1. 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?

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

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

4. 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

5. The State of Nature 5

6. 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

7. 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

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

9. Reason
Cost/Benefit Analysis

10. The Social Contract 10

11. 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.

12. John Locke
Key ideas: Democracy Separation of Powers Religious Toleration “Tabula Rasa” Property Rights

13. 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.

14. 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

15. 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

16. 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.

17. 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.

18. 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

19. Kant and Rawls
Immanuel Kant, 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, 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

20. 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

21. 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

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

23. 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.

24. 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

25. A Fair Race?

26. The Original Position
The Veil of Ignorance

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