Psble to other lew proeily views communi. That pave of police content which rela to Kas of socal jie sometines a ery portant gen of acl change, Sn omeimes mot A sry portant problem in the theory of ‘oc dynamies isto determine Ge crewnstanes under wich Shcontent takes a personal rater than oll fom and hoe tinder which pote sontent apie fcr soil juste rather than onder growth orem, Test ay psig probles hte. I cannot be aud, fr inane, unt jx Doe Pole tre poor they wl be doeened, eter pesnaly av poi Hsory records the exten of tany peoples whowe ery and xploaion have Been deploraly sable and who have nt gen $y expression of penal pita dacontent One might venture on the propstion tat there's very ile dentent Below a ertin Ie of pee ipl ban pl a ae he ney Astin their ft and ierely gout an exten fom 3 0 day on their meager resources Ave tis Tevet may ae a age Improvement in eandions to danish discontent agai Title improvement ony rae the apes for ore. Anatber Bypaest tht any wonening of condos wil rene dacontent even i People ar ity well ostat with The individual comes think "hat he mers what he scat ence any worsening of i tention Hero thes to selec A uted By pothesis may then be formulated: shes wo or sled maceration cpm ‘A nd hypodtesi hat content, once generated cm take ‘ther a persoual or a politcal fori, depending upon the oppor Came and canes of succes, Ju 2 rally advancing soe) 0 ‘ich invents cay with le er easly pats ineneral welt, most discontent will be personal and will expres self n efforts on the pat of the iniviial to advance his position within the exng socal fFamework. A society, on the other hand, hich i siagnant or declining wll be likely to generate political di conten, forthe individual who atempes to solve his problems Dy purely perional means will be met with considerable lack of se ev. This wil upset his seltesteem which can only be rexored by aching the seal framework ‘A fourth closely related hypothesis is tha if the individual of 4 society perceive thar political change within ic is easy, whether this isin face so or not, the dicontent wil be likely to tae a more penonal form, Ths in democracies pial discontent Is ikelyt0 tbe mild, wherein totalitarian or autocratic societies the very suppresion of politcal activity leads to an intensification of po Tiel discontent Politica discontent peshaps can be subdivided further int revo lutionary discontent and constitutional discontent. Constitutional content expres ive asthe name impli, within the consti tion ofthe society: it may sec to effect a change in personnel of @ chang in pany, but nota change in the exental polite! st. 1 lscontent cannot be exprened on Prened in revolutionary ways Revolutionary dicontentdespais of Mequate political change within the existing constitution of soviet as terefore, sets out to change the constitution ill. The degree of intensity of politcal discontent i important als: mild political ay eee Mac tls rd and ungenerows doce, Dut £5 Um (Gently tre Ina ey eae je someting tt uit tr, Only te poe cme ich cn soi Sav inno meaning be exabed. Bat 8 m0 po sents Cattle of preset tarbson, Buta mater of eet purigp i het oganation a poy of «high level Toe sem 0h ht aai sia josie, et me ad word in tr defense ‘There are process in te development of 2 tec whch nye seledetenuing bea hey we the ee Sa pak pat empl the tp of sone SP. tenn Qt toe the Cato reolton. Although trae he peeps nce of Cua above tae of any oe Lan Ae em deoped il Bee Hae ee nse Ct sc jet 50 any peopl. The berets of develo en wc eaj iy sou wen per et of he pol te et Ben Tet it ad osm cae oven wen ceva intent. wi tier more favorable cewmsance might bev fund pal Chances cmon wa ebaeled io pres ptt tomato the aa he psn who ct OF SO PFS ttn for sanceene in chase mn Ea of He Seca synapsin fo be aen wee he nd very ferent dynamic which has rested om che Fol Sinn fot nee prblem of enone ope si the problem awl joe. fe Ee ent an proces of ror Hi va a ean con fst ele Tere 2 Sa honerc ay pont f economic enelopment + which oY Faro he sary an teen eared At ths ogi cine eld tga af acme bees te waco Fern ne une par ofthe como, Se oma hans Sobepoc a he expense of oi use tay bec om wo ne cday inte eect CN Fee ae che coumery wos probably MOE OREEee ee eee eee SaaS anne anna nanan a eet Eee eee eee than four or ive times the per capita income of the poorest; now, the per capita income of the vichest country is about forty times the per capita income of the poorest. This is not the result of ex piloitation but because of different rates of growth, When this dis Party occurs within a society, it creates considerable strains within the social framework. The poor will inevitably become more dis ‘contented as hey observe the increasing riches of the rich. If this discontent can express ivelf in personal terms and the