Theories of JusticeCALIFORNIA SERIES ON SOCIAL CHOICE AND POLITICAL ECONOMY died by Brim Bary, Robert H, Bates, ond Sal L Popkin ‘Aetna Poles, by Rober H. Bate Pola Economic by James E land K, Alec Chrystal ‘orion andthe Polis of Motherhood by Kristin Lake ‘4 Hard Chics: How Women Decide about Work, Caee Mothhood by Kalen Gener Regn Poly od the So 6 Reatine Rik and Insurance Contac, by Carl A Hemses 7 Pos Revclaion ‘Aaratian Poly, by Ferret Colton Aunt? oth Pala Econo of Rural Ace, by Robert H Scene, ted by Roger Nol esas and king in Brg ‘Abslatsm,by Hkon Root Th RCwl Theory fest, by Karl Edward Stn Ia, Pit of Goep Sort, by Michal Hho 2 Flin and abc Ply natn Americ, by Barry Ames ren tas Rul and Revena,by Margaret Lexi Foard Pot Eonomy of Dee eves, elie by Roben Hh 1S. Rainbow's End: lsh-tmeney bio Pls, 140-1985, by Sesea A Tees Sol Jue 17. The Soca ba. M by Wan net "ic Repnain: Fane, 1849-1981, Mares and Stan Tropical Ac: The Polical Bass of and sional Aca: Managing Moral Hazaed in 7 Nicagu: Sate, Clas andthe Dilemmas of ) Atarin Foundations of French lopment A Rational Choice sand the Dilemmas of Urban Volume 1: Theories of Justice, by A Treatise on Social Justice, Volume I Theories of Justice Brian Barry UNIVERSITY OF CALIFORNIA PRESS Berkeley * Los Angeles25/2222 2 Mets le eye {ea Caps Calin con Da eons For H.L. A. Hart“The pipe of juice maybe ade the ict He which ne when the sort of aig ay re npoved wp prs in the pal eamatancs of ati These ne of ure compete wih mar ayo hoki soar ace wich pos back at st the Grek Sonhist and which rears the crn ofthe principe of ince asa compromne Btmen pean of aug eal Fewer who woud fre thr wil cach ter hey ‘oul fut win ve ae que of foramen hom dor the ake of eo ese and cnt, sehnowee erat for of conc car a prone sin 0 ee “ice dough of a2 pat been tna gis the ‘by of whch dependent on + Blac of power nd = Slay of orcimstance Perhaps the ke Koon stat tmnt ofthe conrpon Bat gen by Glacon othe be ‘Boog of Bok Hof Pat's Republik men eee ‘ementyofheconepion appear in mote mph fer in Hobie The Lethon and in Hume A Teste of aman Nate...) Whe he scout a “Ji 36 Ft ne" comes with hi tation and with 16 most fen vain he hry of game, des rom in [Hike acptance othe tf a lay by parkas i 2 cornon prs eso i each ero of he cog ‘Somat te piaton and ieresfthe bers eee By thr oe acin- (The) man purpose ol hse ark ist foetal she miner aon hve reseed the azepance a jie and the acknowledgement fey ofa ply depends very ay ie sly there Tein deat blancs foe wee the pane wool inde be fh 0 undeceinat he portance of ih 2 alae in sci jase, theo basher The cognition of one tots sv persons wih sitar tee andcapacnen eng ino oon race mal ings pel explain, show al in the cept fhe Princes of cic andthe acknowledge of he ty fae sy Joke Ra fetes Pas” ‘loin Reve 6 958)Contents Preface si Parr Dox'rSHoor rH TaustvereR! PROBLEMS OF Fain DIviston 1 CHarreR 1. THECASEoF THF Noxious Netontnons 3 1, Two Theos of Jat 3 2, Rapainingand Arba 5 3. Twolecures 30 ‘§. Braithwaite versus Nath 3 5 Bargaining and Equa Uity Gain a1 Cuarten 2, Wnarls «Fain Sovwttos? 50 6 FairDivision of the Cooperative Surplas 50 2, Alkerntine Basha, 56 5. What's Wrong with Theat Advantage? 68 9. Basclinsndependence % 10, AResourst Solution 8s CHAPTER. FAIR DIViiON PROM A Winx Perseecrive 96 1, Ierodution 96 12) The Eaivenes of Uy 101 13, implications 11014, Soc Rules nF Division 15. Seng ed Contemporary Mors 16. Coaclasoato Par Paxril Howe aN Rawis ox Justice iy Society Charrin 4. Huse ox jusncs 1, ledtion 1, The Greumsans offstiee 19, Josie and npr 2 lanai To Thee Rales of Justice Theres forthe 2 aes Le Prem of ‘CAMPERS. Raw o Jstce (1): nreRnaTiONAL xp rxcestnaronat usnice 2. TheGrosmane fo. 25. lernational ister 2¢ nero ee 25. Why Nonna a CharreR6. Revise) Pansciet 26 oon From Eau! Oppo em ity toEqualey BF aim Edaly tothe Diferens Prope Cn 2 save Ventre? 