Critique of Justice is a collection of reflective essays on ditferent dimensions of justice written by eminent scholars of Philosophy and allied disciplines who are astively engaged in the academic pursuit and promoting the cause of philosophy The book is conceived from the standpoint of multi-perspectival approach to the multifarious concept of justice which is regarded as the highest value in any civilized society On the one hand from traditional metaphysical point of view justice consists (...) of the eternal and immutable principles hat are transcendent, objective and absolute, where as from modern positivistic and empirical approachjustice is ahuman construct relative to time and space. Justice is, therefore, regarded as complex and dynamic concept which is multi-dimensional. It synthesizes other values like rights, liberty equality and property. In this well researched book there are 40 scholarly articles covering a wide range from Plato's concept of justice to Nozick's concept of justice in the Western Philosophy and from Vedic concept of justice to Amartya Sen's view ofjustice in Indian perspective. (shrink)

When we read Karl M&IX,S descriptions of the capitalist mode of production in Capital amd other writings, all our instincts tell us that these are descriptions of an unjust social system. Marx describes a. society in which one small class of persons lives in comfort and idleness while another class, in ever-increasing numbers, lives in want and vvrctchedncss, laboring to produce thc Wealth enjoyed by the fixst. Marx speaks constantly of capitalist "exploitation" of the worker, and refers to the creation (...) of surplus value as the appropriation of his "unpaid 1abor" by capital. Not 0nly docs capitalist society, as Marx describes it, strike us as unjust, but his own descriptions of it themselves seem to connote injustice. When we look in the writings of Marx and Engels for a detailed account 0f the injustices of capitalism, however, We discover at once that not only is there no attempt at all in their writings to provide an argument that capitalism is unjust, but there is not even the explicit claim that capitalism is unjust 01* incquitablc, 01* that it violatcs anyonds rights. We find, in fact, explicit denunciations and sustained criticisms of social thinkers (such as Pierre P:roudhon and Ferdinand Lassalle) who did condemn capitalism for its injustices or advocated some form of socialism as a. means of securing justice, equality, or the rights of man. We even find, perhaps to our surprise, some faixly explicit statements to the effect that capitalism, with all its manifold defects, cannot be faultcd as far as justice is concerned. Whatever else capitalism may be for Marx, it docs not seem that it is unjust. (shrink)

Among analytic philosophers in the past few years there has been a growing commitment to taking Marx seriously. Since the publication in 1971 of John Rawls’ bookA Theory of Justicethere has been a growing commitment to taking problems of Justice and rights seriously. These two developments intersect in mutual criticism: Marx's radical critique challenges the resources of recent theories of rights and Justice, while the sophistication of recent theories raises the possibility that they escape Marx's most basic (...) criticism. (shrink)

Among analytic philosophers in the past few years there has been a growing commitment to taking Marx seriously. Since the publication in 1971 of John Rawls’ book A Theory of Justice there has been a growing commitment to taking problems of Justice and rights seriously. These two developments intersect in mutual criticism: Marx's radical critique challenges the resources of recent theories of rights and Justice, while the sophistication of recent theories raises the possibility that they escape (...) Marx's most basic criticism. (shrink)

Rawls's recent articulation of his theory of justice in Political Liberalism (1993) carries on the contractarian approach to defining justice, which was first laid out in A Theory of Justice (1971). However, this approach is now characterised as ‘political’, not metaphysical. It is intended to appeal to those who are deeply divided by cultural, religious, and moral beliefs: it is to explain how justice can be stable in a divided society. This ‘political’approach, nevertheless, has narrowed its (...) appeal. Since it relies on the shared ideas in democratic societies, its appeal becomes political and cultural. Morever, this theory's requirement of equal basic liberties for a just society calls for a relatively developed economy and social institutions. It fails to provide guidance to societies that, owing to their lesser development, cannot afford to guarantee the worth of equal basic liberties. The structual insufficiency of Rawls's ‘political’theory explains the failure of his continuing efforts to extend his liberal theory of justice to the international terrain. This essay analyses this insufficiency and the narrow applicability of Rawls's ‘political’theory of justice. (shrink)

(1980). A critique of the laws of moral psychology in Rawls’ a theory of justice. World Futures: Vol. 16, Nationalism in an Interdependent World II, pp. 281-300.

This essay examines Cornel West's position that social justice for the socially marginalized, especially African Americans, can only be obtained through, among other things, a synthesis of Marxian critique of capitalistic culture and hegemony, and Black prophetic theological outlook. I bring out certain limitations in West's position, in particular, what I construe as his tendency to reduce all forms of oppression to the economic. Furthermore, even as I agree with West that capitalism needs to be examined, I argue, (...) on the contrary, that social justice can still be effected within a reformed liberal capitalist system. (shrink)

This essay examines Cornel West's position that social justice for the socially marginalized, especially African Americans, can only be obtained through, among other things, a synthesis of Marxian critique of capitalistic culture and hegemony, and Black prophetic theological outlook. I bring out certain limitations in West's position, in particular, what I construe as his tendency to reduce all forms of oppression to the economic. Furthermore, even as I agree with West that capitalism needs to be examined, I argue, (...) on the contrary, that social justice can still be effected within a reformed liberal capitalist system. (shrink)

