Showing papers on "Economic Justice published in 1975"

Thinking about crime

Abstract: As crime rates inexorably rose during the tumultuous years of the 1970s, disputes over how to handle the violence sweeping the nation quickly escalated. James Q. Wilson redefined the public debate by offering a brilliant and provocative new argument--that criminal activity is largely rational and shaped by the rewards and penalties it offers--and forever changed the way Americans think about crime. Now with a new foreword by the prominent scholar and best-selling author Charles Murray, this revised edition of Thinking About Crime introduces a new generation of readers to the theories and ideas that have been so influential in shaping the American justice system.

Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality

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Can the Maximin Principle Serve as a Basis for Morality? A Critique of John Rawls’s Theory

Abstract: John Rawls’s A Theory of Justice 1 is an important book. It is an attempt to develop a viable alternative to utilitarianism, which up to now in its various forms was virtually the only ethical theory proposing a reasonably clear, systematic, and purportedly rational concept of morality. I shall argue that Rawls’s attempt to suggest a viable alternative to utilitarianism does not succeed. Nevertheless, beyond any doubt, his book is a significant contribution to the ongoing debate on the nature of rational morality.

The Justice Motive in Social Behavior: Introduction

Abstract: The articles in this issue enable one to examine the assumptions social observers have employed to understand the role which “justice” plays in human endeavors. Justice is seen by some as a by-product of the individual's attempt to maximize his outcomes and an ideological support for the exercise of power. Others consider that justice, in its various forms, is an expression of the various functional requirements of society. Finally, there are those who find that the commitment to justice is a natural expression of the human potential. All the contributors must deal directly, or indirectly, with two compelling observations. Justice is one of the most sacred and pervasive themes in social behavior. And yet, it can take dramatically different forms even within the same society.

Unequal Justice: Lawyers and Social Change in Modern America

Abstract: Focuses on the elite nature of the profession, with its emphasis on serving business interests and its attempt to exclude participation by minorities.

Liberty and Self-Respect

Abstract: An original philosophical position is often most difficult to understand just where it is most important that it be understood. This is certainly the case with "The Grounds for the Priority of Liberty" in John Rawls's A Theory of Justice. 1 Nothing is more important in Rawlsian theory than the priority of liberty, although the difference principle is equally important: "The force of justice as fairness would appear to arise from two things: the requirement that all inequalities be justified to the least advantaged, and the priority of liberty" (250). Rawls's inference to the priority of liberty is the final, carefully designed logical bridge for the long train of reasoning to the ordered pair of principles of justice. And this highly compressed argument contains in microcosm all the most important themes of justice as fairness. But the logical structure of this argument is difficult to separate from the strands of other arguments on other fronts, all of which Rawls conducts simultaneously in the densely written pages of this critical section 82 of his book. So it may be of some use to try to lay out, as plainly as possible, the five premises from which Rawls hopes finally to deduce the priority of liberty.2 Before we examine the argument for the thesis, we might recall the basic meaning of the thesis itself.3

Justice Accused: Antislavery and the Judicial Process

Abstract: What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class...This is, for a change, an interdisciplinary work that is a credit to both disciplines."-Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards...An exciting adventure in interdisciplinary history."-Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism...Deserves and needs to be widely read."-Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."-Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."-Louis H. Pollak

Reading Rawls : critical studies on Rawls' A theory of justice

Abstract: Contents Part One: 1. 2. 3. Part Two: 4. 5. 6. 7. Part Three: 8. 9. 10. 11. Part Four: 12. 13. 14.

Justice Field and the Jurisprudence of Government-Business Relations: Some Parameters of Laissez-Faire Constitutionalism, 1863–1897

Abstract: HE institutional and economic growth of American society through the mid-nineteenth century entailed -close cooperation between the public and private sectors. Antebellum state and local politicians viewed government's resources as a means to attain the developmental goals of a society dedicated to material growth; public officials were more than willing "to seek the public good through private negotiations."' State legislatures chartered hundreds of corporations and lavished them with land grants, lottery franchises, eminent domain privileges, and tax exemptions.2 Local governments, too, engaged in the scramble for regional development and readily opened their treasuries to railroad corporations and other businesses.3 By the 1870s, however, various socioeconomic groups began to perceive that their interests were no longer congruent with those of the corporations that government had created and subsidized. In that decade, shippers waged successful struggles to impose stiff regulatory laws on grain

Small Claims, Complex Disputes: A Review of the Small Claims Literature

Abstract: The possibility that any given problem might be handled in more than one way does not constitute a liability. Rather, it is a form of competition among, for instance, means of settling a dispute .... Each method of dispute settlement constitutes a different product-of differing utility to different consumers-some clearly more suitable than others for certain situations. The Justice Industry has an obligation, not simply continuously to refine one product-but to deliver new and competing products to serve the varied needs of the consumer. Cahn & Cahn, 1966:947-48

Justice: John Rawls Vs. The Tradition of Political Philosophy

Abstract: A critical review essay of A Theory of Justice by John Rawls, focusing on his attempt to ground radical egalitarian democracy on a social contract. Rawls tries to construct a new theory of justice with the help of the old state of nature theorists. The reviewer investigates whether this effort is successful and whether Rawls possesses an adequate understanding of the philosophers from whom he draws his inspiration.