0. Why Maal Advantages Jstce (2: Te Direxence Parl Jusmice as M Jorn ile war Charmer. Sox QUESTIONS oF Merton, Consrcivan a Farm of Jesper 143 us 145, 152 163 168 Ws 179 179 183 189 203 213 23 a7 26 ae 2a 2s5 257 257 260 264 am 22 Contents Carmen $s. Consrnuctine Tutontts oF Justice (1) TwoSTaGe THEORIES 36 Introduction 57. Tor Stage Foundations of Social Inetitions X28, FairDivton and Soil Justice Cnarren 9, Cosstatcrine Tiron oF Justice (2): ‘Ontcinat Position Tieonits 38. Intadaction 40, Jomtoe a Fares 431. Constracing sm Ospina Position 42. Original Psion: without Sell nerst Cuaprer 10, Coxcxuston 43. TheSubjeet of Socal Jsice 44. Justice and Monvation 45. The Content of Josie 46 Envos Appendix A Braithwaite: Solution and Rationale Appendix B. Spiting the Dference as a Bargaining Solution Appendix C_ Economic Motivation ina Rawhian Society Notes Index 23 293 29 508 320 320 30 340 354 358 357 366 372 a7 388 333 401 autPreface “The thre volume Tate ov Socal astice of which thi i the few represents new departure fore, Hilbert, Ihave speciale ak {ng aly brit fora int problems before they got too overeowae, ‘whereas the present work a sistnned stack on he oldest problem in politcal philosophy (with an enormous recent Iteratre to Boot, he ature of justice moet. The eaton for the change nstetey that Teles needa dig deeperint the foundation ofa theory of ae, at tlso vo ary it fro nero nttutionl speci. The present volume san exposition ad cial analysis ofthe ewo ‘eore of jasc that scm ro me the leading contends oe that all Juste at mutual advantage and the other famice a impart ‘Volume I wl be devoted defending josie as npatly ean fut the theory in more detail and vo drawing atenton to some of ‘mplcations for the dstrbuton of beefs and burdens in 2 soc. ‘Volume Il will endeavor to ative at speci conclsons about what Juste ental for economic insations, bor within coantis and between them Th the course of wring this volume Ihave ncuted many debs and ‘ties pleasure rohave the oppomunt acknowledge a any ratesome ‘of them. The Center for Advanced Sty inthe Behavioral Science in Stanford most come Set Although itis en yeas since I 00k up my yea of reence at that wondrtlinsaton, his Book tl quali Forinclasom nthe Ralph Tyler ibrar of ook inated atthe Center (Uhopest makes up bul for wha lacks nines) When wentSth Cen i 1976, thd plans ore the pie dhe er Howe ne rig nape th ee Usd ghee le yy, sone ne es ‘te ations on elie) ein. Toagh ost ta ‘hts gear ht we dapat prod secs ‘isto cacenal de my wsken tom en. Aogh gt nou igs ane elo nr ae aiken ine inmate fet seh of th yeh am ote ot Rabe Snes a thanks ro the wisdom of Gardner Lindy and Preston Cutler, wae ‘spel dunes omic an win whom espe age mining dco fe uo de hing Yok MEN of sciaogy,pileopty Tee TSOMEE honky, and yl scecr, and fom the fo lig ai ‘any canon da Fale whe acaty ‘abertaeancureatn ds ook uring the aad yea 1958-49, feo aan en M2 1979-80 as nae enought be eecteccatnin erm From te beeing of 19 eng of 1983, the Cama lost of Technology Cen. Thad much, hc encourage Pag ns Alan Donsgan Leonid Hr * Bat Schulz, Alan’Strudler, and Gin, wes Anhor Kai Tats Preface ~ James Woodward, Wil Jones ination provided me with extensive and valuable detailed comments wring es aoa pleasure oc Knowledge a large debt tothe Huntington Library in Sin Marine for ‘fering 3 haven fom the heat andthe tephone—with a congenial scholar community 83 bonus ohn Gilroy beige rely with references and bibliography. net Castes, the Head of Humances and Socal Sciences sm the Calech Lary, expec a reat del of time and for on my bekall wo obain ‘opts of aruices that needed ose. Almost lhe typing, dat afer ‘ray, was done by Joanna Barry. She has done so much to make the book possible ax to make even that two mon