Social Justice
Social Justice
Social Justice
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Social Justice
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Jean‐Philippe Deranty
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Social justice concerns the fairness with which the goods and the burdens arising from
collective life are shared amongst members of society. The main questions that are raised by the
problem of social justice therefore relate to the different dimensions involved in the distribution
of social goods : what are the different types of social goods to be distributed? What are the
principles underpinning a fair distribution? What are the agents and processes ensuring that the
distribution of social goods is fair?
The concept of justice has several dimensions. It is one of the cardinal virtues of the
rational individual in his or her dealings with others; it is the bedrock of the legal system; and it
is the critical point from which judgement are made over the various ways in which society
functions. Underneath these different dimensions and fields of application, a common unity of
meaning exists, if justice is simply defined as “giving each their due”. On that definition, social
justice is the kind of justice that is to be achieved when the social arrangements make it possible
for everyone to receive their due. Whilst there are many dimensions to justice in general, social
justice is concerned more specifically with the just distribution of resources resulting from the
economic, political and cultural organisation of the community. Questions about social justice
are therefore questions about the organisation of just distribution in society, it denotes “the just
state of affairs ... in which each individual has exactly those benefits and burdens which are due
to him by virtue of his personal characteristics and circumstances” (Miller 1975, 20), or in Rawl’s
famous statement: “the adequate repartition of benefits and burdens arising from social
cooperation” (Rawls 1999, 4).
Even though philosophical reflection on justice has from the beginning identified the
distributive dimension inherent in it (Aristotle 2000), the issue of a just distribution of social
benefits and burdens was only identified as a problem with the rise of market societies, in which
on the one hand basic individual rights were granted to ever greater sections of the population,
whilst on the other capitalistic forms of work organisation and the attendant social structure
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created such extreme forms of economic and social inequality that they were increasingly put
under the pressure of justification, were increasingly deemed unjustifiable. In brief, it is not
inappropriate to claim that the question of social justice arose with the rise of the “social
question”.
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poverty and all forms of discrimination (racism, sexism), demanding a full making explicit of the
principles of social justice.
The first set of issues arising from the demand for social justice in modern societies
centres on the criteria by which social goods are to be distributed fairly. Three principles guide
possible redistribution based on the entitlements individuals and groups can claim on society as
something due to them: entitlements understood as rights; as based on individual needs; or, as
something that they deserve.
The discussion touches first of all on the proper definition and interpretation of each of
those principles, on whether any of the three can be reduced to another principle, and how they
are to be articulated with each other.
All contemporary theories make rights an indispensable foundation of social justice,
indeed, in many accounts, social justice is synonymous with the claiming of rights. One
particularly strong account in contemporary political thought follows the classical Kantian
definition of rights as material expression and entrenchment of moral autonomy, of an
individual’s status as ‘end in itself” based on the latter’s capacity for freedom, but characterises
this autonomy in the terms of ‘self-ownership’, and by derivation makes ownership, in other
words property rights, the direct expression and extension of an individual’s autonomy. On such
an account of rights, any redistributive mechanism is an encroachment upon freedom and
therefore constitutes a fundamental injustice (Nozik 1974). Consequently, the fact of socially
produced inequality is not sufficient by itself to justify redistribution. Emphasising the link
between rights and social justice can lead to a rejection of the link between justice and
redistribution. By contrast, egalitarian accounts that focus on the modes and justifications of
redistributive mechanisms assume that fundamental rights are to be secured and entrenched in
the “well-ordered society” and conceptualise individual entitlements on social wealth and
socially produced opportunities as goods upon which disadvantaged individuals have rightful
claims. In that case, the link between social justice and rights is again inherent, but in a very
different sense and with very different political outcomes.
