Inhoud
Lecture 1 – Algemene inleidingten..................................................................................................................................2
John Rawls – A theory of justice §1-4.........................................................................................................................2
Kymlicka ,W. – Chapter 1 Introduction.......................................................................................................................4
Lecture 2: Rawls’ oorspronkelijke positie.......................................................................................................................4
John Rawls – A theory of justice §3-6, §9, §11, §20-26 en §29...................................................................................4
Lecture 3: Rawls’ principes van rechtvaardigheid.........................................................................................................14
John Rawls – A theory of justice §10-17 & §39........................................................................................................14
Kymlicka, W – 3.1 Rawl’s project.............................................................................................................................21
Lecture 4: Libertarisme.................................................................................................................................................23
Nozick – Chapter 7: Distributive justice....................................................................................................................23
College 5: De nadruk op gemeenschap – communitarisme...........................................................................................25
The procedural republic and the unencumbered self – Michael Sandel.....................................................................25
Spheres of justice: A defence of pluralism and equality – Michal Walzer..................................................................27
Tyrannies and just societies – Michael Walzer...........................................................................................................31
Lecture 6: Dworkin’s gelijkheid van hulpbronnen.........................................................................................................33
Equality of resources – Dworking, R.........................................................................................................................33
Lecture 7: Luck-egalitarianism bekritiseerd..................................................................................................................37
What is the point of equality? – Anderson, E.............................................................................................................37
Lecture 8: Egalitair Ethos..............................................................................................................................................47
Chapter 8: Justice, incentives and selfishness – Cohen, G.........................................................................................47
Chapter 9: Where the action is: on site of distributive justice – Cohen, G.................................................................50
§43: Background institutions for distributive justice – John Rawls...........................................................................52
Lecture 9: Feminisme....................................................................................................................................................54
Feminist Politics in the age of recognition: Two-dimensional approach to gender justice – Fraser, N......................54
Lecture 10: Multiculturalisme.......................................................................................................................................58
Chapter 5: Freedom and Culture – Kymlicka, W.......................................................................................................58
Lecture 11: Segregatie...................................................................................................................................................62
Justice, Deviance and the Dark Ghetto – Shelby, T....................................................................................................62
Lecture 12: Terrorisme..................................................................................................................................................64
Terrorism, Rights and political goals – Held, V.........................................................................................................64
Lecture 13: Mondiale representative.............................................................................................................................66
Social and cosmopolitan liberalism – Beitz, C,R.......................................................................................................66
Lecture 14: Milieu rechtvaardigheid..............................................................................................................................68
One atmosphere – Singer, P.......................................................................................................................................68
,Lecture 1 – Algemene inleidingten
John Rawls – A theory of justice §1-4
§1 The role of justice
Justice first virtue of social institutions
- Welfare of society cant even override it
o It denies the loss of freedom for some is made right by a greater good shared by others
o Just society liberties of equal citizenship are taken as settled
o The rights secured by justice are not subject to political bargaining or to the calculus of social interests
Role of the principles of justice They provide a way of assigning rights and duties in the basic institutions of
society and they define the appropriate distribution of the benefits and burdens of social cooperation
- Society is more or less self-sufficient association of persons who in their relations to one another recognize certain
rules of conduct as binding and who for the most part act in accordance with them
- These rules specify a system of cooperation, designed to advance the good of those taking part in it
- Society is marked by a conflict as well as by an identity of interests
o Identity of interests social cooperation makes a better life possible for all than any would have if each
were to live solely by his own efforts
- A set of principles is required for choosing among the various social arrangements which determine this division
of advantages and for underwriting an agreement on the proper distributive shares
Disagreement about which principle should define the basic terms of their association
Wel-ordered society advance the good of its members & effectively regulated by a public conception of justice
- Everyone accepts and knows that the others accept the same principles of justice
- The basic social institutions generally satisfy and are generally known to satisfy these principles
Plans of individuals need to lead to social achievements and need to be efficient and consistent with justice
Scheme of social cooperation= more or less regularly complied with and its basic rules willingly acted upon and
when infractions occur, stabilizing forces should exist that prevent further violations and tend to restore the
arrangement
§2 The subject of justice
Social justice= primary subject is the basic structure of society the way in which the major social institutions
distribute fundamental rights and duties and determine the division of advantages from social cooperation.