oF 50 words 3 minor partof tsb alone rows gute how much, My son Austin wasn his first year of ior bigh schoo when the hook was Begun and graduated from oll ast yest. This hook has therefore heen a conition of most fof his existence and his contibtion, the form of having 0 put up vith father preoccupied mach of the tine withthe Hiner points of ‘arzining theory, was noes get for beng nor altogether voltay Russell Hardin's somments onthe complete hook, commisoned by the University of Carmi Press, were both encouraging and statin Snegsting room for improvement, The Bal revsions were made, 0 Spite ofall te abaces porn the way by whats aging calle he SMminstation, atthe European Untrsylnsitote, My secretary, Maris van Hoof gave valuable hep inthe preparation ofthe final rat “The dedicate of his hook, Herbert Hart, id aoe contibute dey to i Bu if the argument now more solly worked out and more Icy expressed than was hala dozen deat ago the reader a5 well {1 has rato to thank him for his example, imperfectly 36 U have ‘Secoreded in emulating ‘Mon ofthis Book was writen t0 the accompaniment of those exellent radio stavons WEMT in Chicago and KUSC in Los Angles, Richard Capparla and hs colleagues became ethereal ends who helped alleinte the tedium tha ems inseparable much ofthe time from lieray compose, Equally imporant was the more tangible ‘thragh oly let companionship of George, who unt his death in 1983 war rarely enone than 4 ewe et aa, 2ndlatery of Tom, Oly and Rove. Florence, Match 1987Don’t Shoot the Trumpeter! Problems of Fair DivisionThe Case of the Noxious Neighbors 1, TWO THEORIES OF JUSTICE A Treatie om Soil Justice addresed tthe ution that Pato asked inthe Republic wo anda ball thousand years ago: Whats antec? The ‘king ofthat question by Plato may be sito have inaugurated poli ‘cal philowophy i the Western word Br the question self one chat acs inevitably in any socety whenever merbers Stat 10 thik teflesively about the arangement wth which thet hives are lived Through contact with other soci, people comet realize that social areangements are not natrl phenomenon but 2 human reason. ‘And what was made by haman beings can be changed by human bigs. This realanion sets the sae for the emergence af hers of use Fora theory of justices a theory about he hinds of Socal arrangement thar ean he defended Tn Plato's time asin ous the eral i any tory of justices the deensiility of unequal rcltons Serween people Like the Athe hans we vee all around sn ou soietes huge negli in poi power, in social standing, and inthe command over economic Sours The derce of ineualty om each of thew dinesions is dir: tin diferent siti and 0 ts he extent to whch a igh poston ‘on one anointed with a high postion an the others, South Afica tot easly confused with Scandinavia, Nevertheless n every soy there are those who give order and tote who obey the, those who recrve deference and those whe gv if thse ho have more than hey an we and thove who have les than they ned‘ The Cae ofthe Non Nihon Moreover ven ihr sme tend fo those wth superior penal charac oc he hie oto he oon Sones swe etn ay ct hah ol he sel Pe tc at eal opr he ag of et and screen ‘cal ad among prope The tpn of hs abbey od Hume both coed ht tay extn socey ft be deed ins stad te dese wll inet end wl hve oak the frm ofan amen at he os neue re eopale cone fi pon fx mgs hangs saa ter, ses, or rosy. Wher or nt ments ot ‘hoc tal oe ey gun hat fe ‘mat cha cochson abou (Tc are Shall grees ‘ety Bat who tines of he dT ve dcsed «atte delete can be dou that terete po he ‘soca once ces ‘thee when Rt wt he fol hee theta a oe ‘aac wha they can ad athouh the dle ‘cre yey me tr an same othe topic of janie, Wher ene Mo have Letter newer cose een naw Seacrest mas re 1. Two Ther offic s be. News traveled shy and supplies exen shower. Only nwo hunted