What Is Justice? Classic and Contemporary Readings

by Solomon, Robert C.; Murphy, Mark C.

• ISBN13: 9780195128109
• ISBN10: 0195128109
• Edition: 2nd
• Format: Paperback
• Copyright: 1999-11-11
• Publisher: Oxford University Press

Summary

What is Justice? Classic and Contemporary Readings, 2/e, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, bothancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new edition features expanded and updated readings on justiceand punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick,Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U.S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings onpunishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself. Each selection is preceded by a brief introduction and each of the five parts opens withan introduction. The volume is further enhanced by a general introduction and an updated and extensive bibliography. Ideal for a wide variety of courses including social and political philosophy, ethics, philosophy of law, and contemporary moral problems, What Is Justice?, 2/e, does not assume any philosophical or specialized background. It is also engaging reading for anyone interested in justice.

Table of Contents

Introduction	3	(8)
Part One: Classical Sources
Introduction to Part One	11	(2)
``Agamemnon's Plea for Justice,'' from the Iliad	13	(1)
Homer
``Justice, Equality, Desert,'' from the Bible (Old and New Testaments)	14	(7)
``Justice in the State and in the Soul,'' from the Republic	21	(13)
Plato
``The Various Types of Justice,'' from the Nicomachean Ethics	34	(10)
Aristotle
``Justice, Retribution, and Mercy,'' from the Koran	44	(5)
``The Nature of Justice,'' from Summa Theologica	49	(7)
Thomas Aquinas
``Justice and Humanity,'' from On the Mind	56	(3)
Mencius
Part Two: Justice and the Social Contract
Introduction to Part Two	59	(4)
``The State of Nature and the Laws of Nature,'' from Leviathan	63	(11)
Thomas Hobbes
``The State of Nature and the Social Contract,'' from Second Treatise on Government	74	(7)
John Locke
``From the State of Nature to Citizenship,'' from A Discourse on Inequality and On the Social Contract	81	(14)
Jean-Jacques Rousseau
``Master and Slave,'' from Phenomenology of Spirit	95	(5)
G. W. F. Hegel
``The Original Position,'' from A Theory of Justice	100	(6)
John Rawls
``From Anarchy to the Minimal State,'' from Anarchy, State, and Utopia	106	(7)
Robert Nozick
``The Presuppositions of the Social Contract,'' from ``The Social Contract as Ideology''	113	(7)
David Gauthier
``Against Social Contract Understandings of Justice,'' from ``Trust and Antitrust''	120	(7)
Annette Baier
Part Three: Justice and Society
Introduction to Part Three	127	(2)
The Declaration of Independence and the Amendments to the Constitution of the United States of America	129	(4)
``Of Property,'' from the Second Treatise on Government	133	(4)
John Locke
``The Circumstances of Justice and the Rules of Property,'' from An Enquiry Concerning the Principles of Morals and A Treatise of Human Nature	137	(6)
David Hume
``Justice as a Moral Sentiment,'' from A Theory of the Moral Sentiments, and ``The Virtues of the Free Market,'' from The Wealth of Nations	143	(8)
Adam Smith
``Rightful Ownership,'' from The Philosophy of Law	151	(4)
Immanuel Kant
``Justice, Property, and Law,'' from The Philosophy of Right	155	(11)
G. W. F. Hegel
``Social Justice and Utility,'' from Utilitarianism	166	(8)
John Stuart Mill
``Against Arm-Chair Justice,'' from Anti-Duhring, and Karl Marx, ``From Each According to His Ability, To Each According to His Needs,'' from A Critique of the Gotha Programme	174	(6)
Friedrich Engels
``Against `Social Justice,''' from The Mirage of Social Justice	180	(8)
Friedrich von Hayek
``Equality,'' from ``The Idea of Equality''	188	(7)
Bernard Williams
``On Three Types of Justice,'' from Social Justice	195	(10)
David Miller
Part Four: Justice and Punishment
Introduction to Part Four	205	(4)
``Patterns of Vengeance,'' from Vengeance	209	(3)
Pietro Marongiu
Graeme Newman
``Retribution and Revenge,'' from Philosophical Explanations	212	(3)
Robert Nozick
``A Utilitarian Theory of Punishment,'' from Introduction to the Principles of Morals and Legislation	215	(6)
Jeremy Bentham
``A Retributivist Theory of Punishment,'' from The Philosophy of Law	221	(4)
Immanuel Kant
``Punishment as Self-Chosen,'' from The Philosophy of Right	225	(3)
G. W. F. Hegel
``Punishment and Ressentiment,'' from On the Genealogy of Morals	228	(3)
Friedrich Nietzsche
``A Defense of the Utilitarian View,'' from ``Two Concepts of Rules''	231	(5)
John Rawls
``A Defense of the Retributivist View,'' from ``The Moral Worth of Retribution''	236	(9)
Michael Moore
``The Message of Punishment,'' from ``The Moral Education Theory of Punishment''	245	(6)
Jean Hampton
``Justice and the Passion for Vengeance,'' from A Passion for Justice	251	(10)
Robert C. Solomon
United States Supreme Court, Gregg v. Georgia (1976)	261	(8)
``Against the Death Penalty,'' from ``Capital Punishment''	269	(5)
Hugo Bedau
``For the Death Penalty,'' from ``Deterrence and the Death Penalty''	274	(2)
Ernest van den Haag
``The Unique Horror of the Death Penalty,'' from ``Reflections on the Guillotine''	276	(3)
Albert Camus
Part Five: The Contemporary Debate on Distributive Justice
Introduction to Part Five	279	(2)
``Justice as Fairness,'' from ``Justice as Fairness'' and A Theory of Justice	281	(7)
John Rawls
``Justice and Hypothetical Agreements,'' from ``The Original Position''	288	(7)
Ronald Dworkin
``Internal Difficulties with Justice as Fairness,'' from ``Rawls on Justice''	295	(6)
Thomas Nagel
``The Entitlement Theory,'' from Anarchy, State, and Utopia	301	(8)
Robert Nozick
``Justice, Tradition, and Desert,'' from After Virtue	309	(6)
Alasdair MacIntyre
``Justice and Community,'' from Liberalism and the Limits of Justice	315	(10)
Michael Sandel
``Complex Equality,'' from Spheres of Justice	325	(7)
Michael Walzer
``Justice as Fairness: For Whom?,'' from Justice, Gender, and the Family	332	(7)
Susan Moller Okin
``Justice as Fairness as a Political Conception of Justice,'' from ``Justice as Fairness: Political not Metaphysical''	339	(8)
John Rawls
Bibliography	347