proces of evelopment is such that the [poor can better their condition ‘hough individual efort, polities! upheaval may be avoided. Thit vas the pattem in Britain and che United States, It is also the pattern in Rusia, where the Communists were able to persuade the ‘working class to accept a sharp reduction of real income over 2 Period of more than twenty years. This can happen only if the society can develop an ideology which prevents the poor from being alienated. If the poor are alienated, they will eventually over ‘throw the rich. This may bring the whole process of development to an end—as it sem to have done, for instance, in Mayan civiliza: tion. If the poor are lel by the middlecass, however, the proces ‘of development could easily continue under new social forms ‘These considerations underline the close relationship ewween the two concepts of social justice: disalienaion and equality, Equal: ity is a luxury of rich societies. If poor societies are to maintain any Kind of peak achievement or eiviization, they simply cannot alford it. Without sharp inequalities, we woud not have had the Parthenon or the cathedrals or the great cultural achievements of ‘any of the past civilizations. With the coming of the grest revolu: tion and what I have called. postcivilization, however, equality becomes feasible as a social ideal. Equality, that fs, is one of the fruits of development. On the other hand, if there is. aliens tion, the inequality which inevitably develops in the process of Alevelopment may arrest that development through politcal dis ‘content, Social justice, therefore, is nota simple and a single ideal ‘of society, but is an essential part of a great complex. of socal ‘dhange for which some things may have to be sacrificed at times and which ivelt in turn, may need at other times to be sacrificed for greater goods, Social Justice and the Law PAUL A. FREUND ‘The meaning of “justice,” linguistic philosophers would isis is tobe found in ndinary sae, and nary wage to be fund Ine Oxford Engluh Dictionary. The OED. i em he ED. T have had some misgivings about the uses and usages of Sines but once ne aot te bel ancl of meaning, perhaps it may be taken, at any rate, a4 the more "est members ofthe Linguistic school suggest, asthe beginall Washington, where so many social conceras are focused, i led wih ies sociated with a varity of human vocations agricul ture (farmer), commerce (busines), defense (and, 3, and ait fore), labor (wagecearners), justice Cawyers). This survey of or ‘inary usage i fattering Co the legal profesion, bat 1 raies & Seton: is justice then the concer solely of lawyer? ‘This identification reflects a popula fallacy, or rather a double fallacy: that the pursute of justice i a responsibility of = ro: ‘clas, and that itis centered on the pres of tal and Adjudication, Yet surely the suffragettes who campaigned for the women's right to vote were in as sincere » pursuit of justice 8 the Inds who denied the ight them, The utes Be ue ee pensing justice as long as they denied the vote to ladies Repblictn and Demowratc person ale; bu the stg ‘ee king juice in another and broader ese, and in another »III O'SUIWASSS Sa oe PavL AL FREUND From one standpoint, justice is seen in the opposed aspects of individval and socal justice. The individual voter may be trate juny ifthe existing rules are applied to him impartially, but the rules themselves may be inequitable and herefore unjust. This is the familiar dichotomy between internal and external standards ‘between honor among thieves and the dishonor of thievery. From the standpoint ofits relation to la, justice is viewed in one aspect 48 the canon governing the judge in applying existential rues, and in another aspect, asthe canon governing the legislator in altering the rules. The judge addresses himself to standards of consistency, ‘equivalence, predicability, the legislator to fair shares, social utility, and equitable dstibation. 1 this isthe analysis of justice in relation to law that is afforded by selteonscious ordinary tage, it stands in need of critical review. In particular, the distinction between individual and social justice. and between the judicial and the legislative fonction, must be ex amined from within the working proces of the la. u mein om the wal ofthe Hana La Sea rary taken from Juninian’s Intitves reads: “The precepts the are thee: To lve honorably, otto injure anther, to render #0 tach his due” fonete vive, non alienum lacie, swum cue truer) she last precept the ony obligation referable to juste? Are the duties of got faith and due care legtimate enceras of Jaw in society but not exactly of juste? Tsugestnstead that each othe precepts ought to be eamprekended in justice, that each i fm aspect ofa mote general orion ‘What is this more general notion? Profesor