JUSTICE

Justice is considered as thearchitectonic idea of Pol theory from Plato to Amratya Sen

The subtitle of the Republic by Plato was Concerning Justice.

Though there is a consensus that justice is the foundational principle but there is a lack of
consensus regarding what constitutes justice

John Rawls

 A Theory of Justice
 Political Liberalism
 Inspired by Kant - Human dignity
 Criticism of Utilitarian principles compromise human dignity and justify exploitation
for GG of GN
 Justice is the first virtue of any social insti as truth is the first virtue of any system of
thought
 Principles of justice have to be based in the inviolability of human dignity
 Deontological

Political liberalism

 Comprehensive doctrines
 Reasonable plurality
 Overlapping consensus, diff. from modus vivendi.
 ToJ as Fairness applicable in Political sphere
 Political conception of Justice

Comparison with first work

 Way of life vs. way of political life

 Personal life vs. political life
 Perfect congruence vs. overlapping consensus

Overarching idea vs. free standing idea of justice.

Rawls produced 2 principles

 Liberty (Max Equal Liberty)

 Equality
o Eq of opp
o Difference principle
o Rawls theory of democratic equality.

Rawls - Justice as fairness

Balance b/w

 Merit
  Desert - Liberty
 Dignity

Difference principle

Departure from equal distribution of primary goods to bring the greatest benefit to the least
advantaged

Criticism of Difference principle by Libertarians

 Departure from equal distribution of primary goods to bring the greatest benefit to the
least advantaged
 Focuses on formal defn of Liberty and insist on minimum role of state
 Social liberals like
o Dowrkin - resource egalitarianism
o A. Sen - Capacity building to ensure a level playing felid
 Protective discrimination does not violate principles of justice rather supplements it.

Nozick

 Ppl should be held responsible for their choices

 Criticises welfare state

Hayek

 Progressive taxation as road to serfdom

Rawls balances - Desert, merit, need

Above 2 scholars

Protective discrimination against - desert and merit

Protective discrimination does not violate the Justice as fairness, as it is a substantive theory
and not procedural like utilitarian or libertarian

Society is like a chain - even the weakest link is important

Women - Differentiated citizenship

Minorities - Will Kym - Special rights

NALSA - Transgender as 3rd gender

Global Justice - Book - Law of Peoples

 Original position at global level with the representative of diff countries participating
 Veil of Ignorance - wouldn’t know who they are representing - remove bias
 Fair and just rules
 Decrease chances of war, following treaties
  Realistic Utopia
 Similar to ideas of Hedley Bull

Criticism

Will kymlika- states would prefer the good of the community over the abstract rights of
foreigners

Feminists- representatives of countries - does not mention women specifically

Relationship b/w Justice, Equality and Liberty

 Liberals - Nozick
o Justice as Liberty and equality of Opportunity
o Liberty and equality as antithetical
o Minimal state
o Social justice as a mirage
 Marxists
o Justice as Equality of outcomes
o Freedom and Equality as similar
 Social Liberals
o Rawls - Justice as Fairness
o Principles of justice
 Max equal Liberty
 Equality
 in Lexical Order
 Level playing field
o Sen - Development as freedom
 Capacity building
o Dworkin - resource egalitarianism
 Remains contested
o Rawls theory is nearer to the idea of justice given in Indian Constitution.

Alastair MacIntyre (“After Virtue”)

Michael Sandel

Michael Walzer

Amartya Sen conception of justice (Book ->Idea of Justice)

o NITI (institutions and procedure focussed approach); NYAY (realization

focussed approach)
o NITI- deontological (Rawl’s theory); NYAY- teleological and consequential.
o Rational choice (based on abstract individuals) vs. social choice (based on real
situations).
o Reference of Krishna (deontological) and Arjun (consequential)
 Arjun’s position would have resulted in less sorrow.
o Justice -> happiness -> ends we achieve, not institutions we create.
o No universal principles possible ->story of 3 children with flute.
o Democracy/public reasoning to be central theme of justice.
 Bengal famine occurred as there was no functional democracy.
 Government was not accountable.
o Buddha -> purpose is to minimize suffering rather than perfecting the idea of
justice.
o Book ->Argumentative Indian
 Democracy is not the gift of west.
 India has tradition of public reasoning and argumentative heterodox
culture.
 Ashoka and Akbar
 “Non-parochialism is a requirement of justice”- Adam Smith
 “Injustice anywhere is a threat to justice everywhere”- Martin Luther
King.
o Criticism: PratapBhanu Mehta -> Sen’s work is under-theorization.
 We cannot ignore institutions, otherwise anarchy