The Determinants of Antitrust Activity

Abstract: THE decision process of bureaucratic organizations remains a significant mystery to observers of governmental behavior. In a recent attempt to provide some insight into this process, William Long, Richard Schramm, and Robert Tollison' (Long, et al.) explored the economic determinants of antitrust activity of the United States Department of Justice. They employed data collected by Richard Posner2 to test empirically a cost-benefit model of the allocation of scarce antitrust prosecution resources. In studies of this type the conceptual model is usually the traditional cost-benefit approach to choosing among alternative activities.3 The Antitrust Division is expected to allocate resources to those areas where the benefits most exceed the costs of successful prosecution if the Division is maximizing some thing close to "social welfare." "Benefits" are separated into two categories: (1) efficiency benefits, measured by the traditional "deadweight loss" triangle resulting from imperfect competition, and (2) income redistribution benefits, measured by excess profits. Since the proper weighting of the efficiency and income redistribution benefits depends on unobservable social welfare functions, the relative weights of the two basic goals must be determined empirically. Efficiency losses are measured in the tradition of Hotelling,4 Harberger,s

Rawls's Theory of Justice

Abstract: John Rawls's theory of justice is best understood as an attempt to adapt Rousseau's theory of the general will to the modern liberal democratic state. Central to the theory is a belief in the rationality of human nature and dynamics. In a well-ordered society men's natural sentiments will prove to be both unified and stable, and they will not permit morally arbitrary advantages to influence their social arrangements. Rawls's theory offers a rational accommodation of freedom and equality. His philosophical perspective opens him to the charge that his theory slights the historical dimension of human justice. His conception of human personality is somewhat ambiguous. There is incongruity between his ethical theory and the realities of democratic politics. Nevertheless, Rawls's formulation of the moral and political principles of liberalism is a major achievement and entirely worthy of his intellectual ancestry

The Politics of Higher Education.

Abstract: That the former should be so is understandable. Higher education is a necessary aspect of national life, and the national government has always been involved. Washington raised the subject in his Inaugural Address. It is the imbalance of the relation that is anomalous. Why has there been so little initiative and effective organization on the part of higher education in pressing its interests with the national government? A review of the experience from the 1950s on suggests that government has behaved about as governments will do, pursuing recognizable in terests, including that of acting and appearing to act in terms of fairly generously defined public interests. Higher education might have been expected to respond by becoming a moderately importunate and reasonably coherent claimant on national resources. During this same period?and given no better opportunity?elementary and secondary schools, and schoolteachers, fashioned themselves into an aggressive national lobby. Higher education did not. In a manner recorded more in literature than in politics, it responded in a passive mode, accepting support it had not the power to command; agreeing without overmuch fuss to the small conditions and obligations that seemed ever to accompany such support. Dignity was maintained; dependency deepened. The series of historical accidents, which over the past two decades have given a political priority to the needs of higher education quite indepen dent of any assertion of those needs by higher education, evidently induced an assumption that people, or rather The People, would always be kind. When, as of late, things have not quite worked as some would wish, there has been a tendency to at tribute this to an aberrant condition in government which will soon enough be righted. This might be termed "Waiting for '76." This paper will contend that political realities are quite different, and that, unless higher education takes a more active part in the shaping of national educational policy, interests of the first order will be jeopardized or lost. In particular, the interests of private institutions, more especially the major private universities, will be lost. Appearances, for the moment, are notably confusing, suggesting simultaneously the closest cooperation and the most protracted hostility. Thus by any general measure, federal funds going to higher education continue to increase at a comfortable pace. Similarly, while in the course of the century two Ivy League universities have sent their presidents to the White House, there has been nothing comparable to the extent Ivy League faculties have of late sent their professors to the Cabinet. In the winter of 1973-74, no less than five such posts?State, Treasury, Defense, Justice, Agriculture?were held by men whose principal work had been teaching and research in the more prestigious institutions of learning. Along with this there has been 128

The Political Context of Aristotle's Categories of Justice

Abstract: A ristotle's account of justice in Book V of the Nicomachean Ethics has provided the starting point and basic categories for subsequent discussion to the present day.' In spite of the importance of Aristotle's discussion, it has remained in the background, and while at the foundation of contemporary work, it has ceased to provide a fundamental alternative as a theory of justice. One reason may be that in the contemporary use of Aristotle's categories, his argument has been abstracted from the political context in which it was advanced. The object of this paper is to attempt to recover this political "dimension" of Aristotle's analysis by emphasising the connection between his four main categories of justice (universal, distributive, corrective, and reciprocity) and important political themes in the Nicomachean Ethics and Politics.