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A second principle to organise a fair distribution of social primary goods is that the latter
should reward those who deserve it, have earned it: greater income for those who have worked
harder or produced more, or produced socially valued goods; a high social status for those who
have achieved socially valued activities; educational opportunities, for instance entrance to
university, for those who have proven their worth at an earlier level of study, and so on. The
core problem here revolves around the criteria by which social achievements are to be
measured. A basic alternative lies between the reward of effort spent, as opposed to the value
of the social contribution made. Discussions on this are as intractable as the intuition is
pervasive, that social justice consists to a significant extent in giving their due to those who
deserve it.
One particularly significant mode of elaborating the principles of merit is through the
principle of equality of opportunity. Equality of opportunity represents a core element of a
contemporary understanding of social justice. The principle elaborates on the idea that, in
situations where opportunities have been equalised through the removal of discriminations
based on gender, race or any other unjustifiable criterion, those who acquire a greater amount
of social goods through their own decisions and actions are entitled to them. Indeed, it would
be an injustice to deny them the benefits that have accrued from their own actions, and it is in
fact one of the main stakes of justice to strive for a state of society in which discriminations have
been abolished so that each individual can strive to secure the social goods attached to his or
her own life plan.
This central principle however runs up against a central objection of contemporary
political philosophy: namely, the fact that natural inequalities are as little relevant in moral
terms as socially produced ones. Accordingly, it is actually mistaken to assume that greater
achievements, however they are defined, simply ought to attract greater social rewards, if they
are based on capacities that have simply been inherited. Much theorising in contemporary
political philosophy has revolved around the invention of schemes aiming to address the morally
adequate redistribution of social shares once social and natural inequalities have been identified
as the hurdles to full social justice.
Finally, the concept of need is as debated a principle of social justice as it seems to
designate an irreducible series of claims. Of the three core principles, it is possibly the one that
has been submitted to the most criticism. Many writers have claimed that it was reducible to
other principle (Barry 1965). Many have raised substantial theoretical concerns about it, notably
because it seems difficult to come up with adequate criteria to distinguish between “true” and
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“false” needs, between mere wants, desires, and intrinsic needs, and because the reference to
needs may smack of a naive appeal to something like a set human nature. And yet, for all those
theoretical suspicions, the principle of need remains an irreducible principle founding claims of
justice and as such has been vindicated by a number of theorists (Renault 2004). It corresponds
to a fundamental intuition about what is owed to individuals in modern societies, a principle
already enunciated in simple terms by Marx, in a way that already articulated needs with
contribution: “from each according to their abilities, to each according to their needs” (Marx
2008).
Marx’ famous motto also raises the issue of adjudicating between the three principles.
One of the key aspects of Rawl’s theory of justice is to offer a method to do precisely that.
Needs are acknowledged as a core normative condition of the institutional order. However, they
are constrained by the other principles, the rights and liberties enshrined in the first principle,
and the equality of opportunity established in the second. The fact that social and economic
inequalities are justified to the extent that they benefit the least advantaged allows
performance and merit to be rewarded in a way that makes them compatible with rights and
needs. In contrast with Rawls, other theorists have insisted on the fact that real social-political
life consists precisely in the unstable tension between the three principles (Miller 1999).
A second set of issues concerns the agents and processes that are to effectuate the
redistribution. There are three main agents of social justice: the state and its institutions; the
markets, labour and commodity markets; and society itself considered in terms of the ethical
and cultural principles subtending the form taken by the social bond.
The importance granted to each of those agents depends straightforwardly on the way
in which rights, deserts and needs have been articulated. In libertarian models, in which rights
prime over other principles, a central consideration is the suspicion over government’s
interference with individual freedom. Against this, the market is trusted as a mechanism
ensuring the efficient coordination of work efforts and the exchange of the products of
everyone’s efforts. In this model, the distribution of life chances resulting from market
mechanisms is the most efficient and the fairest. Intervention in these mechanisms not only
introduces inefficiencies, but is also unjust as it encroaches upon liberties. The state’s role
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therefore is only to shore up the institutional, in particular legal processes entrenching
individual liberties and the market mechanisms through which individuals come into social
contact. Despite its utter individualism, such a model might continue however to refer to social
justice as a virtue attached to the community as the product of the combined efforts of all the
free citizens.
