The whole procedure of persons choosing principles in Rawls’ original position presupposes that no historical-entitlement conception of justice is correct. A philosophically rich defense of libertarian views. But we do not need any particular developed historical-entitlement theory as a basis from which to criticize Rawls’ construction. If there is no moral reason why people differ in certain traits, then their actually differing in these traits does not provide, and cannot give rise to, a moral reason why they should differ in other traits (for example, in holdings).Therefore. Compare the manner in which the market is neutral among persons’ desires, as it reflects and transmits widely scattered information via prices, and coordinates persons’ activities. Anarchy State and Utopia Chapter 7 Summary. (There’s no talk here of inextricably entangled joint product; it’s known to whom incentives are to be offered, or at least to whom a bonus is to be paid after the fact.) Any state more extensive violates people’s rights. The complicated truth about this subject (with placeholders for conventional details) we shall call the principle of justice in transfer. But it is difficult to see an argument for this; surely not all persons who cooperate together explicitly agree to this presumption as one of the terms of their mutual cooperation. A distribution is just if it arises from another just distribution by legitimate means. This is not to say, of course, that the entitlement principle (or “the principle of natural liberty”) couldn’t be written on the list of principles to be considered by those in the original position. It is not that persons who did deserve their natural endowments would choose differently if placed in Rawls’ original position, but rather that, presumably, for such persons, Rawls would not hold that the principles of justice to govern their mutual relations were fixed by what they would choose in the original position. Nor would someone else’s purchasing the total supply of the synthesized substance from the medical researcher. In this chapter we consider the claim that a more extensive state is justified, because necessary (or the best instrument) to achieve distributive justice; in the next chapter we shall take up diverse other claims. The fundamental principles they agree to, the ones they can all converge in agreeing upon, must be end-state principles. There is another route to a patterned conception of justice that, perhaps, should be mentioned. Is it now impossible to disentangle people’s respective contributions? Consider, as an example, the principle of distribution according to moral merit. If the proviso excludes someone’s appropriating all the drinkable water in the world, it also excludes his purchasing it all. Surely then no contract argument should be structured so as to preclude process principles being the fundamental principles of distributive justice by which to judge the institutions of a society; no contract argument should be structured so as to make it impossible that its results be of the same sort as the assumptions upon which it rests.30 If processes are good enough to found a theory upon, they are good enough to be the possible result of the theory. His mistake lies in his view of what entitlements arise out of what sorts of productive processes. To focus upon the benefits of the better and the worse endowed cooperating together, we must try to imagine less extensive schemes of partitioned social cooperation in which the better endowed cooperate only among themselves and the worse endowed cooperate only among themselves, with no cross-cooperation. The basic structure can be arranged so that these contingencies work for the good of the least fortunate.44. But since things come into being already held (or with agreements already made about how they are to be held), there is no need to search for some pattern for unheld holdings to fit; and since the process whereby holdings actually come into being or are shaped, itself needn’t realize any particular pattern, there is no reason to expect any pattern to result. It is a fountain of illuminating ideas, integrated together into a lovely whole. An application of the principle of maximizing the position of those worst off might well involve forceable redistribution of bodily parts (“You’ve been sighted for all these years; now one—or even both—of your eyes is to be transplanted to others”), or killing some people early to use their bodies in order to provide material necessary to save the lives of those who otherwise would die young.29 To bring up such cases is to sound slightly hysterical. Part 11 Sep-22-17. Utopias. (But we can imagine a gradation of systems of forced labor, from one that specifies a particular activity, to one that gives a choice among two activities, to … ; and so on up.) But even these, if they object to forced labor, would oppose forcing unemployed hippies to work for the benefit of the needy.as And they would also object to forcing each person to work five extra hours each week for the benefit of the needy. Why think the same results should obtain for situations where there are differential entitlements as for situations where there are not? What is it about social cooperation that gives rise to issues of justice? Chapter 7 Reading Notes: Internal Control: • Fraud is the act of deception in which a business including employees or management use to receive personal gain. Of course, continues the argument, the fundamental principles under consideration will run afoul of these entitlements, for the principles are to operate at a deeper level than such entitlements. There is another way to deal with them. A utilitarian or an egalitarian or any mixture of the two over time will inherit the difficulties of his more myopic comrades. That from a just situation a situation could have arisen via justice-preserving means does not suffice to show its justice. They are now gathered together, having no idea of the grade any one of them has received, and they are asked to allocate grades among themselves so that the grades total to a given sum (which is determined by the sum of the grades they actually have received from the teacher). Unsuccessful in our quest for a convincing positive argument to connect the claim that people don’t deserve their natural assets with the conclusion that differences in holdings ought not to be based upon differences in natural assets, we now turn to what we called the negative argument: the use of the claim that people don’t deserve their natural assets to rebut a possible counterargument to Rawls’ view. THE ORIGINAL POSITION AND END-RESULT PRINCIPLES. Rawls would have us imagine the worse-endowed persons say something like the following: “Look, better endowed: you gain by cooperating with us. On what basis could the inequalities that would eventuate be forbidden? Therefore, I shall focus upon those generally acknowledged to be most weighty and influential, to see precisely wherein they fail. Is the situation of persons who are unable to appropriate (there being no more accessible and useful unowned objects) worsened by a system allowing appropriation and permanent property? Since no glimmer of entitlement principles is built into the structure of the situation of persons in the original position, there is no way these principles could be selected; and Rawls’ construction is incapable in principle of yielding them. In his book Anarchy, State, and Utopia (1974) Robert Nozick developed a well-known theory of natural rights understood as side constraints. It is a book which merits the careful attention—and as such it will require the careful attention—of all persons concerned with moral, social, or legal theory. Buy Anarchy, State, and Utopia Unabridged by Nozick, Robert (ISBN: 9781520078175) from Amazon's Book Store. People are choosing to make exchanges with other people and to transfer entitlements, with no restrictions on their freedom to trade with any other party at any mutually acceptable ratio.19 Why does such sequential social cooperation, linked together by people’s voluntary exchanges, raise any special problems about how things are to be distributed? This right of selecting the alternative to be realized from the constrained set of alternatives may be held by an individual or by a group with some procedure for reaching a joint decision; or the right may be passed back and forth, so that one year I decide what’s to become of X, and the next year you do (with the alternative of destruction, perhaps, being excluded). Michael Walzer, “The Communitarian Critique of Liberalism,” Political Theory 18 (1990): 6–23. What principle would be selected? P’s not doing A is responsible for Q’s being in situation S; P’s not doing A causes Q to be in S.only if we also believe that, 5. In contrast to end-result principles of justice, historical principles of justice hold that past circumstances or actions of people can create differential entitlements or differential deserts to things. Things come into the world already attached to people having entitlements over them. If people have X, and their having X (whether or not they deserve to have it) does not violate anyone else’s (Lockean) right or entitlement to X, and Y flows from (arises out of, and so on) X by a process that does not itself violate anyone’s (Lockean) rights or entitlements, bi then the person is entitled to Y. I shall not attempt that task here. How shall we measure its costs (and in a way so that they are comparable to its benefits)? 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