- Major institutions= the political constitution and the principal economic and social arrangements
o Define men’s rights and duties & influence their life prospects
- This structure contains different positions, that have different expectations of life institutions of society favour
certain starting places of others inequalities
o Cannot be justified by an appeal to the notions of merit or desert
- The principles regulate the choice of a political constitution and the main elements of the economic and social
system
- Justice of a social scheme depends essentially on how fundamental rights and duties are assigned and on the
economic opportunities and social conditions in the various sectors of society
Scope of our inquiry is limited in two ways:
1. There is no reason to suppose ahead of time that the principles satisfactory for the basic structure hold for all cases
o The conditions for the law of nations may require different principles arrives at in a somewhat different
way
2. Principles of justice that would regulate a well-ordered society
o Everyone is presumed to act justly and to do his part in upholding just institutions
o A deeper understanding can be gained in no other way, and that the nature and aims of a perfectly just
society is the fundamental part of the theory of justice
,Social justice= providing in the first instance a standard whereby the distributive aspects of the basic structure of
society are to be assessed
- Social ideal= a complete conception defining principles for all the virtues of the basic structure, together with
their respective weights when they conflict
This definition is designed to apply directly to the most important case justice of the basic structure
§3 the main idea of the theory of justice
Goal: present a conception of justice which generalized and carries to a higher level of abstraction the familiar theory
of the social contract as found in Locke, Rousseau and Kant
- They are the principles that free and rational persons concerned to further theory own interests would accept in an
initial position of equality as defining the fundamental terms of theory association
- Principles regulate all further agreements specify the kinds of social cooperation that can be entered into
and the forms of government that can be established
o Engage in social cooperation together (in one joint act) the principles which are to assign basic rights
and duties and to determine the division of social benefits
o The choice which rational men would make in this hypothetical situation of equal liberty, assuming for the
present that this choice problem has a solution, determines the principles of justice
Justice as fairness original position of equality corresponds to the state of nature in the traditional theory of the
social contact
- Purely hypothetical situation characterized in order to lead a certain conception of justice
- Veil of ignorance= No one knows his place in society, his class position or social status and does not know his
fortune in the distribution of natural assets and abilities, his intelligence, strengths etc
o No one is advantaged or disadvantages in the choice of principles by the outcome of natural chance or the
contingency of social circumstances
- Thus the principles of justice are the result of fair agreement or bargain
Justice as fairness= it conveys the idea that the principles of justice are agreed to in an initial situation that is fair
1. choice of the first principles of a conception of justice which is to regulate all criticism and reform of institutions
2. choice of constitution and a legislature to enact laws
Feature justice as fairness; parties in the initial situation as rational and mutually disinterested
They would choose two principles
1. equality basic rights and duties
2. Social and economic inequalities are just only if they result in compensating benefits for everyone
Problem: choice of principles
Justice as fairness consists of two parts
1. An interpretation of the initial situation and the problem of choice posed there
2. A set of principles which would be agreed to
Justice as fairness contract theory
- Contract theory= it conveys the idea that principles of justice may be conceived as principles that would be
chosen by rational persons, and that in this way conceptions of justice may be explained and justified
- It deals with conflicting claims upon the advantages won by social cooperation plurality
- Citizens have a knowledge of these principles that others follow publicity
- Makes the ideas natural for people doctrine
§4 The original position and justification
Original position= appropriate initial status quo which insures that the fundamental agreements reached in it are fair
- Rational choice theory we have to ascertain which principles it would be rational to adopt given the contractual
situation
Problem of justification: to succeed choice problem
- Problem of rational decision only has a definite answer when we know the beliefs & interest of the parties, their
relations, the alternatives, the procedure etc
, Conditions of the original position:
- No one should be advantaged or disadvantaged by natural fortune or social circumstances in the choice
- It should be impossible to tailor principles to circumstances of one’s own case
- Particular inclinations and aspirations, and person’s’ conceptions of their good do not affect the principles adopted
- The parties are equal same rights in the procedure for choosing principles
Goal: represent equality between humans as moral persons
Conditions + veil of ignorance = principles of justice as those which rational persons concerned to advance their
interest would consent to as equals when none are known to be advantaged or disadvantaged by social and natural
contingencies
Check the interpretation of the initial situation by the capacity of its principles to accommodate or firmest convictions
and to provide guidance where guidance is needed
- Reflective equilibrium= Work from both ends describing it in a way that it represents generally shared and
preferably weak conditions see if these conditions are strong enough to yield a significant set of principles
o If not we look for further premises equally reasonable
o If so the principles match our considered conviction of justice
o Equilibrium= at last our principles and judgments coincide
o Reflective= we know to what principles our judgments conform and the premises of their derivation
Equilibrium is liable to be upset by further examination of the conditions which should be imposed on the contractual
situations and by particular cases which may leads us to revise our judgment
Kymlicka ,W. – Chapter 1 Introduction
Traditional picture politics political principles as falling someqhere on a single line from left to right
- Left: equality socialism
- Right: freedom free-market capitalism
- Middle: mixture equality and freedom liberals
It is inadequate, because:
1. Narrow
o Ignores a number of important issues
o Neglect other spheres or claim that they do not raise questions of justice and freedom
o Ignores issues of historical context
2. Suggests that different theories have different foundational values
o But they have a common foundational value equality
- Egalitarian= Treating people as equals; they all matter equally
Fundamental continuity between moral and political philosophy
- Nozick: moral philosophy sets the background for and boundaries of political philosophy
- Any account of our public responsibilities must fit into a broader moral framework that makes room for, and
makes sense of, our private responsibilities
Criteria to judge the success of political philosophy ultimate test of justice is that it cohere with, and help
illuminate, our considered convictions of justice
Political philosophy= matter of moral argument evaluate competing theories of justice to assess the strength and
coherence of their arguments for the rightness of their view
- Moral argument= matter of appeal to our considered convictions
Lecture 2: Rawls’ oorspronkelijke positie
John Rawls – A theory of justice §3-6, §9, §11, §20-26 en §29
§3 en §4 zijn vorige lecture al behandeld maar horen hier ook nog bij!
§5 Classical utilitarianism