Clearly this model is not just a theoretical construct. As the blueprint for the neoliberal
reorganisation of advanced economies from the late 70s onwards, its different versions
continue to form the heart of established policy thinking. Against it however, a large portion of
political theorists, and indeed large portions of contemporary societies hold that the natural
distribution of benefits and burdens suffers from inherent inequalities, due to undeserved initial
positions of power and/or privilege, ranging from individual endowments, to inherited wealth
and social status. Egalitarian approaches seek to address these distortions of fair distribution, by
devising principles to curtail and redirect market mechanisms so that they deliver fair outcomes.
Beyond theoretical differences concerning the proper methodological approach, the common
goal of egalitarian approaches is to ensure equality of opportunity in all areas of social life. The
market is still entrusted with the efficient coordination of supply and demand, but government
agencies are granted multiple forms of intervention in market mechanisms through taxation,
subsidies, changes to regulations, in particular to property laws, to address the many
shortcomings in the distribution of social shares effectuated by markets. Typical shortcomings of
the market already start at the economic level, such as the inevitable formation of dominant
market positions and monopolies, unaccounted negative social costs and externalities, the
inability of market prices to adequately respond to basic needs, or the inability of the market to
produce a distribution of income enabling everyone to reach liveable life standards (Rawls 1999,
243). Equality of opportunity also requires direct and indirect government intervention to
ensure that every individual has equal access to employment opportunities, to positions of
prestige, as well as education and culture. In short, egalitarian approaches to social justice seek
to entrench a fair redistribution of benefits and burdens by devising strong institutional and
institutional mechanisms designed to correct the inegalitarian effects of social-economic
processes. Of course the reliance on markets as irreplaceable mechanisms of social coordination
can itself be subjected to critique, especially if the analysis is conducted from the perspective of
existing capitalistic markets. From this perspective, a main source of social injustice is precisely
to be found in the way in which market mechanisms secure and entrench social domination.
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Finally, a number of approaches have focused on processes other than institutional
design and intervention by government agencies. In the broad field of “critical theory”, the
accent is placed on the contestability of the interpretations of key societal norms and values
underpinning the “basic structure of society”. In some of these approaches, the problem of
redistribution is tackled as only one of the core normative problems facing society, next to
recognition of status and political representation for instance (Fraser 2009). Alternatively the
asymmetries structuring the cultural underpinning of society are seen as the root of social
injustice, and therefore as being the first objects of social justice claims, before redistribution
(Young 2011). In these alternative approaches, however, agents of social justice continue to be
state institutions and markets, but only to the extent that they are contested and transformed
as a result of social movements waged in the name of social and cultural equality (Honneth
1994).
This focus on social movements also raises the issue of the boundaries of social justice.
The exponential development in globalising trends at all levels has rendered problematic a key
assumption of modern political philosophy, namely, the reference to the nation-state as the
main relevant framework.
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Further Reading:
Ackerman, Bruce. 1980. Social Justice in the Liberal State. New York: Yale University Press.
Carver, N.T. 1915. Essays in Social Justice. Cambridge, Mass.: Harvard University Press.
Elster, John. 1992. Local Justice: How Institutions Allocate Scarce Goods and Necessary Burdens.
Cambridge: Cambridge University Press.
Hobhouse, L.T. 1922. The Elements of Social Justice. London: Allen and Unwin.
Kymlicka, Will. 2002. Contemporary Political Philosophy. Oxford: Oxford University Press.
Nussbaum, Martha. 1992. “Human Functioning and Social Justice. In Defense of Aristotelian
Essentialism”. Political Theory 20(2), 202-246.
Sen, Amartya. 2009. The Idea of Justice. London: Penguin.
Walzer, Michael. 1983. Spheres of Justice: A Defence of Pluralism and Equality. Oxford: Martin
Robertson.
Willoughby, W.W. 1900. Social Justice. New York: Macmillan.