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Distributive Justice

Distributive justice

Distributive justice concerns what is just or right with respect to the allocation of goods (or utility) in a society. It is often contrasted with procedural justice. Distributive justice concentrates on just outcomes, while procedural justice concentrates on just processes. The most prominent contemporary theorists of distributive justice are John Rawls and Robert Nozick. The two main types theories of distributive justice are end-state theories, and entitlement theories. An end-state theory looks at the distribution of goods among members of society at a specific time, and on that basis decides whether the distribution is just. For example, someone who looks at standard of living, absolute wealth, differences in wealth, or any such utilitarian standard to judge justice is using a type of end-state theory. People who hold equality to be important generally, if implicitly, rely on an end-state theory of justice. An entitlement theory looks at the history of the situation, and evaluates on that basis. For example, a free market relies on the notion that if you buy something from someone who rightfully owns it, then it is yours. This appeals to history - a past legitimate trade. The resulting distribution of goods is irrelevant to this view. People who hold non-aggression to be important generally, if implicitly, rely on an entitlement theory, since they look at the sequence of actions/transactions leading up the the current distribution. If goods were justly owned initially, and all later actions were non-aggressive and consensual, then the current distribution is just. (Cf: "Anarchy, State, and Utopia", Robert Nozick.) Socialists tend to favor end-state theories, while capitalists tend to favor entitlement theories.

External links


- [http://samvak.tripod.com/justice.html Dr. Sam Vaknin's page on distributive justice]
- [http://plato.stanford.edu/entries/justice-distributive/ Stanford Encyclopedia of Philosophy entry] Category: Ethics

Procedural justice

Procedural justice concerns the fairness of the processes by which decisions are made--as contrasted with the distributive justice (fairness in the distribution of rights or resources) and corrective justice (fairness in the rectification of wrongs). Some theories of procedural justice hold that a fair procedure can render the outcomes it produces just, even if they do not satisfy the requirements of distributive or corrective justice.

Perfect, Imperfect, and Pure Procedural Justice

In A Theory of Justice, the philosopher John Rawls distinguished three ideas of procedural justice: #Perfect procedural justice has two characteristics: (1) an independent criterion for what constitutes a fair or just outcome of the procedure, and (2) a procedure that guarantees that the fair outcome will be achieved. #Imperfect procedural justice shares the first characteristic of perfect procedural justice--there is an independent criterion for a fair outcome--but no method that guarantees that the fair outcome will be achieved. #Pure procedural justice describes situations in which there is no criterion for what constitutes a just outcome other than the procedure itself.

Three Models of Procedural Fairness

The theory of procedural justice is controversial, with a variety of views about what makes a procedure fair. These views tend to fall into three main families, which can be called the accuracy model, the balancing model, and the participation model.

The Outcomes Model

The idea of the outcomes model of procedural justice is that the fairness of process depends on the procedure producing correct outcomes. For example, if the procedure is a criminal trial, then the correct outcome would be conviction of the guilty and exonerating the innocent. If the procedure were a legislative process, then the procedure would be fair to the extent that it produced good legislation and unfair to the extent that it produced bad legislation. This has many limitations. Principally, if two procedures produced equivalent outcomes, then they are equally just according to this model. However, as the next two sections explain, there are other features about a procedure that make it just or unjust. For example, many would argue that a benevolent dictatorship is not (as) just as a democratic state (even if they have similar outcomes).

The Balancing Model

Some procedures are costly. The idea of the balancing model is that a fair procedure is one which reflects a fair balance between the costs of the procedure and the benefits that it produces. Thus, a balancing approach to procedural fairness might accept erroneous verdicts in order to reduce the costs of criminal process.

The Participation Model

The idea of the participation model is that a fair procedure is one that affords those who are affected an opportunity to participate in the making of the decision. In the conxtext of a trial, for example, the participation model would require that the defendant be afforded an opportunity to be present at the trial, to put on evidence, cross examination witnesses, and so forth.

Due Process and Natural Justice

The idea of procedural justice is especially influential in the law. In the United States, for example, a concern for procedural justice is reflected in the Due Process clauses of the United States Constitution. In other common law countries, this same idea is sometimes called natural justice.

References

#Robert Bone, Agreeing to Fair Process: The Problem with Contractarian Theories of Procedural Fairness, 83 Boston University Law Review 485 (2003). #Ronald Dworkin, Principle, Policy, Procedure in A Matter of Principle (1985). #Louis Kaplow, The Value of Accuracy in Adjudication: An Economic Analysis, 23 Journal of Legal Studies 307 (1994). #Bruce Hay, Procedural Justice--Ex Ante vs. Ex Post, 44 UCLA Law Review 1803 (1997). #John Rawls, A Theory of Justice (1971). #Lawrence Solum, [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=508282 Procedural Justice] (2004).