VIastos ha sd that, justice implies an allocation according to wort, or need, or merit contrat. The ast cxtrion i interesting: why contrac Suppose tha I offer reward of one hundred dollars for the return of & lost ring, of much lew intinsie worth But of peat sentimental valve to'me, and tis returned the nextday I the Soil Justice ond the Law 5 finer ented tothe hundred dolla? He i conferring a bene sm me which Ihave wonght and which Ihave publicly vale at tne hundred dollars. ut suppose that, completly unaware ofthe ter be was moved by innate honesty o trace the Ownership ofthe ting an rear ie. May Teal refi 10 pay the reward? Many cours would say so, an ha to disagree. That element lahing which makes promise binding: another egimate expe ton thatthe promise willbe performed, an expectation wally ‘viene by reliance onthe promise Genta Maitand smenere remarked, she greed of legal cscs The law iv addicted vo the devie of fing “impli” gach away ot of novel pobems and of smi en Slone~such a tht of publicity and castomer—t » contrat fall The remon, I belive, is thatthe concep of contracts Feraligm cae of juice viewed ay the station of resonable ‘2pecatons. ‘The coordinate categorie of legal abligations—prop- {9 and tore—ate alo anlyable in thee tems, ot contract hat Sou common eament cyto the src ory ofthe Taw of contract bests ost this analyst In fay Roman lw there was no generalized conception of enact Ablation aro from certain formal acts and ior certain special ‘einen such a loans, pledge and partnerships A mote fe {flied novon proce te soa innominate contac. either 4 etvey of «thing in expectation of coterperormance (20 4s owt facia oF will more broly the performance of $0 act in expectation of eoumterperformance aio at der fact ut ai) Lea action to secure rete for each ofthese fnominate con acu was grounde om the dy of go faith and, if necesy, east might be hal to an action of dol (oughly, “for deceit) ns the elements ofthe Hea of contact were drawn from both pe ad ah aw, while quite independent an markedly diferent in desi bears interesting resemblances Until the eenth century ies of contract was limite tothe formal covenant under ss ‘senvialy to an obligation to restore axed sn which had eid and was being withel. The later obligation 33 Shrough the action ‘of deb. in which the defendant wasREE SIS :'=COSs =Car * PAE A. ERIN eee orc oe ee a era aera eer ote es eli ers a nF ee ee en oe oa aca a ae ee cot ee ee ae ee Bet eee ree Peeper ep iepret opochop peepee Eyes Sen eee ee eee eet Papeperey enter trp cena ee ee soc spond on Genoa a in the prow of bom ec bit boundaries: it is to be differentiated, ‘on the ‘one hand, from gen- Sy ee eee ne ee Sear ogee cents ee (Oxford, 2 ed Ho), sam, W. W. ck Pea ee aw (Cambri, Wh, Sib Se or the Rogan dextiopment oe Gl HS Filo ‘story and sows of the Common Let Lando, ey Socal Justice and the Law a ‘dusical and an Elizabethan view of justice that Shakespeare ad vanced in Troilus and Gresida ‘Observe degre, priority and ple, Insistre cour, proportion saxon for, (Otic sn eum, inal ine of order Oxmen degre isshahed, “Which the ladder fal high designs ‘The enterprise is sick! Force shouldbe right; or rater, right and wrong, Between whot end jar jae ride, ‘Should lowe ther mame, and s0 soul justice 00. The symbot of the scales reflects the association of justice with the adjudication of adverse elas, and the proces of rendering jumice may be so depicted. Why not, then, reduce the fulfillment ot renonable expectations to the allocation of benehis or burdens qualy according to the measure of need oF merit, or worth? But ‘hisanayis seems to drain the proces of the vitaliey and richness {ht wie and its produce meaning in an operational sense. The atemaive itera of equality ae themselves in conic; even when ene has Ben selected, competing aime under it mst be subjected Wa degree of generalization, a0 that the principle of the de Con may be expremel 34 an etic maximy of universal condct (© we @ Kantian concept hich ix necesally icondsive in the Yel of practical judge), The immediate aimants have to be {ihe other word, a member of aes whose contours 8 to means selteviden. Moreover, even when such clase have teen tentatively constructed for purpose of asessng the claims of the immediate paris, it may be found that a decision allocating Senet and burdens will produce consequences for and alc che motivations of il her groupings, and the validity and su seny f the clases as originally constructed may be opened. 