JUSTICE

PoliSci 103/ EthicSoc 171/IPS 208/EthicSoc 133/Phil 171 or 271/PubPol 103C or 307

Political Science 133 Professor Rob Reich

Office: Encina Hall, Room 420 reich@stanford.edu

Fall 2015-16, Tu/Th 12:00 – 1:20pm, Lathrop 282

Teaching Assistants:

Lily Lamboy Chris Lewis (Head TA) Nathan Lee

Poli Sci, llamboy Philosophy/Law, cpkl Poli Sci, nathanrl

Erin Cooper David Pena Rangel Artemis Seaford

Philosophy, emcooper Poli Sci, dpenar Poli Sci, aseaford

***This course fulfills the Ethical Reasoning

Ways of Thinking/Ways of Doing Requirement***

Course Description
Justice, the philosopher John Rawls believed, is the first virtue of social
institutions. In this class, we will explore the place of two core ideals – liberty and
equality – and how they are included in several theories of justice: utilitarianism,
libertarianism/classical liberalism, and egalitarian liberalism. Everyone supports
the ideals of liberty and equality, but their precise meanings are contested at the
level of principle and hotly debated when put into practice.

This course will explore these core ideals and competing theories of justice
through presentations and dialogue, often including political philosophy, history,
law, and narrative portraits (or stories). We will move frequently between the
realm of abstract ideas and actual cases and people, using one to shed light on
the other.

Core questions include:

1. Liberty: What is liberty and why is it important? Are some kinds of

liberties more important than others? Which liberties must a just society
protect? (Freedom of expression? Religious liberty? Economic liberties
associated with markets? Political liberty?)

2. Equality: What is equality and why is it important? Are some kinds of

equality more important than others? What sorts of equality must a just

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 society ensure? (Equal opportunity? Equality of economic outcome? Equal
status? Political equality? Equality for different racial/ethnic, religious and
cultural groups?)

3. Reconciliation or Pluralism: Can a political society ensure both liberty

and equality, or are these political values at war with one another? And if
they are warring values, how should we respond to the tension between
them?

We approach these topics by critically examining three distinct and competing

theories of justice: utilitarianism, libertarianism/classical liberalism, and
egalitarian liberalism. We examine the core ideas of these theories and explore
their implications for some longstanding issues of moral-political controversy that
implicate concerns about liberty and equality: protecting free expression and
religious liberty, regulating the marketplace, ensuring equal opportunities through
good schools, multiculturalism and establishing group rights, feminism, and racial
justice.

In general, Justice aims to:

(1) make explicit some of the fundamental political values and principles
that shape our personal convictions and public debates about politics, law,
and public policy;
(2) assess the plausibility of those values and principles; and
(3) show how we can use our common reason to argue about political
values and principles on a basis of mutual respect.

Course Requirements and Assignments:

Books to Purchase
Milton Friedman, Capitalism and Freedom. The University of Chicago Press,
2002
Larissa MacFarquhar, Strangers Drowning, Penguin Books 2015 [HARDCOVER
ONLY]
John Stuart Mill, On Liberty and Other Essays, Oxford University Press, 2008
Susan Moller Okin, Justice, Gender, and the Family, Basic Books
John Rawls, A Theory of Justice, Revised Edition. Harvard UP, 1999

There will be a course reader for purchase through CopyAmerica; some articles
will be posted online at the Coursework website.

Class participation [20% of grade]

Class participation can take a variety of forms, ranging from the obvious (e.g.,
talking intelligently in class) to the less obvious (e.g., volunteering to co-teach).

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At a minimum, it is crucial that you come to class on time, having done the
reading, and prepared to talk and engage your fellow classmates. Because the
class will use case studies, adequate preparation, willingness to contribute, and
capacity for empathetic listening are all required. You are also required to attend
a section every week. A portion of your grade will be based on your participation.

Lecture and Section Participation: This course encourages vigorous

intellectual exchange, the expression of various viewpoints, and the ability to
speak effectively and cogently. Participation includes but is not limited to in-class
discussion. As part of the participation grade, the section leaders may assign
activities and written assignments such as individual or group presentations, on-
line forum entries, reading responses, lecture summaries, debates, etc.

