And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...

The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

This book comprises a series of studies devoted to an analytic examination of reasoning in the field of conduct. The first is analysis of the idea of justice undertaken in a spirit of positivism; the series continues in a different vein necessitated by compelling obligation the author found himself under to work out a logic of value judgments. This logic is in fact the Rhetoric and Topics of antiquity: the author's "Traité de l' Argumentation gave this new life, (...) and the present work demonstrates its philosophical importance. (shrink)

The articles included in this symposium on my book The Idea of Justice cover a wide variety of issues, which is not surprising since my book too addresses a number of distinct problems, reflecting very different concerns connected with the idea of justice. In my response I have discussed each article individually. While most of the authors have been very kind to my attempt to reshape the theory of justice, there are also important critical issues (...) raised in some articles, and I have discussed how some of these concerns can be – very fruitfully – accommodated. In other cases, I have offered clarificatory discussion, and in a few cases also counter-arguments. I have also responded to suggestions for practical application of my approach to justice. Altogether, I have benefited greatly from the symposium, and would like to record my appreciation. (shrink)

In The Idea of Justice and Frontiers of Justice, Amartya Sen and Martha Nussbaum, respectively, put forth their own ideas about justice and criticize social contractarian approaches t...

The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law, and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be (...) interpreted. The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself. (shrink)

Although famous as an economist, Amartya Sen is no less distinguished as a philosopher. In this he is far from unique. The same went for the founding father of economics, Adam Smith. But in these days of increased academic specialization the combination of philosopher and economist is rarer than once it was. Moreover the philosophical contributions of contemporary economists, such as they are, tend to be relatively narrow. Some, notably John Harsanyi and Thomas Schelling, are rightly lauded by philosophers for (...) helping to illuminate what Hegel called ‘the cunning of reason’ – the strange twists, loops, and blind alleys that obstruct or divert us, individually or collectively, in the pursuit of value. When it comes to the identification of the value to be pursued, on the other hand, it is harder to think of recent economists who have done important work. The preference-based theory of value treated as axiomatic by many economists is regarded as comic by many moral philosophers, even those with otherwise consilient utilitarian leanings. To break loose from the preference-based theory of value, while continuing to carry credibility for pioneering work in economics, takes a person of truly exceptional imagination, discipline, and versatility. (shrink)

We use the term “justice” in many different ways. In this essay, I consider justice only as it used in Anglo-American political and legal theory. In this realm of discourse, all forms of justice consist of non-utilitarian allocative principles, i.e., principles governing, to put it as broadly as possible, who gets how much of what. Some may wish to treat utilitarian principles as principles of justice. As a matter of nomenclatural pedantry, this is surely reasonable. But, (...) perhaps as a consequence of John Rawls’ arguments in Theory of Justice,2 or perhaps as a result of Aristotle’s classifications of two forms of justice in the Nicomachean Ethics,3 or perhaps as a result of John Stuart Mill’s appreciation of the need for reconciling utilitarianism with justice,4 we generally think of justice as consisting of principles that are sensitive to factors shielded from any stable form of utilitarianism. Furthermore, thanks to Rawls, we generally think of distributive justice as being primarily applicable to political and social institutions and not to individual actors (this, though, has been challenged by those who would still recognize a sharp distinction between utilitarianism and justice5). Regardless of whether this distinction between justice and utilitarian principles is sustainable in the long term, I shall presume it, if only to make clear what is at stake if we are to treat utilitarianism as just one form of justice. (shrink)

Part One of Montesquieu's Idea of Justice comprises a survey of the currency in philosophical, ethical and aesthetic debate during the second half of the 17th century of the terms rapport and convenance, which are central to the enigmatic definition given to justice by Mon tesquieu in Lettres Persanes LXXXllI. In this survey, attention is concen trated on the way in which the connotations of these terms fluctuate with the divergent development of the methodological and speculative outgrowths (...) of Cartesian ism into two schools of thought, materialist and idealist, often widely at variance in their views of the nature and orga nization of the universe. In Part Two, Montesquieu's definition of justice is set against this background, whose doctrinal conflicts, because of the characteristic as sociations of its key terms, it may be taken to reflect, just as it may be held to epitomize, by virtue of its elaboration in the opening chapter of De l' Esprit des Lois and its close terminological affinities with the defini tion of law there given, an undoubtedly related conflict between the implications of causal determinism and the aspirations of idealist meta physics surviving at the heart of Montesquieu's outlook, and, remaining unresolved, often said to impair the coherence if not the validity of his theory of society. (shrink)

