Combining Texts

All the ideas for 'fragments/reports', 'Declaration of the Rights of Man' and 'A Theory of Justice'

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23 ideas

21. Aesthetics / C. Artistic Issues / 7. Art and Morality
Musical performance can reveal a range of virtues [Damon of Ath.]
     Full Idea: In singing and playing the lyre, a boy will be likely to reveal not only courage and moderation, but also justice.
     From: Damon (fragments/reports [c.460 BCE], B4), quoted by (who?) - where?
22. Metaethics / A. Ethics Foundations / 2. Source of Ethics / e. Human nature
Human injustice is not a permanent feature of communities [Rawls]
     Full Idea: Men's propensity to injustice is not a permanent aspect of community life.
     From: John Rawls (A Theory of Justice [1972], p.245), quoted by John Kekes - Against Liberalism
     A reaction: This attitude is dismissed by Kekes, with some justification, as naïve optimism. What could be Rawls's grounds for making such a claim? It couldn't be the facts of human history.
22. Metaethics / C. The Good / 1. Goodness / c. Right and good
Rawls defends the priority of right over good [Rawls, by Finlayson]
     Full Idea: Rawls defends the thesis of the priority of the right over the good.
     From: report of John Rawls (A Theory of Justice [1972]) by James Gordon Finlayson - Habermas Ch.7:100
     A reaction: It depends whether you are talking about actions, or about states of affairs. I don't see how any state of affairs can be preferred to the good one. It may be that the highest duty of action is to do what is right, rather than to achieve what is good.
23. Ethics / B. Contract Ethics / 1. Contractarianism
A fair arrangement is one that parties can agree to without knowing how it will benefit them personally [Rawls, by Williams,B]
     Full Idea: Rawls's theory is an elaboration of a simple idea: a fair system of arrangements is one that the parties can agree to without knowing how it will benefit them personally.
     From: report of John Rawls (A Theory of Justice [1972]) by Bernard Williams - Ethics and the Limits of Philosophy Ch.5
     A reaction: The essence of modern Kantian contractualism. It is an appealing principle for building a rational world, but I hear Nietzsche turning in his grave.
23. Ethics / E. Utilitarianism / 1. Utilitarianism
Utilitarianism inappropriately scales up the individual willingness to make sacrifices [Rawls, by Nagel]
     Full Idea: Rawls claims that utilitarianism applies to the problem of many interests a method appropriate for one individual. A single person may accept disadvantages in exchange for benefits, but in society other people get the benefits.
     From: report of John Rawls (A Theory of Justice [1972], p.74,104) by Thomas Nagel - Equality §7
24. Political Theory / A. Basis of a State / 4. Original Position / a. Original position
Why does the rational agreement of the 'Original Position' in Rawls make it right? [Nagel on Rawls]
     Full Idea: Why does what it is rational to agree to in Rawls' 'Original Position' determine what is right?
     From: comment on John Rawls (A Theory of Justice [1972]) by Thomas Nagel - Equality §7
The original position models the idea that citizens start as free and equal [Rawls, by Swift]
     Full Idea: The original position is presented by Rawls as modelling the sense in which citizens are to be understood as free and equal.
     From: report of John Rawls (A Theory of Justice [1972]) by Adam Swift - Political Philosophy (3rd ed) 3 'Strikes'
     A reaction: In other words, Rawls's philosophy is not a demonstration of why we should be liberals, but a guidebook for how liberals should go about organising society.
24. Political Theory / A. Basis of a State / 4. Original Position / b. Veil of ignorance
Choose justice principles in ignorance of your own social situation [Rawls]
     Full Idea: The principles of justice are chosen behind a veil of ignorance. ...Since all are similarly situated and no one is able to design principles to favor his particular condition, the principles of justice are the rest of a fair agreement or bargain.
     From: John Rawls (A Theory of Justice [1972], §03)
     A reaction: A famous idea. It tries to impose a Kantian impartiality onto the assessment of political principles. It is a beautifully simple idea, and saying that such impartiality never occurs is no objection to it. Think of a planet far far away.