VERY IMPORTANT:
In order to be prepared for discussion, it is essential that you come to each
lecture having read intelligently the materials assigned and having given some
thought as to how the readings relate to the course in general. This will allow
you to benefit from the lectures and in turn prepare yourself to discuss the issues
in depth in section. You should come to section with considered views about (1)
what the main claims offered in the texts or case studies are; (2) the arguments
offered in favor of these claims; (3) whether these are good or plausible
arguments; (4) whether the claim is, all things considered, strong or plausible; (5)
what alternatives to the claims and arguments exist; and (6) whether some
alternative is superior to the claim under discussion.

Objections are important. But keep in mind that raising puzzles and problems
(even interesting puzzles and problems) for a view is easy: we can be certain in
advance that every view will face some problems. Still, we are trying to decide
what to think about important issues of enormous consequence, not playing a
game or showing off debater’s skills. The really hard part is to figure out what to
think – what we should think -- once we understand the range of theoretical
options and competing arguments.

Participation will be evaluated on the following guidelines, which stress the

quality rather than the quantity of contributions.

A range: The student is fully engaged and highly motivated. This student is well
prepared, having studied the assigned material, and having thought carefully
about the materials’ relation to issues raised in lecture and section. This student's
ideas and questions are substantive (either constructive or critical); they stimulate
class discussions. This student listens and responds respectfully to the
contributions of other students.

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B range: The student participates consistently in discussion. This student comes
to section well-prepared and contributes regularly by sharing thoughts and
questions that show insight and a familiarity with the material. This student refers
to the materials discussed in lecture and shows interest in other students'
contributions.

C range: The student meets the basic requirements of section participation. This
student is usually prepared and participates once in a while but not regularly.
This student’s contributions relate to the texts and the lectures and offer a few
insightful ideas but do not help to build a coherent and productive discussion.
(Failure to fulfill satisfactorily any of these criteria will result in a grade of "D" or
below.)

Writing [80% of grade]

You are required to submit three papers, and to rewrite the second on the basis
of comments of your teaching assistant. There is also a take-home midterm
exam.

First Paper, 500 words [10%] Due Friday, October 9

Second Paper, 1800-2200 words Due Friday, October 30
Second Paper revision, 1800-2200 words [40%] Due Monday Nov 16
Third Paper, no more than 3000 words [15%] Due Monday December 7

Take-home midterm exam [15%] Due Monday November 9

Topics for each of the papers will be posted on Coursework in due time. You are
allowed to write on your own topic. If you plan to do this, describe your proposed
topic in a paragraph, and check it with me or your TA.
The word limits are strict:
papers that exceed the limit will be returned for cuts. Policies on late papers are
to be determined by your TA and must be arranged with your TA in advance. The
Second Paper Revision must take into account the comments from your TA; the
evaluation of the rewrite will depend in part on your success in addressing the
comments. So if you get a B on the first draft, and are unresponsive to
comments, you may end up with a C on the revision.

Please note that paper extensions require prior arrangements with the instructor.
There will be no exceptions to this policy, barring absolute and documented
emergencies. Late assignments will be penalized one grade per day.

Attendance at lectures and sections is mandatory. If a student has a

prolonged illness, varsity athletic competitions, or a personal situation that might
lead to more than one section absence, the student should contact his or her
Teaching Fellow before missing section. Under certain conditions (such as
varsity athletic competitions or prolonged illness), a student may be provided an

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opportunity to make up the work missed in section. In other words, make-up work
is at the discretion of the instructor. Note: insufficient section attendance will
result in failure of the course.

Laptop policy
Laptops, tablet devices, and smartphones are not to be used in the classroom,
unless otherwise indicated. Using these devices during lecture is like second-
hand smoke: it not only harms you, it harms others too. If you have a registered
disability that requires the use of one of these devices during lecture, please
notify your Teaching Fellow.

The Honor Code

Violating the Honor Code is a serious offense, even when the violation is unintentional. The
Honor Code is available at:
http://www.stanford.edu/dept/vpsa/judicialaffairs/guiding/honorcode.htm. You are responsible for
understanding the University rules regarding academic integrity; you should familiarize yourself
with the code if you have not already done so. In brief, conduct prohibited by the Honor Code
includes all forms of academic dishonesty, among them copying from another student’s work,
unpermitted collaboration and representing as one’s own work the work of another. If you have
any questions about these matters, see your post-doctoral fellow during office hours.