yes ago Adam Sith could wee Whar interest we ak in the fortane ofthe with whom we hae 0 sine or comecin wh re aed septa othe see {rors cin prot oly at 9 tee, nhs sty manner Sl thantge vo he. To wha prone bull we ole une sot (he por fr oon? Al eu evn chow a ae pees ane em ‘doubted so god wate sed or god wis we nae Be ‘to i artigo lle pre cas ‘Soul be britches i he frie ef one whee me tm ether sere oe hrs renee eects ey eon rm ‘cere wal dre by Nie sod mere posse sr ne ‘ips the opal somsttanon sf ut ame, we col er gi othing by ‘icchanee| "Now that men can walk on the moun andsend bask photographs of the cath fom pace, hi al sounds very usin Nore dance nowadays ' bar tothe ably to elp—or harm lf here are no dais to id the ‘misfortune a a dance this wil require moral argument The ple of incapaciy will aoe work, The second reason fr 4 new salience the sue of iteration redistribution is tha iis only he pas two hundred years that the Process of unequal conomie development have opened up sich ‘enormous intenatonl panties. Even cenury ago, the standard (fTving of the average Earopean industrial worker or agua Iaborer=measired in hfe expectancy, adeguay of dit, quality of housings hou of work, and so on—vas not outstandingly beter han that ofa modestly prosperous Asian peasant 'Now, however, the dgice of exnomicineuaiy of the word Population taken asa wholes nore exzere tha ha inal Buta very few sates Latin Aeris, he to of whose wea anos creryone woul age co be itleablyinequiable. The asic ofthe Intemational dstbuton of economic resources cantor serefoe be lef aide many general eaten of ust. shal dices some ofthe ‘sues aed by international sive iy chapter Sand chen turn fo eiscss the imemaconal situation mae extensively in the Gal solu of his work Inthe Republi Plo discal wo main theories of juste, One his own, hierarchical not acording eo which aus soy one ‘modeled on a well-ordered human sou For reasons that wil become ‘lea in art HT sory reject the presoppostons of this theory and‘ The Cosel he Novos Neighbors satay amore att Howe teeny gin wich at is ‘omni er tat he pounaty eae aston to Best conn eae apn 5 ooh wo thos ound ‘ich There of ate sac, Like Fat sal cereal ‘eth hey aint bt eo beter a ‘enn taint ied anos hes Pa wo, tae be hey hs fee roped so ech {ure Hobe ad Hane ot eg nese ad heh ei, in eps try sot he st foe ton an is apa pie of advan th came pst wh itis rm sophie ey ae Sere. Ths bse pomp af who Brod thebeats of Has oe ee ‘tng a hein earn ow meee ay Beton in uesn thon need te Republic Pe thy ae SL depen ma i tet te Siete Theta ose ces So tot alr hich dea fet what we want. Josie the mame we give to the constrains om themselves thar raioalselfitereted people would agre to a8 the rmiimum pice that hast be paid in oder to obtain the cooperation of others The akerative ro his that sal Be pti foewar ses concep tually parsimonious Followers ofthis second approach hol hatte ‘has to be some reason for bchaving jus tht snot reducible even a Sopsisted and indirect part of self sere es thus incumbent pon them to explain what he appeal fui can be, hero human lings im penera ora leant to those raed under eontions favorable to moral education I shall gee my own ane later se especialy Section 35). However, ap outline of the answer canbe atived at by “considering the fancton thao this alternative view, fate ake Ihave in human sec. Tet us approach this answer by looking atthe cmon ground be tween the two tore, They sire to feature. Fit, they have it common the idea that questions of ast arie when there ia cont lof snrerest between diferent people or groups of people. Second they lb share sheen that osc what everyone cul in principle ech 4 rasonalaeement on, Both approaches therefore lend themselves formulation n terms of me kindof soa contact, hough the con Ltactual apparatus isnot