ABSTRACTConfucianism tends to play only a marginal role in current theorizing about justice, which is a global pursuit dominated by Western theory and its strong tendency to assume that justice refers to some substantive conception of distributive, socioeconomic justice. This article examines and compares reconstructions of Confucian justice by Joseph Chan, May Sim, and Fan Ruiping. Each reconstruction makes reference to both classical and modern Western justice theory and thus each involves a comparative approach; indeed, (...) each reconstruction seeks ultimately, in its own distinctive fashion, to present a version of Confucian justice that is comparable with modern Western justice theory. In this article we assess, critically and comparatively, the tertium comparationis and the arguments in each reconstruction. While our analysis does not wholly endorse any of the reconstructions, it shows that there is a richness and vitality to Confucian justice theory that merits proper consideration in justice theory co... (shrink)

Confucianism tends to play only a marginal role in current theorizing about justice, which is a global pursuit dominated by Western theory and its strong tendency to assume that justice refers to some substantive conception of distributive, socioeconomic justice. This article examines and compares reconstructions of Confucian justice by Joseph Chan, May Sim, and Fan Ruiping. Each reconstruction makes reference to both classical and modern Western justice theory and thus each involves a comparative approach; indeed, (...) each reconstruction seeks ultimately, in its own distinctive fashion, to present a version of Confucian justice that is comparable with modern Western justice theory. In this article we assess, critically and comparatively, the tertium comparationis and the arguments in each reconstruction. While our analysis does not wholly endorse any of the reconstructions, it shows that there is a richness and vitality to Confucian justice theory that merits proper consideration in justice theory conceived as a truly global and cosmopolitan discipline. (shrink)

(No abstract is available for this citation).

In Amartya Sen’s The Idea of Justice, democracy is necessary for the reconciliation of plural justice claims. Sen’s treatment of democracy is however incomplete and inadequate: democracy is under-specified, there are unrecognized difficulties in any context featuring deep moral disagreement or deep division and a conceptualization of public reason in the singular erodes his pluralism. These faults undermine Sen’s account of justice. Developments in the theory of deliberative democracy can be deployed to remedy these deficiencies. This (...) deployment points to a deliberative system encompassing those affected by collective decisions, with places for non-partisan forums and discursive representatives, conditionally open to multiple forms of communication, and geared to the production of workable agreements under normative and discursive meta-consensus. Democracy does not guarantee justice, but in a plural world it is essential to the pursuit of justice. (shrink)

Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".

Sen argues that Rawls’ political theory suffers from the flaw of “institutional fundamentalism.” In response, he develops an alternate theory of justice that does not rely upon contractarian premises. I argue that Sen’s theory largely maps on to the insights of classic pragmatist thought. Further, the pragmatic tradition can help critique and supplement Sen’s project.

The Idea of Justice" summarizes and extends many of the themes Amartya Sen has been engaged with for the last quarter century: economic versus political rights, cultural relativism and the origin of notions such as human rights, and entitlements and their relation to gender equality.

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Journal of Economic Methodology, Volume 19, Issue 2, Page 165-167, June 2012.

Cosmopolitan critics attack the scope-limitation of justice of egalitarian liberal theorists to states. They treat justice as the production of a given set of outcomes for people regardless of location or relationship. However, in doing so they either ignore the relevant agent towards whom principles of justice are addressed or see the question of agency as a practical, derivative question, of a secondary character. This paper argues that a principle of justice without a clearly justified agent (...) is not a genuine principle at all. This is what writers like Rawls mean by the "subject" of justice (analogous to the grammatical subject of a sentence, i.e.,the agent). We should reflect on agents and why they would or would not justifiably carry certain burdens for others and what kind of benefits or goods they are able to secure. The answers to those questions explain why the idea of cosmopolitan global justice is incomplete, either requiring a global basic structural agency or not applying because no relevant agent is present that can create cooperative arrangements between individual persons across the globe. Other moral principles will still apply globally, but they will be distinct from those that apply to basic-structural agencies. This account is not a practice dependence account, as it bases the distinctness of moral and political principles on purely moral and value-based considerations. (shrink)

In recent years, several political theorists have argued that reasonable principles of justice are practice-dependent. In this paper it is suggested that we can distinguish between at least two main models for doing practice-dependent theorizing about justice, interpretivism and constructivism, and that they can be understood as based in two different conceptions of practices. It is then argued that the reliance on the notion of participants that characterizes interpretivism disables this approach from adequately addressing certain matters of (...) class='Hi'>justice and that a better way of developing the idea of practice-dependence can be found in a constructivism that starts from the Rawlsian idea of overlapping consensus, but which shifts the focus of that approach from societies to a more open-ended category of domains, and which understands the parties to a possible overlapping consensus as stakeholders in a certain set of interconnected practices. (shrink)