10 Swetion, And Sina all of this is bound t0 be done by one oF ‘other form of human arbiter who should be mindful of bis stationHERE EH Eee EE ECE Eee Ee eee CREE eee She et peepee rere ee Cee eer Sere er eee Eee ee eee eee eee Hee eee eee H * aon A. rans and Sins temmimic earjoen wees tad latitude in determining wheter to protect te He pote Oot Se cle aes ena 6S SPR a weep sisi ans “tenance Social Justice and the Lass ofthe Asodited Prat an would requ relation and spe Shion eis ts and servi ye en Josue Beane es Sain thoowllge tat he cou Wee mt equpyed ot th Ln 9 tat anda no ucive om Congres ona om it Hs ulin contson wana te Cur toad lee the Pars where found then, oti ding joc y have a jou a al “Terese ce inert elements inte ca, Ents cece juice om te santo ofthe Acted Pro a Situ jones ent ple of ew af he members tthe INS (ith ave my pecs and wha te mesure of ur on) Secon communi the ine othe veting pe wiley Sifd’spd ual tess to norman. bo ey Melton tna are ei nga comers he dato lt wier_ ‘quan Tht, athe: the provera pec ox ston (ny judge and wh ar the proper fens o se Tac) cle ck cach te Sets oagh de mei stig problems tows, ‘july: che mess of equivalence or propornaiy. The proton bv dermine he rcrnt per op to apt 2 le arash eer eye o proportional s Cooter wha may at ist apea to bea pe problem fea ig. equine hat branng neers alt fe tite 1 Yet parce “qa tie” he mci of tie But wat foci sig? beeen the, Repl and. Demo Paris tay beaten etal nl qu, he sme nme Othown and ar ns of day But wha a spite arn Soci er Se Right ‘let hee poues suggest shame. Thre may be Loa equaiy i whieh he grap nit coe me ter te relevant menor: Or, these tay be proportional eq ‘Allotment according to size might be deemed an equal allo Sn cnting seven: aves ay be Sl au omuticaon the very pant at we, Or there may Be roporina eqalty inves ose, ging te smaller parBEER Eee Eee Eee Ce eee Bee Cee eee ret eee reece eee rr eee ee eee eee Eee eee eee eee eee cerrespodingy more time. This vew might be deemed an alloc Son proportionate wo neei—but whowe eed? Suc an allocation ‘ould diminish che tne aaa forthe major parti Tesi he tof the eectorate ho are in all probability going to coo cence Republican and Democrat le informed then ey would be under elther af the fist two asuions. ‘Their eel come Quen lew sts, Moreover, this slaion tpn a cice In favor of novation over ado, the proven ovr the fan iar rational but disputable psn. There might sey post Be ite ec, sch athe tla of small po ho sequen for Presidential and lagtative lari, td for the eticacy of the very procedutesintrumental an aching sal jie through governmental ston Al ehes factow are present inthe problem of a just soluion f+ question phras inital in verms ily of equality. To rule use eles a not pring to jie batt some oe eles Isle deni’ claim that he has aca for ppvthea wh wl ‘ncdenally parle te jane All thee soltions ae within the spectrum of justice, while some cxhers would be clearly outside; for example, a alloc aon Sona fide pti parties on the bas of the merit a tel es and platforms Alkhough meri ay be a eiteron of jst alloration, iC not the busine of goterment to apperie ar conta the Pola es ofthe cizery tthe buss of the ete) 10 Appraise ao control the politi programm of the goverment 1 i lar then that an anal of ely lens to anadration ot ‘uaity in relation to wider community at aly to cml ‘ain of the problem of author Consier another example, ah actual cue in tigation Railway Labor Act autores tion shop contracts and et 8 assume) permits contributions by the union for local. politcal ‘causes. Certain dissident members of the union object to having ther does appropriated to poieal cuss or ean, Noto {her own enol choice. Thi consovery bers carious fe semblance to the INS case. The union, like the Associated Press, ‘aloiins dat it may justly proter ill and ts meses ag ‘lates oF parses offre rider, and tha telnet which the Social Justice and the Law wo ‘inion promotes are common interests, for which all. members should pay equal shares. In one respect indeed the union has Stronger case than the AP: it is an open union, to which all em ployee have access on payment of dues, But in another respec the dissident members have a stronger claim than the INS, for they ‘aie the question of political equality. Who are their peers? AS ‘economic men, perhaps, all the members may be deemed equal; but as politcal men they are not to be equated indiscriminately With their fellow workers ofthe dominant persvasion, The dissent ‘embers, in order to restore their political autonomy, are obliged ‘0 pay out of a second pocket to offset the invidious contributions ‘hanneled through their union es, How can this conflict of two kinds of equality be resolved? Is politcal equality always the more fundamental? This is the phils phy, broadly speaking, of other labor and corporate legislation of Congress in relation to Federal elections. But is it the only just ‘olution? Afterall, the common economic aims are hard to divorce from their realization through the political process. Moreover, the Aisident employees are not forbidden to vote, to campaign, and {© spend