This essay examines Cornel West's position that social justice for the socially marginalized, especially African Americans, can only be obtained through, among other things, a synthesis of Marxian critique of capitalistic culture and hegemony, and Black prophetic theological outlook. I bring out certain limitations in West's position, in particular, what I construe as his tendency to reduce all forms of oppression to the economic. Furthermore, even as I agree with West that capitalism needs to be examined, I argue, (...) on the contrary, that social justice can still be effected within a reformed liberal capitalist system. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private (...) individuals. Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

An egalitarian interpretation and defence of Rawls's principles of justice and their institutional and policy implications in response to G. A. Cohen's criticisms of Rawls's alleged justification of unequalizing incentives.

Many theories of global distributive justice are based on the assumption that all humans hold common ownership of the earth. As the earth is finite and our actions interconnect, we need a system of justice that regulates the potential appropriation of the common earth to ensure fairness. According to these theories, imposing limits and distributive obligations on private and public property arrangements may be the best mechanism for governing common ownership. We present a critique of the assumption (...) that this issue can be solved within the private–public property regime, arguing that the boundaries of this regime should not be taken for granted and that the growing literature on the democratic commons movement suggests how this can be accomplished. We consider that, if the earth is defined as a common, the private– public property paradigm must be open to questioning, and democratic commoners’ activities should be considered. (shrink)

This article begins with an examination of Peter Singer's ‘solution’ to global poverty as a way to develop a theory of ‘justice in assistance.’ It argues that Singer's work, while compelling, does not seriously engage with the institutions necessary to relieve global poverty. In order to realise our obligations it is necessary to employ secondary agents, such as non-governmental organisations, that produce complex social relationships with the global poor. We should be concerned that the affluent and their secondary agents (...) are complicit with unjust institutions or can be the source of injustice. What is needed is a theory of justice in assistance. This is a distinct area of justice theory because these agents are not primary agents, like states, but they often provide the basic social goods that we associate with primary agents. The article ends by putting forward a provisional conception of justice in assistance based on the republican idea of non-domination. (shrink)

Modern jurisprudence has typically been presented as a debate between legal positivism and natural law. Though the demise of legal positivism has been touted despite its pre-eminence in past decades, it is clear that there remains a vigorous debate surrounding this theory. It is noteworthy that Hans J. Morgenthau’s legal thought and critique of legal positivism have remained unexplored in the context of this debate. Largely forgotten, his legal thought answers questions that lie at the heart of the natural (...) law and legal positivist debate. It showcases his deeply nuanced understanding of legal and political theory and contains a powerful and insightful commentary on the fundamental problems faced by international law. Building on existing literature, this paper unearths Morgenthau’s critique of legal positivism. It does this by re-examining his works, which address the question of whether moral considerations are relevant to determining the content of the law in force. It brings his legal thought to light, which highlights the artificiality of the division between law and morality and offers a nuanced analysis of problems inherent in international law. Ultimately, the paper challenges the claim that the law can be determined without resorting to moral judgement and shows how Morgenthau’s insights remain relevant to legal positivism and natural law debates today. (shrink)

According to the coercive approach to distributive justice, the coercive nature of the political state requires justification in the form of distributive benefits owed only to members of the state. In this paper I analyze and dismiss traditional objections to the coercive approach, and I proceed to raise two novel objections. First, according to my equivocation objection, I contend that the coercive approach’s leap from coercive burdens to certain distributive benefits is based on an equivocation. When this equivocation is (...) clarified, the conclusion of the coercive approach is undermined. Attempts to circumvent the equivocation inevitably lead to my second objection, the coercion as cooperation objection. Through this objection it becomes clear that the coercive approach collapses into the cooperative approach, an approach to distributive justice that may change the scope of distributional obligations beyond that of the political state. (shrink)

This essay presents a critical interpretation of Derrida’s deconstructive reading of Walter Benjamin’s text, "Critique of Violence." It examines the relationship between deconstruction and justice, and the parallel Derrida draws between deconstructive reading and Benjamin’s account of pure violence. I argue that Derrida blurs Benjamin’s distinction between the political general strike and the proletarian general strike. As a consequence, Derrida criticises Benjamin’s metaphysical complicity with the violence that lead to the Holocaust. Derrida’s deconstructive reading of Benjamin, I conclude, (...) underplays its Marxist dimensions, privileging the theological and textual dimensions of Benjamin’s thought over the political and historical. (shrink)

