Objectives
On successful completion of this module you should be able to demonstrate:
LO1: Knowledge of (a) philosophical and economic contexts in which legal issues arise; (c) the principles and values of justice; and (d) liberal political theories
LO3: Thinking skills
- Identify and articulate liberal explanations and critiques of legal issues
- Comprehend materials relating to liberalism
- Apply philosophical reasoning to generate appropriate responses to legal and political issues
- Engage in critical analysis and make a reasoned choice amongst philosophical and moral alternatives
- Think creatively in approaching legal issues and generating appropriate responses, including the ability to explore new philosophical ways to address contemporary social problems through the application of philosophical techniques, insights and understandings
Learning resources
Ratnapala, 204–228, 389–434
Selected Reading 11.1: John Rawls, ‘The Problem of Envy’, ‘Envy and Equality’ A Theory of Justice (Clarendon Press, 1972) 530–541.
Prepare all five questions.
The difference principle, equality and envy
Assume the columns headed with Greek letters are options that the Government of Newgarth has for social planning. The figures are in frelars (f), Newgarth’s currency. They put the income earned by A and B into the mix of what they can earn as gross income, (-) any taxes, and (+) any welfare payments. This gives (=) their net income. A is the person in Newgarth who is the most advantaged in terms of wealth and the ability to create income. B is the least advantaged person in Newgarth.
| α | β | γ | Δ | |
| Person A | f2,000-1,000 = f1,000 | f15,000-5,000 = f10,000 | f20,000-5,000 = f15,000 | f40,000-39,000 = f1,000 |
| Person B | f500 + 300 = f800 | f1,100-200 = f900 | f500+200 = f700 | f200+700 = f900 |
| Difference between A and B | f200 | f9,100 | f14,300 | f100 |
1. According to Rawls, which of these arrangements should Newgarth adopt if it is to make justice the first virtue of its political system?
2. Read Selected Reading 11.1: John Rawls, A Theory of Justice (1972) 530-41. (It is not an easy section to read – Rawls’s style is very dense.) What is the relationship between the personal quality – or vice – of envy and Rawls’ second principle of justice (including the difference principle)?
3. What would you say if A and B both started life with f12,000 but A chose to be a hard-working gardener and B decided to play tennis with his friends most days, and picked up work when he couldn’t play tennis (Meyerson, 320-1). Would you be as happy with pattern Δ?
4. Would Robert Nozick agree with Rawls’ answer to question 1? Why or why not? 5. Why does Nozick consider that taxation of earnings is ‘on a par with forced labor’?
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