additionally as they may individually choose, Perhaps justice requires only that the union management show a genuine feonomie: purpose in support of its politcal expenditures, and ‘maintain open procedures for electing and instructing union man: agement, ‘Under this analysis, then, the question of equality resolves itself into the appropriate group-categorization of the complainants: 38 ‘members of a representative guild ot as fully astonomous political ities ‘The problem arises in a lawsuit, and the claim of the Dlaintifs rests on the unconstitutionality of an Act of Congress. ‘The ultimate issue may thus become one of authority. If the legis lature has taken a reasonable position and the impairment of First ‘Amendment freedoms is oblique at best, a court might resolve the ‘sue on the bass of is own limited function in reviewing the val- itiey of legislation eae has now teen decide, bt on grounds of aan entruction the uty atthe cout veaching the costutional se. Iemma oe Mchins svc, Us, Sapene Gout Jone 1,1Community: the intereation of individual juste and sci jtceo rather, she aspect of justice which mas it til tnd uratsactry to coder indvidal justice apert from the interes of larger groupn, and the mon relevant grouping: At Iinimum he individ idly nvlned ought to be eal ‘member of clases, nteogition a the principe of oneal or generality which pervade the chil concept of juste. But mote broadly, there i the question how exteive sould be the inquiry ito the interes of wider groups and communis. ee isaays the question In oter wordy, o he defmion of te ele vant oie whether the immediate problem be that of soled individual ovo justice Conse a simple cen the law of conuact 4 promi © deliver o-B ‘one thowand Dothels of wheat in six movie at oe dalla per bushel. The market price ies atthe du date i ote dollar and ity cents and no delivery it made: waite, and ae another sc mony, wien the make price hay ead wo dll he bring ai is cain for one thousand dlls, the deren Between what he ape to pay ahd what the het is now wor or wl et hi. The ci seems contnant wih dy a Sckeepng on a princile of guid pro quo Dos the, rene the one thonand dolar? He" does noc he rere ie hue dollar Although Bis holy the innocent partys he had ‘0 minimis the wrongar’s damages by purchasing pom om dates, the incre oan ent, non wasel s sree and reciprocity, eee Fo amore drama an cml problem of commen, se that an woerdeylpecouty expropriated holdings and dedine to pay the swnery the markt wale othe Broperty en, Suppose tat no dine dra Dewees 2nd native land ove thatthe leat lw protest compe sont ier a Sppon futher thatthe peruse opm ‘oe the land for x me uta locaton of natural ese 000g i ndigen poputation. ‘The tiieance of thee vaio oh the theme of equal is brought cut in an exchange of men ‘ween the governments of Mexico and the United States in 1988 Social Janice and the Lae 1 ‘over the expropriation of Mexican land owned by Americans. The Mexican Minister of Foreign Affairs wrote tothe Secretary of State: 1 wi to draw your attention very specially to the fact chat the agra fan reform fs nat only one of the pects of program of soil bette ment atanpeed by a government ot 2 polit grovp for the purpose of tng ott new dortrines, but so gonstittas the flsling of the ‘mow important of the demands of the Mexican people, who, in the Revolutionary struggle for the purpose of abuaning Te sacrieed dhe ‘wey lives of tht ons The politcal soil, and economic sbley and the peace of Mexico depen om the land being placed anew in the Inns of the counteypeope who work i 4 tanaormation of de cou ty that sto nay, the fre of the atlon, could not be halted by the inpossility of paying immediately the valve ofthe properties belong. ing toa small meter of foreigners who sek only Herave end 4% hasbeen stated bone, there does not exist i merntinal La any principle universally accepted by countten aor by the writers of [eaes on this subject, that would render oblignony the giving of ete compensation fr expropriation of »geteal oF iperonal ‘The Secretary of State of the United States replied: ‘There is now announced by your government the astonishing theory that this Measured and cherthed principle of equality deigned 12 ‘tet both human and propery fghty ito be dnvoked, notin the [otection of personal rights and bers, but 2 chet pron of Akepriving and Sseipping indivdvals oftheir conceded rights ct fended, a wordy tat ics whlyjusufable to deprive am individ of his righ ital ther penons are equally depeved, and if uo victim Isalowe to expe the Secretary had been a loca, he might simply have said flat equality isa necessary but nota sufcient condition of justice real question, however, had shifted from equality 19 com ‘unity—to whether the clits were to be measure by the stand- jis and expectations of the local