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A Literature Review of Theories of Justice

Alusine M. Kanu, D.A. 

           A Theory of Justice with descriptions of views of self-interest and utilitarian theories assesses constructive human relations issues . Theories of Justice have made great con-tributions to learning about ethical principles and practices. The intended goal is to enable people to live peacefully in cohesive environments.  Some critics propose principles of Jus-tice, establish the basis of an ideal society in which every individual is in an original position of equality with regard to rights and duties. This enables individuals to act mutually in a ra-tional manner.  Theories of Justice as Fairness argue for equal rights for all individuals and deny that injustice toward any particular group of individuals is justifiable unless this injustice is necessary to prevent an even greater injustice. Some argue that the term "justice as fair-ness" does not imply that justice and fairness are identical, but that the principles of justice are agreed to under fair conditions by individuals who are in a situation of equality.  Justice as fairness also implies that the principles of justice apply equally to all individuals (p. 11).

            In the Theory of Justice as Fairness, the principle of equal rights for all citizens has priority over the goal of producing the greatest amount of happiness for the largest number of individuals (p. 26).  Justice as fairness also implies that the principles of justice apply equally to all individuals (p. 53).  Principle of justice (including the principle of greatest equal liberty, the principles of fair equality of opportunity, and the difference principle) may be ful-filled by a constitutional democracy. It is necessary for political equality of opportunity (i.e., equal rights of participation in the political process) to be constitutionally guaranteed.

         A primary argument is that self-interested, rational persons would choose two general principles of justice to structure society in the real world:
  1. Principle of Equal Liberty.  Each person has an equal right to the most extensive liberties compatible with similar liberties for all.
  2. Difference Principle.  Social and economic inequalities should be arranged so that they are both (a) to the greatest benefit of the least advantaged persons, and (b) attached to offices and positions open to all under conditions of equality of oppor-tunity.

          The general conception is that all social primary goods--liberty and opportunity, income and wealth and the basis of self-respect--are to be distributed equally in the interest of communities. A self-interested rational person would not want to belong to a race or gender or orientation that turns out to be discriminated against.  Such a person would not wish to be a handicapped person in a society where handicapped are treated without respect.  So prin-ciples would be adopted that oppose discrimination. Likewise, a self-interested rational per-son would not want to belong to a generation which has been allocated a lower than ave-rage quantity of resources.  So he would endorse the principle: "Each generation should have roughly equal resources" or "each generation should leave to the next at least as many resources as they possessed at the start."

            The utilitarian idea, as experts confront it, is that society is to be arranged so as to maximize the total or average aggregate utility or expected well being.  The views are that until a sufficiently complete and systematic alternative is put on the table to compete with Utilitarianism, its recurrence will be eternal.  In addition to developing that constructive alternative, arguments include views that Utilitarianism fails to take seriously the distinction between persons.  Suggestions are that consideration should be given to the principles of justice as fairness, the argument from the original position, the motivations of the parties to the original position, Kantian influence of respect for persons and equal distribution as a starting point in deliberations, reflective equilibrium to work from both ends, pruning and adjusting as we go.  He encourages just institutions and argues that what is just or unjust is the way that institutions deal with facts and societical values.  Another observation based on content analysis is that stability of societies can be determined by how institutions live up to the requirements of a given set of principles of justice.

           Experts believe that a theory of justice that includes a social contract theory, similar to those proposed by Hobbes, Locke, and Rousseau, sould be considered perhaps as a logical solution to the question of fairness in any society.  Social contract theory describes situations where a society is established of people who are self-interested, rational, and equal, and the rules of justice are established by what is mutually acceptable and agreed upon by all people therein.  

Reference 

Rawls, J. (1971).  A Theory of Justice. Cambridge: Harvard University Press, p. 26, p. 11, p. 53.

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