FERPA: Student Record Privacy Policy

http://studentaffairs.stanford.edu/registrar/students/ferpa

Additional Resources for Learning:

Students who may need an academic accommodation based on the impact of a disability must
initiate the request with the Student Disability Resource Center (SDRC) located within the Office
of Accessible Education (OAE). SDRC staff will evaluate the request with required
documentation, recommend reasonable accommodations and prepare an Accommodation Letter
for faculty dated in the current quarter in which the request is being made. Students should
contact the SDRC as soon as possible since timely notice is needed to coordinate
accommodations.

Student Disability Resource Center Office of Accessible Education
563 Salvatierra Walk

http://studentaffairs.stanford.edu/oae

The Center for Teaching and Learning provides numerous resources for students, including
oral communications skill building and handouts on everything from note taking to time
management. http://ctl.stanford.edu/help/student.html

The Hume Writing Center works with Stanford students taking WIM classes and any course that
includes writing assignments. In free one-to-one sessions, trained writing consultants help
students brainstorm and get started on assignments; learn strategies for revising, editing, and
proofreading; and improve organization, flow, and argumentation. We also have digital media
consultants who work with students to develop strategies to improve visual and multimodal
communication in media such as research posters and PowerPoint and oral communication tutors
to help students prepare or refine a presentation. Students can make an appointment with a
lecturer or advanced graduate student consultant or drop in to meet with an undergraduate peer
tutor. For further information, to see hours and locations, or to schedule an appointment, visit the
Hume website at: http://hume.stanford.edu.http://hwc.stanford.edu/

Justice 2015-16 5
 Course Outline

Tuesday, Sept. 22 (Class 1)

Introduction

No readings

Thursday, Sept. 24 (Class 2)

What is Justice? Injustice versus Misfortune, the Circumstances of Justice.
Alternatives to Justice.
To what and to whom does justice apply? What’s the difference between injustice
and misfortune? What are the circumstances of justice? What alternatives to
justice as an ideal are there: justice vs charity vs. humanitarianism?

“It is justice, not charity, that is wanting in the world.” Mary Wollstonecraft

Readings
Will Kymlicka, “Altruism in Philosophical and Ethical Traditions”

Tuesday, Sept. 29 (Class 3)

Utilitarianism, part 1
What is the principle of utilty? Bentham says that pleasure is the only thing that is
good in itself, and not good because 
of its consequences. What about
knowledge, beauty, living honorably, or striving to 
achieve aims you think are
worth pursuing? Why are these not good in themselves?

Readings
Jeremy Bentham, Introduction to Principles of Morals and Legislation* chs. 1, 4,
13, 17 (sec. 1)

Thursday, Oct. 1.(Class 4)

Thinking Like a Utilitarian
Maximizing, Optimizing, Cost-Benefit Analysis, and Treating Life as Solving for
Something.

Readings
Larissa MacFarquhar, “For Do-Gooders, It is Always Wartime” 1-12.
Larissa MacFarquhar, “Duty! Thou Sublime and Mighty Name That Dost
Embrace Nothing Charming or Insinuating, But Requirest Submission” 61-
69.
Larissa MacFarquhar, “At Once Rational and Ardent” 71-102.
Peter Singer and respondents, “The Logic of Effective Altruism” Boston Review
2015.

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Tuesday, Oct. 6 (Class 5)
Utilitarianism, part 2
Mill distinguishes between higher and lower pleasures (ch 2); that some
pleasures are qualitatively not just quantitatively better. What does this mean?
Mill says (ch. 2) “It is better to be a human being dissatisfied than a pig satisfied;
better to be Socrates dissatisfied than a fool satisfied.” If the fool is genuinely
satisfied, what is he/she missing that diminishes the goodness of his/her life?

Readings
John Stuart Mill, Utilitarianism, Selections from Chs. 1 - 4


Thursday, Oct. 8 (Class 6)

Utilitarianism and Rights
What case can a utilitarian make for individual rights and moral separability of
persons?

Reading
John Harris, “The Survival Lottery”
Larissa MacFarquhar, “One of Those God Things” 171-191.
Larissa MacFarquhar, “Kidneys” 193-203.

*** First paper due: Friday, October 9 ***

Tuesday, Oct. 13 (Class 7)

The Harm Principle, the Utility of Speech, and the Utility of Liberty
Mill defends “one very simple principle” (OL, ch. 1). State the principle. How
would Mill use that principle to respond to racist hate speech? Microaggressions?
Pornography? Blasphemy? Revealing troop movements? Revealing classified
information?