group, oF whether there iam inrntional community whose ntfs and standard ae levent and even decisive, sais S619 H Has Deus worth, Diet of International Law (Washington, re Piting tet i, pp 6 0104 Pave A: PRUNE ‘A related problem is found in the claims of the American Indians for compensation for the taking of their lands. Between 1863 and 1046 these claims were cognizable only through special acs of Congress conferring juriviction on the Court of Claims to bear pparccular grievances. By an act of 1946 Congres established an Indian Claims Commission, with the duty to hear and determine all claims growing out of the uncompensated taking of Indian Property or the violation of Indian treaties with the Federal Gov- ‘ernment. This isa passage of President ‘Truman's statement mae in connection with the signing of the bill ‘This bil mates perfectly clear what many men and women, here and cad, hive fai to recognize, that in our tanuaetions with the Indian wibes we have at eat since the Northwest Ordinance of 1787 ‘et for ours the sundad of far nd honorable dealing. PSE respect fr all Indian property right Istend of condsating Ind lands we have purchated Irom the titer that once owned this cot Hineat more than 80% of eur pulble domain, paying them appt ‘mately $800000000 in the: proton. It would bea mire if He ‘ous of thee dealinge—the Ings real cate tanuacton in ior— ye Had not made we misubes and oecionaly fled to Ute wp © the precie tems of ur tates and agreements th soe 200 win. acne wand ready to sabmit al sch tomtsoveris to the joe of parc eibunals We stand ready og correct any mistakes we have wader 4m the voluminous Ttigation following upon the act, probably the leading cae is the claim ofthe Indians of California, fm high liability has been established for 75,000,000 acres, comprising thre=- fourths ofthe sate, at values measured as of 1851, In similar earlier Proceedings, values were taken between forty cents and one dollar and twenty-five cents per acre, owed to some $7,000 Indian caine ants. Liability has been established forall of Kansas and forty Pet ‘ent of Nebraska, and for much of Indiana,* Who ate to be deemed the beneficiaries ofthese judgment? 120% p30 Foe Sectpound ot a8 Aa typi Heng eee oe Emmi or a eo he New Yor Time, Aug Hi 109, p 9d May 3 wid, saris toa 19,9 Fd May 3, ED, p 1205 Soil Justice and the Law 105 “The question is one of communiy. The victims of the failures ofthe Government are long since dead, Who are the igh sc enor to their claims—ieir descendants at Tamils or a indivi Maly othe tribe as @ unit, or perhaps che American Indians 3s ‘single group? In face the recoveries have inure to the ibe, whose council ay determine thee father dsrbution, In one representa tne ese the Mountain Utes Colorado, colle $7,200000 alter stcen years of itigation in the Cour of Claims The tribal council Akcided that hal fit should go in inva grants of vee thos tand dolla per capt, the other Hall to go to te tribe forthe expenses of cation, health, erigaion, and the beying of new lands relevant factor i the fleet of such judgments on the liteliood of emancipation trom tial sit. So ong a+ tse 7 coverie ate posible, member of the tibe may well be inclined to remain within the community to be bene This in turn wou! forestall the development of thet individual autonomy and thei imegraton with eqeal legal satus ino the larger community. Ad 40 what att seemed 4 question of equivalence, of corrective jus 8c, involving 4 determination ofthe appropriate gtoup to which retiuon isd, takes onthe problems of community: how does ‘ch a grouping allect other aspects of equality in ther RrOUpINS cal oF potensal? Avery diferent contest may aio be explored: the fee exercise tragion in seca sate few sates ofthe Usion prove by lw that in adoption proceedings the child shall, x fara practice 3, be placed with adopting evens of the same religion as tht the childs sucha law consonant with soca sie? In terms ‘equality, penta adpeers of dierent faith wil argue that they ate disrinated against for-no ald exon, in relation (0 Adopters who share the child's impute religion. On the other hand the hutch will maintain tats rlls eught not to be depleted by the intervention of these in the form of aoption proceedings: he Felevantdanes to he compared, the angoment will Tun, are the church rolls with and without adoption, or peshaps the rolls of ‘% faiths before ant after adoption. Ifthe colic silts tthe "hid December 2156, p10.06 AULA. PRRUND question of he childs well, ima ses of clasification appt “The potential parents wil auc thatthe child shouldnt be ramaged in relation 10 children born ito. another religos foups the church may counter tha the most nportant ele 2 chil’ welfare i pra, hat the mow relevant group i The

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