In their controversial 2016 paper in this journal, Brennan and Magness argue that fair pay for part-time, adjunct faculty would be unaffordable for most colleges and universities and would harm students as well as many adjunct faculty members. In this critique, I show that their cost estimates fail to take account of the potential benefits of fair pay for adjunct faculty and are based on implausible assumptions. I propose that pay per course for new adjunct faculty members should be (...) tied to pay per course for new full-time non-tenure track instructors or to pay per course for new assistant professors. That framework for adjunct faculty justice yields an aggregate cost range of $18.5–$27.9 billion, one-third to one-half lower than the range computed by Brennan and Magness. Its opportunity cost would not be borne by students since students and faculty are complements, not substitutes, in the educational process. Instead it could be financed by reducing spending on non-educational purposes. Current adjunct faculty members would be protected from job displacement in this justice framework. The real obstacle to achieving justice for adjunct faculty is the priorities of university administrators, not budget constraints or opportunity costs. (shrink)

This article presents a blueprint of a feminist agenda for the twenty-first century that is oriented not by the telos of gender parity, but instead evolves as an ‘immanent critique’ of the key structural dynamics of contemporary capitalism – within a framework of analysis derived from the tenets of Critical Theory of Frankfurt School origin. This activates a form of critique whose double focus on (1) shared conceptions of justice; and (2) structural sources of injustice, allows criteria (...) of social justice to emerge from the identification of a broad pattern of societal injustice surpassing the discrimination of particular groups. In this light, women’s victimization is but a symptom of structural dynamics negatively affecting also the alleged winners in the classical feminist agenda of critique. The analysis ultimately produces a model of social justice in a formula of socially embedded autonomy that unites work, care, and leisure. (shrink)

_Contexts of Justice,_ highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a synthesis of (...) traditions and theories that leads to a truly original approach. Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society. (shrink)

In this article, I critique two conceptions from the history of academic philosophy regarding academic philosophers as shamans, deriving more community-responsible criteria for any future versions. The first conception, drawing on Mircea Eliade’s Shamanism (1951), is a transcultural figure abstracted from concrete Siberian practitioners. The second, drawing on Chicana theorist Gloria Anzaldúa’s Borderlands/La Frontera (1987), balances Eliade’s excessive abstraction with Indigenous American philosophy’s emphasis on embodied materiality, but also overemphasizes genetic inheritance to the detriment of environmental embeddedness. I therefore (...) conclude that any aspiring philosophical shaman must ground their bodily-material transformative linguistic practices in the practices and environments of their own concrete communities, including the nonverbal languages of bodily comportment, fashion, and dance, in pursuit of social justice for all, including sovereignty, ecological justice, and well-being for Indigenous peoples worldwide. (shrink)

It is argued that John Rawls’ theory of social justice as well as the contract argument for it are misleading, if not actually mistaken, in that they appear to take institutional features of societies as fundamental objects of moral evaluation. An alternative view: is expounded. Principles involving institutional features are only contingently related to principles involving the distribution of things people care about. These distributions are taken as the fundamental objects of moral evaluation. Social, political and economic institutions are (...) means to achieve more desirable distributions. It is argued that the alternative provides a more accurate reconstruction of the moral foundations of social-democratic liberalism than does Rawls’ theory. (shrink)

The Description for this book, Understanding Rawls: A Reconstruction and Critique of A Theory of Justice, will be forthcoming.

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude (...) that the Rawlsian approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

Kelsen wrote a book, much less known than his Reine Rechtslehre (Pure Theory of Law), called Was ist Gerechtigkeit (What is Justice), in which he attempts to show how and why several theories of justice, formulated by authors ranging from Greece to European Illuminism, are wrong. One of those concepts is Aristotle’s, as exposed in his Nichomachean Ethics. In this article, I argue that in order to show Aristotle wrong, Kelsen misinterprets his theory, then ignores the practical consequences (...) it implies. I attempt to demonstrate that, although highly influenced by the (retrograde) mores of his time, Aristotle’s theory can be useful to us today, which Kelsen denies. Finally, I present a challenge regarding one point raised by Kelsen which is particularly hard to reply. (shrink)

This important new study presents a systematic and definitive critique of Ronald Dworkin's highly influential theory of liberal equality. Focusing on the connection Dworkin attempts to establish between economic markets and liberal egalitarian political morality, the study examines his contention that markets have an indispensable role to play in the articulation of liberal ideals of distributive justice, individual liberty, and state neutrality. Subjecting the central tenents of this theory to sustained critical analysis, the author argues that Dworkin's attempt (...) to establish deep affinities between the market and equality is unsuccessful and his proposed solutions to some central controversies in political theory are seriously flawed. This powerful examination of the work of America's leading public philosopher reveals some timely lessons about the hazards and limitations of the market as a device for the articulation and realization of egalitarian justice. (shrink)

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 ...

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where (...) the rite of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

Many theories of global distributive justice are based on the assumption that all humans hold common ownership of the earth. As the earth is finite and our actions interconnect, we need a system of justice that regulates the potential appropriation of the common earth to ensure fairness. According to these theories, imposing limits and distributive obligations on private and public property arrangements may be the best mechanism for governing common ownership. We present a critique of the assumption (...) that this issue can be solved within the private–public property regime, arguing that the boundaries of this regime should not be taken for granted and that the growing literature on the democratic commons movement suggests how this can be accomplished. We consider that, if the earth is defined as a common, the private– public property paradigm must be open to questioning, and democratic commoners’ activities should be considered. (shrink)