24. Political Theory / A. Basis of a State / 4. Original Position / c. Difference principle
All desirable social features should be equal, unless inequality favours the disadvantaged [Rawls]
     Full Idea: All social primary goods - liberty and opportunity, income and wealth, and the bases of self-respect - are to be distributed equally unless an unequal distribution of any or all of these goods is to the advantage of the least favoured.
     From: John Rawls (A Theory of Justice [1972], §46)
     A reaction: In the wholehearted capitalism of the 21st century this sounds like cloud-cuckoo land. As an 'initial position' (just as in the 'Republic') the clean slate brings out some interesting principles. Actual politics takes vested interests as axiomatic.
24. Political Theory / B. Nature of a State / 1. Purpose of a State
The purpose of society is to protect the rights of liberty, property, security and resistance [Mirabeau/committee]
     Full Idea: The aim of all political associations is the conservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 02)
     A reaction: Radical thinkers will obviously be doubtful about property being on the list, because that entrenches huge inequalities, between peasants and their landlords. Resistance to oppression will bother the likes of Edmund Burke.
24. Political Theory / B. Nature of a State / 2. State Legitimacy / d. General will
The law expresses the general will, and all citizens can participate [Mirabeau/committee]
     Full Idea: The law is the expression of the general will. All citizens have the right to take part in person or through their representatives in its formulation. It must be the same for all, whether it protects or whether it punishes.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 06)
     A reaction: Now you are wondering who qualifies as a 'citizen'. Rousseau would have been excited until he found that the citizens could send 'representatives', instead of voting themselves. Rousseau aimed at foundational laws, not all of the laws.
24. Political Theory / B. Nature of a State / 3. Constitutions
There is only a constitution if rights are assured, and separation of powers defined [Mirabeau/committee]
     Full Idea: Any society in which the guarantee of Rights is not assured, nor the separation of Power determined, has no Constitution.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 16)
     A reaction: I wonder if they had Britain in mind with this one? The British latched onto Magna Carta in the early 19th century, because it offered some semblance of a constitution.
24. Political Theory / D. Ideologies / 4. Social Utilitarianism
Utilitarians lump persons together; Rawls somewhat separates them; Nozick wholly separates them [Swift on Rawls]
     Full Idea: Rawls objects to utilitarianism because it fails to take seriously the separateness of persons (because there is no overall person to enjoy the overall happiness). But Nozick thinks Rawls does not take the separateness of persons seriously enough.
     From: comment on John Rawls (A Theory of Justice [1972]) by Adam Swift - Political Philosophy (3rd ed) 1 'Nozick'
     A reaction: In this sense, Nozick seems to fit our picture of a liberal more closely than Rawls does. I think they both exaggerate the separateness of persons, based on a false concept of human nature.
24. Political Theory / D. Ideologies / 6. Liberalism / g. Liberalism critique
Rawls's account of justice relies on conventional fairness, avoiding all moral controversy [Gray on Rawls]
     Full Idea: Rawls's account of justice works only with widely accepted intuitions of fairness and relies at no point on controversial positions in ethics. The fruit of this modesty is a pious commentary on conventional moral beliefs.
     From: comment on John Rawls (A Theory of Justice [1972]) by John Gray - Straw Dogs 3.6
     A reaction: Presumably this is the thought which provoked Nozick to lob his grenade on the subject. It resembles the charges of Schopenhauer and Nietzsche against Kant, that he was just dressing up conventional morality. Are 'controversial' ethics good?
25. Social Practice / A. Freedoms / 2. Freedom of belief
No one should be molested for their opinions, if they do not disturb the established order [Mirabeau/committee]
     Full Idea: No man is to be molested on account of his opinions, even his religious opinions, provided that their manifestation does not disturb the public order established by law.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 10)
     A reaction: Virtually any opinion will 'disturb' the established order a little bit, so this gives the option of suppressing quite mild beliefs, on the grounds of their small disturbance. It is still a wonderful proposal, though.
