Chapter 8: Justice Two Contemporary Theories of Justice: Rawls and Nozick

1. Chapter 8: JusticeTwo Contemporary Theories of Justice: Rawls and Nozick Introducing Philosophy, 10th edition Robert C. Solomon, Kathleen Higgins, and Clancy Martin

2. John Rawls (1921-2002) • Author of A Theory of Justice (1971) and former professor of philosophy at Harvard University • Probably the most influential American political philosopher of the twentieth century John Rawls argues for a view of justice that places the rights of the individual over the utility of any group of individuals or state

3. Rawls defends two principles in order of priority: • The first principle: We all have basic rights and equal rights, in particular with reference to our personal freedom • The second principle: Although we cannot expect everyone in society to enjoy equal wealth, equal health, and equal opportunities, we can and should insist that all inequalities are to every individual’s advantage

4. Rawls imagines an “original position” in which all of us are “unencumbered” by any of our particular traits or interests • In such a situation, what would be rational for us to choose to do, by way of the principles according to which society should be run? • Rawls conceives of “justice as fairness”

5. Rawls connects justice with a concept of equality • But does a state have the right to redistribute our wealth as it sees fit in order to achieve equality? • The right to our possessions is another right not adequately addressed in theories such as Rawls’ • This right to property, known as entitlement, gives rise to the theory of justice popularly known as libertarianism

6. An “entitlement theory” such as that first developed by John Locke puts the right to private property first and foremost and couples it with a deep skepticism as to the wisdom and fairness of government • Locke argued that what gives a person the right to a piece of property is the fact that he has “mixed his labor with it,” in other words, worked with it and improved it

7. For his labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good left in common with others —John Locke

8. Robert Nozick (1938-2002) • American philosopher who taught at Harvard University; author of an influential book on political philosophy, Anarchy, State and Utopia, as well as Philosophical Explanations • Robert Nozick argues that any attempt to enforce the redistribution of wealth according to some schema or “pattern” necessarily violates the rights of the individual

9. Nozick offers a refined version of Locke’s entitlement theory • Nozick argues that enforced redistribution of wealth according to some schema necessarily violates individual rights

10. A person who acquires a holding in accordance with the principle of justice is entitled to that holding • A person who acquires a holding in accordance with the principle of justice in transfer, from someone else entitled to the holding, is entitled to the holding • No one is entitled to a holding except by (repeated) applications of 1 and 2 —Robert Nozick, Anarchy, State and Utopia

11. Justice or Care Most of the debate concerning justice has been by males Feminists raise the concern that there is male bias in the debate concerning justice Further, there is the concern that there is some male bias in the very notion of “justice” itself