Theories of Justice Retributive Justice – How should those who break the law be punished? Distributive Justice – How should society distribute it’s resources? What role (if any) should government play in this distribution?

Social Contract Theory Thomas Hobbes 5 April 1588 – 4 December 1679 Leviathan 1651 2

Pre-industrial Societies Two-tiered The elites who rule (2-5%) Peasants, slaves, etc (95-98%

Feudalism Society exists to maintain order Societies rulers are ordained by God You are live your entire life in the class you were born into Lower classes are inferior to higher classes

The State of Nature 5

The Basic Facts of Human nature People have equal basic needs (e.g. food, sex, shelter, warmth, etc.) 2) The goods that fulfill our needs are of limited supply. 3) Human power is essentially equal. 4) Human beings are fundamentally self interested

Egoism The only real motivation we ever have is self-interest – our own personal pleasure and well-being. Other things – even other people! - only matter to us insofar as they contribute to our pleasure and well-being 7

Hedonism The only thing good is pleasure The only thing bad is pain Good = Pleasure Bad = Pain

Reason Cost/Benefit Analysis

The Social Contract 10

The Liberal Tradition Government exists to protect human rights and ensure human freedom Rulers are those best able to provide this protection and such freedoms.

John Locke 1632-1704 Key ideas: Democracy Separation of Powers Religious Toleration “Tabula Rasa” Property Rights

Property Rights If I labor to achieve or build something, than I should be entitled to the fruit of my labor. This means that I should own it. It is my property.

John Stuart Mill Born: May 20, 1806, Pentonville, London, United Kingdom Died: May 8, 1873, Avignon, France Spouse: Harriet Taylor Mill (m. 1851–1858) Education: University College London

Utilitarianism The right and just thing to do is whatever brings about the greatest amount of pleasure. The government should adopt policies that will lead to the most happiness

The Principle of Liberty The Principle of Liberty requires that ONLY actions which quite clearly harm others can be illegal. Libertarian – We own ourselves, and we may do whatever we like with ourselves. With one exception, we cannot harm others.

Principles of Law that Mill would reject *Paternalism – Laws that forbid people to engage in self-harming behavior Moralism – Laws that forbid immoral behavior Offense – Laws that forbid offending others.

Libertarianism The just thing to do is to leave everyone alone to govern themselves. The government should not decide how to divide the goods and resources of society

Kant and Rawls Immanuel Kant, 1724-1804 Taught that “persons” are worthy of respect and dignity. You should never treat a person as if they were a mere object, a thing. John Rawls, 1921-2002 Argued that in a truly just society everyone is entitled to a fair starting point. This means that government must ensure that their basic rights and needs are met

Categorical Imperative “Act so that you treat humanity [persons], whether in your person or that of another, always as an end and never as a means only.” Translation: It is always wrong to treat a person as if they were nothing more than a thing; always wrong to treat them like an object

Kant Vs. The Libertarians Libertarianism – We each own ourselves and may do whatever we like with ourselves. Self- ownership is the foundation of morals Kant – We don’t own ourselves. We are not our own property. Respect for the dignity of ourselves and others is the foundation of morals

What about those on the Margins? Response 1: Social Darwinism only the strong survive. Meritocracy Response 2: Private charity will help them all.

Meritocracy It is my money! I EARNED it! I DESERVE it! Meritocracy – the view that those who do well in society earned it, and that those who do poorly deserve it.

Rawls against Meritocracy A Theory of Justice (1971) “Against Meritocracy ” The amount of money you make is largely a result of dumb luck, in two ways 1) what talents you are born with, and 2) supply an demand How much you earn does NOT depend on what you morally deserve

A Fair Race?

The Original Position The Veil of Ignorance

Two Principles of Justice 1. The Principle of Equal Liberty 2. The Difference Principle Wins if they conflict