Readings
John Stuart Mill, On Liberty, Introduction and Selections from Chs 1-3.

Thursday, Oct. 15 (Class 8)

Religious Liberties, Religious Accommodation and Permissible
Discrimination
What are religious convictions and why are they important? Are they more
important or more deserving of respect and accommodation than secular moral
convictions? Why does the law often accommodate religious discrimination but
not racial discrimination?

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Readings
Wisconsin v Yoder (1972)
Boy Scouts v Dale (2000)

Tuesday, Oct. 20 (Class 9)

Libertarianism
What does Friedman mean by liberty? Why is he opposed to equality of
treatment (see ch 10)?

Readings
Milton Friedman, Capitalism and Freedom, Intro, chs. 1, 2, 10, 12, Conclusion

Thursday, Oct. 22 (Class 10)

Education and Equal Opportunity
What is equality of opportunity and how does it connect to education? What does
equal opportunity require in education? Is it realizable?

Readings
Milton Friedman, Capitalism and Freedom, pp. 85-98.
Excerpts from San Antonio v. Rodriguez (1973)

Tuesday, Oct. 27 (Class 11)

Racial Justice
The cases for and against reparations, obeying unjust institutions, and racial
integration.

Readings
Tommie Shelby “Justice, Deviance, and the Dark Ghetto” (2007)
Tommie Shelby “Inequality, Integration, and Imperatives of Justice” (2014)

Thursday, Oct. 29 (Class 12)

Pursuing Racial Justice
Is affirmative action consistent with, required by, or opposed to justice? What role
for allies in the pursuit of racial justice?

Readings
Selections from recent affirmative action law cases (Grutter v. Bollinger; Fisher v.
Texas)
MLK’s Letter from Birmingham Jail.
Anna Deveare Smith reads the letter aloud.

*** Second paper due: Friday, October 30th at noon***

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Tuesday, Nov. 3 (Class 13)
Egalitarian Liberalism, part 1
What is justice as fairness? Explain the original position and veil of ignorance.
Why does Rawls rank liberty above equality in the two principles of justice?

Readings
John Rawls, A Theory of Justice (TJ), sections 1-6, 11-14, 17, 20-26, 29, 32-33,
67, 82

Thursday, Nov. 5 (Class 14)

Fairness, Political Liberty, Financing Elections
Why is a fair opportunity to take part in the political process important? What is
added by fair opportunity rather than a guarantee of a formal liberty to
participate?

Readings
John Rawls, A Theory of Justice, sections 36-37
Excerpts from Buckley v. Valeo
Excerpts from Citizens United

*** Take-home Midterm Distributed, Thursday Nov. 4; due Monday Nov. 8 ***

Tuesday, Nov. 10 (Class 15)

Egalitarian Liberalism, part 2
Fair equality of opportunity and the difference principle.

Readings
John Rawls, A Theory of Justice (TJ), sections 1-6, 11-14, 17, 20-26, 29, 32-33,
36-37, 67, 82

Thursday, Nov. 12 (Class 16)

The Difference Principle, deserving your own talent and labor, merit as a
distributive principle.

Readings
Larissa MacFarquhar, “The Children of Strangers” 223-268.

*** Revised second paper due: Monday, November 17 at noon ***

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Tuesday, Nov. 17 (Class 17)
Feminism: the radical view that women are the moral and political equal of
men
What is the difference, for Okin, between sex and gender? What could it mean to
seek the eradication of gender? Why is the family a linchpin in gender inequality?

Readings
Susan Moller Okin, selections from Justice, Gender, and the Family

Thursday, Nov. 19 (Class 18)

Gender Discrimination

Readings
To be announced

Tuesday, Dec. 1 (Class 19)

Reconciliation of liberty and equality? Or ever-present tension and trade-
off?

Readings
Isaiah Berlin, “Pursuit of the Ideal”
Larissa MacFarquhar, “The Bodies of Strangers” 13-40
Larissa MacFarquhar, “Something Quite Different From Life” 295-301

Thursday, Dec. 3 (Class 20)

The Problem of Global Justice & Conclusions

*** Third paper due: Monday, Dec. 7 at noon ***

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