Robert Nozick

__NOTOC__ Robert Nozick (November 16, 1938January 23, 2002) was an American philosopher and Pellegrino University Professor at Harvard University. Nozick, schooled at Columbia and Princeton, was among the leading figures in contemporary Anglo-American philosophy, making significant contributions to almost every major area of philosophy. His Anarchy, State, and Utopia (1974) was a libertarian answer to John Rawls's A Theory of Justice, published in 1971. He was married to the American poet Gjertrud Schnackenberg. Nozick's Anarchy, State, and Utopia, which garnered a National Book Award the following year, argues among other things, that a distribution of goods is just, so long as the distribution was brought about by free exchanges by consenting adults and were made from a just starting position, even if large inequalities emerge from the process. Nozick appealed to the Kantian idea that people should be treated as rational beings, not merely as a means. For example, forced redistribution of income treated people as if they were merely sources of money. Nozick here challenges John Rawls's arguments in A Theory of Justice that conclude that just inequalities in distribution must benefit the least well off. Nozick himself later recanted the extreme libertarian views he had earlier expressed in Anarchy, State, and Utopia in one of his last books, The Examined Life calling those views "seriously inadequate." In a 2001 interview, however, he clarified his position: "What I was really saying in The Examined Life was that I was no longer as hardcore a libertarian as I had been before. But the rumors of my deviation (or apostasy!) from libertarianism were much exaggerated." [http://www.juliansanchez.com/nozick.html] In Philosophical Explanations (1981) Nozick provides novel accounts of knowledge, free will, and the nature of value. The Examined Life (1989), pitched to a broader public, explores love, death, faith, reality, and the meaning of life. The Nature of Rationality (1993) presents a theory of practical reason that attempts to embellish notoriously spartan classical decision theory. Socratic Puzzles (1997) is a collection of papers that range from Ayn Rand and Austrian economics to animal rights, while his last production, Invariances (2001) applies insights from physics and biology to questions of objectivity in such areas as the nature of necessity and moral value. Nozick was notable for his curious, exploratory style and methodological ecumenism. Often content to raise tantalizing philosophical possibilities and then leave judgment to the reader, Nozick was also notable for inventively drawing from literature outside of philosophy (e.g., economics, physics, evolutionary biology) to infuse his work with freshness and relevance. Nozick died in 2002 after a prolonged struggle with cancer. His remains are interred at Mount Auburn Cemetery in Cambridge, Massachusetts.

Nozick and the Gettier problem

Philosophical Explanations addresses many knotty issues, among them the problem of how to define knowledge in the wake of the work of Edmund Gettier, who had offered convincing counter-examples to the classical Platonic definition. Nozick offers a review of the (already in 1981 abundant) literature on this subject and then suggests his own solution, called the Truth-Tracking view. P is an instance of knowledge when: #p is true #S believes that p #if p weren't true, S wouldn't believe that p #if p were true, S would believe that p In other words, Nozick replaces Platonic justification with subjunctive conditionality.

See also


- Liberalism
- Contributions to liberal theory
- Libertarianism
- Minarchism

References


- Nozick, Robert (1974). [http://www.questia.com/PM.qst?a=o&d=98057968 Anarchy, State, and Utopia]. Basic Books.
- Robinson, Dave & Groves, Judy (2003). Introducing Political Philosophy. Icon Books. ISBN 1-84046-450-X.

External links


- [http://www.hno.harvard.edu/gazette/2002/01.17/99-nozick.html Philosopher Nozick dies at 63] From the Harvard Gazette
- [http://www.news.harvard.edu/gazette/2004/05.06/18-mm.html Robert Nozick Memorial minute]
- [http://www.missouri.edu/~philrnj/nozick.html A summary of the political philosophy of Robert Nozick] by R. N. Johnson
- [http://www.warwick.ac.uk/staff/S.L.Hurley/papers/antnpdd.pdf Nozick on Newcomb's Problem and Prisoners' Dilemma] by S. L. Hurley
- [http://www.humanities.mq.edu.au/Ockham/y64l17.html Robert Nozick: Against Distributive Justice] by R.J. Kilcullen
- [http://www.cato.org/pubs/policy_report/cpr-20n1-1.html Why Do Intellectuals Oppose Capitalism?] by Robert Nozick
- [http://dmoz.org/Society/Philosophy/Philosophers/N/Nozick,_Robert/ Open Directory Project - Robert Nozick] directory category Nozick, Robert Nozick, Robert Nozick, Robert Nozick, Robert Nozick, Robert Nozick, Robert Nozick, Robert Nozick, Robert Nozick, Robert



Category:Ethics

This category puts articles relevant to well-known ethical (right and wrong, good and bad) debates and decisions in one place - including practical problems long known in philosophy, and the more abstract subjects in law, politics, and some professions and sciences. It lists also those core concepts essential to understanding ethics as applied in various religions, some movements derived from religions, and religions discussed as if they were a theory of ethics making no special claim to divine status. The category also includes articles on non-ethics topics or fictional works or part of works that include a substantial ethical debate. Category:Culture Category:Branches of philosophy category:Social institutions Category:Environmental science ko:분류:윤리

Cadillac Type 51

The Cadillac Type 51 was a large, luxurious automobile introduced in September 1914. The similar Types 53, 55, 57, 59, and 61 lasted through 1923, when the design was substantially updated as the Type V-63. All of these models used a new L-head V8 engine, one of the first V8 engines ever mass produced and a substantial differentiator for the marque. All bodies were built by Fisher. The Type 51 was also the first left-hand drive Cadillac—all previous models had been right-hand drive, which was continued as an option. Wheelbases varied in those years, with 122 in (3099 mm) at the low end and 145 in (3683 mm) as the longest. In May, 1916, Erwin "Cannonball" Baker and William Sturm drove a Cadillac from Los Angeles to New York in 7 days, 11 hours, and 52 minutes. 51

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