Justice is considered as the architectonic idea of Pol theory from Plato to Amratya Sen

The subtitle of the Republic by Plato was Concerning Justice.

Though there is a consensus that justice is the foundational principle but there is a lack of
consensus regarding what constitutes justice
Political liberalism
John Rawls
 A Theory of Justice
 Political Liberalism
 Inspired by Kant - Human
dignity
 Criticism of Utilitarian principles
compromise human dignity
and justify exploitation for GG of
GN
 Justice is the first virtue of any
social insti as truth is the first
virtue of any system of thought
 Principles of justice have to be
based in the inviolability of
human dignity
 Deontological
 Comprehensive doctrines
Rawls produced 2 principles
 Reasonable plurality
 Liberty (Max Equal Liberty)
 Overlapping consensus, diff. from
 Equality
modus vivendi.
o Eq of opp
 ToJ as Fairness applicable in
Political sphere o Difference principle
o Rawls theory of
 Political conception of Justice
democratic equality.
Comparison with first work
Rawls - Justice as fairness
Balance b/w
 Way of life vs. way of political life
 Personal life vs. political life
 Merit
 Perfect congruence vs. overlapping
 Desert - Liberty
consensus
 Dignity
 Overarching idea vs. free standing
idea of justice.

Difference principle

 Departure from equal distribution of

primary goods to bring the greatest
benefit to the least advantaged

Criticism of Difference principle by Libertarians

 Departure from equal distribution of primary goods to bring the greatest benefit to the
least advantaged
 Focuses on formal defn of Liberty and insist on minimum role of state
 Social liberals like
o Dowrkin - resource egalitarianism
o A. Sen - Capacity building to ensure a level playing felid
 Protective discrimination does not violate principles of justice rather supplements it.

Nozick Hayek Rawls balances - Desert, merit, need

  Ppl should be  Progressive Scholars on left
held taxation as Protective discrimination against - desert and merit
responsible for road to
their choices serfdom Protective discrimination does not violate the Justice as fairness, as it is a substa
 Criticises theory and not procedural like utilitarian or libertarian
welfare state Society is like a chain - even the weakest link is important

Women - Differentiated citizenship

Minorities - Will Kym - Special rights
NALSA - Transgender as 3rd gender
Global Justice - Book - Law of Peoples

 Original position at global level with the representa

diff countries participating
 Veil of Ignorance - wouldn’t know who they are
representing - remove bias
 Fair and just rules
 Decrease chances of war, following treaties
 Realistic Utopia
 Similar to ideas of Hedley Bull

Criticism
Will kymlika - states would prefer the good of the commu
the abstract rights of foreigners

Feminists - representatives of countries - does not mention

specifically
 Social Liberals
Relationship b/w Justice, Equality and Liberty o Rawls - Justice as Fairness
o Principles of justice
 Max equal Liberty
 Liberals - Nozick  Equality
o Justice as Liberty and equality of  in Lexical Order
Opportunity  Level playing field
o Liberty and equality as antithetical o Sen - Development as freedom
o Minimal state  Capacity building
o Social justice as a mirage o Dworkin - resource egalitarianism
 Marxists  Remains contested
o Justice as Equality of outcomes  Rawls theory is nearer to the idea of justice given in Indian
o Freedom and Equality as similar  Constitution.

Alastair MacIntyre (“After Virtue”)

Micheal Sandel Michael Walzer

 Liberalism and Limits of justice
 Man is embedded Self
 Man :: Liberals - freedom of choice, but Sandel : More
imp to make the right choice
 Eg Marriage 10 vs 1 time
 Community :: Man’s conception of right is always
dependent on the conceptions of his community
 Spheres of Justice
 Conception of justice is what people subscribe to.
(not abstract)
 Caste system - still continuing
 Ancient greece : Gym over poor
 We should not impose our values on those who
cannot identify themselves with those values

Amartya Sen conception of justice (Book -> Idea of Justice)

 NITI (institutions and procedure focussed approach); NYAY (realization focussed
approach)
 NITI- deontological (Rawl’s theory); NYAY- teleological and consequential.
 Rational choice (based on abstract individuals) vs. social choice (based on real
situations).
 Reference of Krishna (deontological) and Arjun (consequential)
o Arjun’s position would have resulted in less sorrow.
 Justice -> happiness -> ends we achieve, not institutions we create.
 No universal principles possible -> story of 3 children with flute.
 Democracy/public reasoning to be central theme of justice.
o Bengal famine occurred as there was no functional democracy.
o Government was not accountable.
 Buddha -> purpose is to minimize suffering rather than perfecting the idea of justice.
 Book -> Argumentative Indian
o Democracy is not the gift of west.
o India has tradition of public reasoning and argumentative heterodox culture.
o Ashoka and Akbar
o “Non-parochialism is a requirement of justice”- Adam Smith
o “Injustice anywhere is a threat to justice everywhere”- Martin Luther King.
 Criticism: Pratap Bhanu Mehta -> Sen’s work is under-theorization.
o We cannot ignore institutions, otherwise anarchy