25. Social Practice / A. Freedoms / 3. Free speech
Free speech is very precious, and everyone may speak and write freely (but take responsibility for it) [Mirabeau/committee]
     Full Idea: The free communication of thoughts and opinions is one of man's most precious rights. Every citizen may therefore speak, write, and publish freely; except that he shall be responsible for the abuse of that freedom in cases determined by law.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 11)
     A reaction: Wonderful, and very nicely expressed. Tom Paine will have been a huge influence on this clause.
25. Social Practice / A. Freedoms / 5. Freedom of lifestyle
Liberty Principle: everyone has an equal right to liberties, if compatible with others' liberties [Rawls]
     Full Idea: First Principle [Liberty]: Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.
     From: John Rawls (A Theory of Justice [1972], 46)
     A reaction: This is the result of consensus after the initial ignorant position of assessment. It is characteristic of liberalism. I'm struggling to think of a disagreement.
25. Social Practice / B. Equalities / 2. Political equality
All citizens are eligible for roles in the state, purely on the basis of merit [Mirabeau/committee]
     Full Idea: All citizens being equal in the eyes of the law are equally eligible to all honours, offices, and public employments, according to their abilities and without other distinction than that of their virtues and talents.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 06)
     A reaction: This proclamation of meritocracy must have rung bells around the cities of Europe, and was a reason why many people enjoyed being invaded by Napoleon.
25. Social Practice / C. Rights / 4. Property rights
Property is a sacred right, breached only when essential, and with fair compensation [Mirabeau/committee]
     Full Idea: Since property is an inviolable and sacred right, no man may be deprived of it except when public necessity, lawfully constituted, evidently requires it; and on condition that a just indemnity be paid in advance.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 17)
     A reaction: This covers compulsory purchase orders. Is the ownership of slaves inviolable? Will aristocrats be compensated for the confiscation of their vast estates?
25. Social Practice / D. Justice / 1. Basis of justice
The social contract has problems with future generations, national boundaries, disabilities and animals [Rawls, by Nussbaum]
     Full Idea: Rawls saw four difficulties for justice in the social contract approach: future generations; justice across national boundaries; fair treatment of people with disabilities; and moral issues involving non-human animals.
     From: report of John Rawls (A Theory of Justice [1972]) by Martha Nussbaum - Creating Capabilities 4
     A reaction: These are all classic examples of groups who do not have sufficient power to negotiate contracts.
Justice concerns not natural distributions, or our born location, but what we do about them [Rawls]
     Full Idea: The natural distribution is neither just nor unjust; nor is it unjust that persons are born into society at some particular position. These are simply natural facts. What is just and unjust is the way that institutions deal with these facts.
     From: John Rawls (A Theory of Justice [1972], 17)
     A reaction: Lovely quotation. There is no point in railing against the given, and that includes what is given by history, as well as what is given by nature. It comes down to intervening, in history and in nature. How much intervention will individuals tolerate?
25. Social Practice / E. Policies / 1. War / b. Justice in war
If an aggression is unjust, the constraints on how it is fought are much stricter [Rawls]
     Full Idea: When a country's right to war is questionable and uncertain, the constraints on the means it can use are all the more severe.
     From: John Rawls (A Theory of Justice [1972], p.379), quoted by Michael Walzer - Just and Unjust Wars 14
     A reaction: This is Rawls opposing the idea that combatants are moral equals. The restraints are, of course, moral. In practice aggressors are usually the worst behaved.
25. Social Practice / E. Policies / 4. Taxation
Everyone must contribute to the state's power and administration, in just proportion [Mirabeau/committee]
     Full Idea: For the maintenance of public force and the expenses of administration, a common contribution is indispensable. It must be equally apportioned among all citizens according to their abilities.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 13)
     A reaction: Presumably this enshrines graduated income tax, an eighteenth century invention. Could you contribute just by your labour, or by fighting for the army? Those may be greater contributions than mere money.