3] Justice Q & A

Practice Questions

1] Examine communitarian perspectives on justice. [2019/15m/200w/2b]
2] Comment on distributive justice. [2018/10m/150w/1c]
3] Analyse John Rawls’ justification of discrimination to achieve the goals of justice. [2018/15m/200w/2b]
4] Freedom, justice & good government need not necessity be identified with rule of majority. Critically assess.
5] Social justice is not reconcilable with right to property. Comment
6] Critically analyze state of ‘theory of liberalism’ with special reference to its concepts of liberty, democracy and justice.
7] What is the difference between procedural justice and substantive justice?
8] What is lexical order in John Rawls theory of justice?
9] What is the difference between communitarian and libertarian view of self?
10] Critically examine Rawl’s Egalitarian conception of Justice. Write a note on the Communitarian critique of the Rawlsian notion of Justice.

1] Examine communitarian perspectives on justice. [2019/15m/200w/2b]

Communitarian theory of justice stands in contrast to liberal theory of justice. It is critical of ‘abstract individualism’ found in liberalism. While liberal theory focuses on individual, communitarian theory focuses on community.
According to communitarians, individual is an embedded self. Man can never be autonomous of his community. Even his choices largely depend on community. Thus also suggest that there cannot be clear difference between personal and political. When individuals come in in public sphere, he does not leave his community at home. So different principles should be adopted for different communities. For example in India, although there are tall claims in theory, in practice caste system cannot be segregated from politics.
As suggested by Michael Waltzer in his SPHERES OF JUSTICE, DIFFERENT GOODS OUGHT TO BE DISTRIBUTED DIFFERENTLY BY DIFFERENT AGENTS. Thus different principles should be adopted in different spheres of justice. He even suggests that within same sphere we may need to adopt different principles at different level e.g. there may be reservation for primary education, but may not be for higher education.
Communitarian theory emerged as a response to liberal theory by Rawls. We can suggest that the application of principles of justice has to practised based on type of society. Rawls himself modified his own theory of justice in his book POLITICAL LIBERALISM.

2] Comment on distributive justice. [2018/10m/150w/1c]

Although theory of Justice is at the centre of a discussion on State, there are multiple theories of justice. On one hand classical liberals suggest extreme detachment of state from individual life, socialists suggest high degree of state intervention to achieve justice at the level of outcome.
The idea of distributive justice focuses on distribution of goods by state to achieve justice. It is concerned with ‘just allocation of resources.’ This is done to make up for either historical injustice or ‘natural differences’.
John Rawls has suggested that different individuals taking birth in differnt situations is just a fact. Neither just nor unjust. But to be fair, we can develop principle of justice which will ‘difference principle’, which will ensure that people born with disadvantages are given their fair chance.
Amartya Sen focuses on ‘capacity development’ as a means to distributive justice. Dworking suggests that we have to compensate only once. We have to ensure ‘initial fair distribution’ of resources, and then its upto individuals what they make out of it.
Nozick is critical of distributive justice. He argues that ‘past should not be stretched too much in present.’ State’s role is limited only to see that property is acquired and transferred in right manner. Unless there is serious cause, state should not intervene.
Thus this remains a debated concept. However, we see it in practice almost in all contemporary states, with different variations. For example in India, there is provision of reservation, USA has practice of minimum wage, unemployment benefit etc. And even at global level we see UN, WHO working for development of African countries.

3] Analyse John Rawl’s justification of discrimination to achieve the goals of justice. [2018/15m/200w/2b]

John Rawls is regarded as a social liberal thinker, who has given theory of justice. In his theory, he has given the concept of ‘difference principle’, to ensure justice.
Rawls has given three principles of justice. 1st principle focuses on maximum equal liberty and 2nd on equality of opportunity. In 3rd principle however, he suggest to practice discrimination. He suggests that natural differences are neither just nor unjust. It is social principles which have such classification. Thus we have to evolve principles which will be just. Which will be in moral sync with conscience.
He suggests that we need to ensure social security net. It is the choice an individual will make under ‘veil of ignorance’, it is a rational choice since it avoids the ‘worst off’ for everyone, and anybody may need it at any time. And therefore we should accept this proposal.
However, in overall perspective, Rawls gives preference to liberty over equality. And for the same reason, he has been criticized by communitarians and socialists alike. We however, should not neglect the courage of Rawls to make such propositions in a society which largely believes in classical liberalism.