AMARTYA SEN’S IDEA OF JUSTICE

- A broader understanding of justice that goes beyond distribution and fairness

- It emphasizes the importance of capabilities, freedoms, and the functioning of institutions
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CRITIQUE OF UTILITARIANISM + RAWLS' THEORY OF JUSTICE (AKA CONVENTIONAL THEORIES)

 REASON: Sen contends that these approaches fail to capture the complex realities of human lives and the functioning
of societies
 Utilitarianism’s exclusive focus on aggregate happiness overlooks the potential violation of individuals’ rights
 Rawls’ theory primarily concentrates on fair distribution without considering individuals’ capabilities and freedoms.
 need for a more comprehensive understanding of justice that incorporates both material and non-material aspects.


INSTITUTIONS AND PERSONS

 Institutions have a crucial role in achieving justice; by scrutinizing and improving the functioning of institutions, society
can move closer to achieving justice for all
 The quality of education, healthcare systems, governance, and access to justice directly impact individuals’ capabilities
and freedoms. Hence, by looking at institutions, we can identify areas where justice is compromised and work towards
rectifying systemic flaws.
 Different analysis of Institutions:
(a) Governance and Regulation – Institutions establish the legal and regulatory frameworks that shape behavior,
protect property rights, enforce contracts, and ensure the provision of public goods and services.
(b) Economic Performance – Institutions that support market competition, protect property rights, ensure the rule of
law, and facilitate contract enforcement create an enabling environment for economic growth and investment.
 Well-functioning institutions  promote entrepreneurship, innovation, and efficient resource allocation
 Weak or corrupt institutions  hinder economic development and perpetuate inequalities.
(c) Social Norms and Behavior – Institutions can reinforce social norms, such as those related to family, gender roles,
or religious practices, and can also evolve and change over time in response to societal shifts.
(d) Power and Distribution – Institutions can either contribute to inclusive and equitable outcomes or reinforce existing
inequalities.
(e) Social Change and Adaptation – Institutions can act as barriers to change by resisting new ideas, innovations, or
social movements. But they can also be agents of change when they adapt to evolving social, economic, or
technological conditions. The change may be abrupt or slow and incremental.

HAPPINESS, WELL-BEING AND CAPABILITIES

 REALIZATION-FOCUSED APPROACH – this approach considers the actual achievements and capabilities of people
within a society, considering factors such as education, healthcare, political freedoms, and social well-being.
 CAPABILITIES APPROACH
o shifts the focus from simply measuring people’s access to resources and goods to examining what
individuals are actually able to do and be.
o It presupposes that individuals have a set of fundamental capabilities or functioning. These capabilities can
include basic functions such as being adequately nourished, having access to healthcare, being educated,
being able to participate in political processes, having the freedom to express oneself, and enjoying social
relationships.
  For example, a person’s capability to access education might be influenced by factors such as gender norms, poverty,
or discriminatory practices.
 IMPLICATIONS FOR POLICYMAKING:
o It emphasizes the importance of expanding people’s opportunities and freedoms by addressing the barriers
that prevent them from achieving their capabilities
o Policies should focus on enhancing education, healthcare, social protection, gender equality, and other
factors that contribute to individuals’ well-being.
o It also calls for a participatory and inclusive approach, where individuals and communities are actively
involved in defining their own capabilities and shaping policies that affect their lives.
 Sen argues that enhancing people’s capabilities and expanding their opportunities should be central goals for a just
society.
 FREEDOM IS VALUABLE for at least 2 different reasons:
1. [OPPORTUNITY ASPECT] Freedom gives us more opportunity to pursue our objectives (i.e those that we value).
a. It helps in our ability to decide to live as we would like and to promote the ends that we may want to
advance
2. [PROCESS ASPECT] The process of choice that comes with the ability to choose freely allows us to know that
we’re not being forced into some state because of the constraints imposed by others.

JUSTICE AND THE WORLD

Implications of the role of institutions for building a just society:

1. Rule of Law and Equal Access to Justice – A just society is where laws are applied equally and fairly to all individuals,
regardless of socioeconomic status or other characteristics.
 For example, providing legal aid and addressing systemic biases and discrimination within the justice system
2. Protection of Human Rights – Institutions (or a just society) ensures the recognition and enforcement of civil, political,
economic, social, and cultural rights for all individuals.
3. Equality of Opportunity – Institutions should strive to provide equal opportunities for all individuals, regardless of their
background or circumstances. It should address systemic barriers, such as discrimination and social exclusion, to
ensure that everyone has a fair chance to succeed and reach their full potential.
4. Social Safety Nets and Welfare Systems — Just societies recognize the importance of policies that alleviate poverty,
reduce inequality, etc to protect the most vulnerable members of society.
5. Participatory Democracy and Inclusive Decision-making – A just society had institutions that provide mechanisms for
public participation, accountability, and transparency to ensure that decisions are made in the best interests of the
entire society.
6. Environmental Sustainability – A just society recognizes the importance of environmental sustainability and the need to
protect the planet for current and future generations
7. Combating Corruption and Ensuring Accountability – A just society has institutions that prevent and address corruption
at all levels of society