display all the ideas for this combination of texts
15 ideas
| 20995 | Capabilities are part of freedom, involving real opportunities [Sen] |
| Full Idea: Capability is an aspect of freedom, concentrating in particular on substantive opportunities. | |
| From: Amartya Sen (The Idea of Justice [2009], 13 'Well-being') | |
| A reaction: This is the 'capabilities approach' of Sen and Nussbaum. The key word is 'substantive' (as opposed to theoretical). We are all free to become astronauts, but.... |
| 20998 | Freedom can involve capabilities, independence and non-interference [Sen] |
| Full Idea: There is no embarrassment in accommodating several distinct features within the idea of freedom, focusing respectively on capability, lack of dependence and lack of interference. | |
| From: Amartya Sen (The Idea of Justice [2009], 14 'Capability') | |
| A reaction: This relates to Berlin's distinction between negative and positive rights. |
| 19845 | A person is free to renounce their state, as long as it is not a moment of crisis [Grotius, by Rousseau] |
| Full Idea: Grotius thinks that each person can renounce his state and leave the country. (n15: provided it is not to evade one's duty the moment the homeland needs us; this would be criminal and punishable; it would not be withdrawal, but desertion) | |
| From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Jean-Jacques Rousseau - The Social Contract (tr Cress) III.18 | |
| A reaction: The obvious example is Britons going to America in 1939, or (more controversially) conscripts going to Canada to avoid fighting in Vietnam. I'm unclear whether the idea in the note is that of Grotius or of Rousseau). Is tax exile OK, then? |
| 20997 | The need for equality among people arises from impartiality and objectivity [Sen] |
| Full Idea: The demand for seeing people as equals (in some important perspective) relates to the normative demand for impartiality, and the related claims of objectivity. | |
| From: Amartya Sen (The Idea of Justice [2009], 14 'Equality') | |
| A reaction: Either impartiality already contains (analytically) the concept of equality, or the principle of sufficient reason must be invoked. True impartiality removes any reason for preferring one person to another. But what if preference is 'to my taste'? |
| 20996 | All modern theories of justice demand equality of something [Sen] |
| Full Idea: Every normative theory of social justice that has received support and advocacy in recent times seems to demand equality of something. | |
| From: Amartya Sen (The Idea of Justice [2009], 14 Intro) | |
| A reaction: He mentions liberties, income, rights and utilities. |
| 20988 | Freedom from torture or terrorist attacks is independent of citizenship [Sen] |
| Full Idea: The human right of a person not to be tortured or subjected to terrorist attacks is affirmed independently of the country of which this person is a citizen. | |
| From: Amartya Sen (The Idea of Justice [2009], 06 'Exclusionary') | |
| A reaction: If rights can only be enshrined in a legal system, then I presume all systems of legal rights should ensure rights like these, irrespective of their nation. A universal charter of rights for tourists and alien residents? |
| 20980 | You don't need a complete theory of justice to see that slavery is wrong [Sen] |
| Full Idea: It was the diagnosis of an intolerable injustice in slavery that made abolition an overwhelming priority, and this did not require a search for a consensus on what a perfectly just society would look like. | |
| From: Amartya Sen (The Idea of Justice [2009], Intro 'Classical') | |
| A reaction: This illustrates Sen's key points, that we should focus on injustices, which are obvious, and that designing a totally just society has little relevance to justice in practice (which is what matters). Well said. |
| 20978 | Practical justice concerns not only ideals, but ways to achieve them [Sen] |
| Full Idea: A theory of justice that can serve as the basis of practical reason must include ways of judging how to reduce injustice and advance justice, rather than aiming only at the characterisation of perfectly just societies. | |
| From: Amartya Sen (The Idea of Justice [2009], Pref 'What') | |
| A reaction: Sounds simple, but this is Amartya Sen's revolutionary new idea - that justice is not just ideals and opportunities, but what sort of life people actually end up with. |
| 20985 | Our institutions should promote justice, rather than embodying it [Sen] |
| Full Idea: We have to seek institutions that promote justice, rather than treating the institutions as themselves manifestations of justice. | |
| From: Amartya Sen (The Idea of Justice [2009], 03 'Institutions') | |
| A reaction: The best quote I can find for summarising Sen's view. He criticises Rawls and others for trying to design institutions that embody justice. Our legal system promotes justice. Do our schools and hospitals? The Department for the Promotion of Justice? |
| 20994 | We must focus on removing manifest injustice, not just try to design a perfect society [Sen] |
| Full Idea: The demands of justice must give priority to the removal of manifest injustice, rather than concentrating on the long-distance search for the perfectly just society. | |
| From: Amartya Sen (The Idea of Justice [2009], 12 'Disability') | |
| A reaction: So the point is not to understand the world, but to change it? I'd want to put in a word for the theoretical and idealised project, which I see in terms of writing the perfect constitution. You can't just pick off injustices, perceived intuitively. |
| 21000 | If justice needs public reasoning, which needs democracy, then justice and democracy are linked [Sen] |
| Full Idea: If the demands of justice can be assessed only with the help of public reasoning, and that is constitutively related to the idea of democracy, then there is an intimate connection between justice and democracy. | |
| From: Amartya Sen (The Idea of Justice [2009], 15 'Content') | |
| A reaction: I suspect that he argued early on that rationality required many perspectives in order to later mount this defence of democracy. |
| 22133 | Grotius and Pufendorf based natural law on real (rather than idealised) humanity [Grotius, by Ford,JD] |
| Full Idea: Grotius and Pufendorf transformed the natural law tradition by starting from identifiable traits of human nature rather than ideas about what human beings ought to be. | |
| From: report of Hugo Grotius (On the Law of War and Peace [1625]) by J.D. Ford - Pufendorf, Samuel p.863 |
| 7406 | A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm [Grotius, by Tuck] |
| Full Idea: For Grotius, there was a fundamental 'natural right' of self-preservation upon which all known moralities and codes of social behaviour must have been constructed, but it is balanced by a fundament duty or 'natural law' to abstain from harming others. | |
| From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.2 | |
| A reaction: This theory has the virtue of economy, but I don't see how you can clearly justify those particular natural rights and laws, without allowing others to creep in, such as a right to a decent share of food, or a law requiring some fairness. |
| 7403 | Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck] |
| Full Idea: Grotius said there was a minimum core of morality (based on self-preservation), and disregarded the elaborate accounts of principles of natural law which Aristotelians had always sought to develop. | |
| From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1 | |
| A reaction: Aquinas would be the key Aristotelian here. I tend towards the Aristotelian view. If you go for the minimal view, it is not clear why there is a 'right' to self-preservation, rather than a mere desire for it. |
| 23585 | It is permissible in a just cause to capture a place in neutral territory [Grotius] |
| Full Idea: It is permissible for one who is waging a just war to take possession of a place situated in a country free from hostilities. | |
| From: Hugo Grotius (On the Law of War and Peace [1625], II.ii.x), quoted by Michael Walzer - Just and Unjust Wars 15 n | |
| A reaction: This rejects Combatant Equality, allowing the just to do what is morally forbidden to the unjust. |