sen and in fet both approaches have been developed in moncontractaal forme (Chall have more to say about th relation to omtac in shaper 7) How then do the swe approaches der? Very scbematially, we an locate the difernce inthis way, Under the Gest approach the agement ‘alone to select the fct that some people ive more bargaining Power than other. It Bound to do this because appeals to sl Interest asthe motive for behaving july. If he wens of agreement faled to reece diferent bargin power thowe whose power was dlspropontonate wo their share ander the aprexment would have a entive to seck to apse The second approach, hows, 0c Stained by the requirement that everyone must find itt his vantage to bey. ean therefore aod the lax hich ths pay for of ‘ours, by finding an alternative mova for behaving sly) of etaching omc from baraining power “Tht gives ws the defining characeristic ofthe second approach, ‘namely that nce shouldbe te content ofan agreement tht would ‘be reached by rational people under coniions that donot allow for [anptining power to be canalated into adranage. Obviously this is' The Cate the Noxios Neghore ‘espe asad Eth on the way in whch he cod ‘cel ae a linn nolan ef spec ees tie ave ben cosa y big ope co eens ee epi ape Wht wnt phate ey ha acorn tothe snd a fu sate fas one ‘tren cn sat ner he seh th) cont eso yep rota i he eg one th they at ‘eso cre The mote baring elo hv th ds wat in ‘scconance with principles that could aot reasonably he rejected by el cing at gre i hn on sone ont teal neat hpi svatges and avant all Reson wi scion 3 my ds fhe engi fas tee andthe hind of scission whch tr mone deci Hel md dps ton hoa apes 10. band yh asmpin terse the eons ‘should be jus?" mast appeal to self.inteest resin ity "aha al th scod open nd aac "jmp, {he fs hich al Pedr eset knee ‘odds more rig arty the uk en ‘theory and deci . en soa shanna eee ha, Maca i ‘setting up the prot Ame working through altenative ways of mech Myce n Herne ‘examine this work ann he cous of doing oto gue coward some feneral conclusions of my own. Paris concemed with analyse of jc on small cle—in fact, most ofthe time the alls scale om which problems of tie can asses al, namely, wo people In Pr I all one ont the ager ‘comet and ak about justice within soci. shall yt show that the ewo theories of justice ae both tobe found within Dad Hue’ theory of nce and ako both o be found within Jobo Rew’. hope by looking with afresh perspective ates wo mase ell phils ‘ophers to gain ight on he mbjes of ance im act. Then in Pr 1 shal pull opether the dicuon of smal and large jst in Pars Fad IL Isa sect show how ech of he theories fi it in fact a amy of theories, cach member of the amily defined by the ‘ay in which ispecies Key components inthe theory hall use this scheme to Toate the solutions discussed eater, and thereby U hope rake clearer what i at sue in the putes among recent writes 09 2, BARGAINING AND ARBITRATION Inti chapter ad he oT shale up he notion of sin the Sopot posible kindof oe confi betwee opis ver the ivion of some paises ture. Th cape wl be co fined ose mal advantage Ta the next che hl ie ice jes as imparaity by ooking the cian tha have been tac of sons edn jue mil avant. nk [rel ths po emp ate tan os ve he arial io ay hae We lB he atin ot Pare ven, wou ny ing no thei ofthe ition, ind we alte sting what wuld be a ran ata to decide inthe one cane coma olin oy al ifr ons. Natural bjs sea ence, hold we otk abot he sof soil postions before we can sel cas be ae of prt dec Sime? An how can we resonahy pre the fat that coli ae Dormally det wh by rls coneing cvs ocean general Kind Ct ny one IF he prponc ofthe book were prey praca, bse obions ‘oul deca Bui on purpose it oft undestand sly 1 posible the erainecomcepons of ste, Gere much Be ‘ior begining with he mpl canes and accepting he bere