Arts and the People: The New Deal Quest for a Cultural Democracy

Abstract: LIFE IS DRAB AND UGLY. LIFE CAN BE BEAUTIFUL" if only we can reshuffle the constituent parts that formed the dreary design of our national life" into a "picture of democratic justice and spiritual beauty."' The words are those of George Biddle, American artist, mural painter, and Groton schoolmate of that master reshuffler and reshaper of American life, Franklin Delano Roosevelt, and they reflect the faith of those who believed that inherent in the American dream of a more abundant life was the promise not only of economic and social justice but also of cultural enrichment-in short, "Arts for the Millions." Individuals sharing that belief expressed it in a variety of phrases. "People's Theatre" was the term of those who saw in the federal theatre project the seeds of a national institution belonging to all the people. In the same spirit, Federal Art Project directors entitled a collection of essays on that project, "Art for the Millions."2 But it is the term "cultural democracy"3 which best encompasses the ideas and aspirations of a New Deal elite who sought to integrate the artist into the mainstream of American life and make the arts both expressive of the spirit of a nation and accessible to its people.4

Justice as Fairness: For Groups?

Abstract: In A Theory of Justice, John Rawls assumes that the principles of justice are for individuals in a society, and in general he assumes that the society is an ethnically homogeneous state. He thus follows the tradition associated with the dominant form of the social contract theory, which focuses on the individual and the state. His assumptions neglect the fact that almost all states are ethnically plural or heterogeneous, and that many of them confer special status and rights on ethnic groups as collective entities; for example, many of them confer special status and rights on indigenous groups, on groups disadvantaged by prior discrimination, and on minorities and other groups conceded a right to survive as distinct cultural entities. Status and rights for groups necessarily mean differentiation among individuals depending on their membership; and this in turn means that a theory of justice that focuses on the individual and neglects the group both fails to account for existing practices and fails to give guidance where the practices are at issue.

Revisability and Rational Choice

Abstract: 1 There is no dearth of objections to Rawls's A Theory of justice Scores of articles and several books begin by praising the rigor and depth of Rawls's book and end by concluding that it is thoroughly mistaken In the present essay I will not add to the list of negative responses to A Theory of Justice Instead I will attempt to reply to Rawls's critics in a way which makes a positive contribution to his theory

The Hidden Dimension of Public Policy: Private Governments and the Policy-Making Process

Abstract: P UBLIC POLICY, like obscenity, is usually defined in practice by Justice Potter Stewart's maxim: "I don't know how to define it, but I know it when I see it." On a superficial level, most definitions are in basic agreement and differences are primarily semantic. Overcoming the diversity of more specific definitions, the new Policy Studies Organization defines policy as "actual and potential government programs and actions designed to cope with various social problems."' More specifically, Robert Salisbury's definition states: "Public policy consists in authoritative or sanctioned decisions by governmental actors. It refers to the 'substance' of what government does and is to be distinguished from the processes by which decisions are made. Policy here means the outcomes or outputs of governmental processes."2 Common to these and most other definitions of public policy is the broad notion that public policy is what government does. What differences there are in definitions involve policy-the question of defining that "what" in what government does. It is widely as-

Hell and the God of Justice

Abstract: Christians have often held that on the day of judgment God will condemn some persons who have disobeyed him to a hell of everlasting torment and total unhappiness from which there is no hope of escape, as a punishment for their deeds up to that time. This is not the only way that hell has been or could be conceived of, but it has been the predominant conception in the Christian church throughout much of its history and it is the one on which I shall focus in this paper.

Forums for Justice: A Cross-Cultural Perspective

Abstract: There are persons in all human societies who have problems of debt, of theft, of infidelity, of employment, of falsification, of property. Some of these people seek to do something about their problems and in so doing use and even create forums for justice. Depending on their choice and use of forums, they may resolve the original problem or may cause it to escalate. Problems in achieving just solutions result from the dilemmas of legal pluralism, from professionalism, and from conditions of scarcity. Materials from a variety of societies ranging from simple to complex will be reviewed in order to raise fundamental issues about the direction and meaning of justice and law-related phenomena.

Vargas and Brazilian Economic Development, 1930–1945: A Reappraisal of his Attitude Toward Industrialization and Planning

Abstract: A struggle for industrialization is one of the major themes of the recent history of not only Brazil, but virtually the whole of Latin America. The historical evolution of that struggle finds a common denominator in the structural similarities of the national economies of the region. Assessment of Brazil's experience in the post-1929 period should therefore yield insights into the problems that Latin America as a whole faced during the international upheaval spawned by the financial collapse of 1929. Such an appraisal may also provide empirical assistance for the elaboration of future comparative studies. The specific analytical focus of this article is the attitude of Getulio Vargas' government toward industrialization and planning, a theme whose re-evaluation serves, furthermore, to do justice to the enigmatic and reluctant revolutionary who governed Brazil during critical years and depression and war.

The Determinants and Effects of Antitrust Activity

Abstract: SERIOUS difficulties, both practical and conceptual, beset any attempt to measure the effects of antitrust policies. Not only are controlled experiments impossible, but it is not fully clear how one should expect policy consequences to be manifested. Thus even the most comprehensive effort to date, by Stigler,' was limited to rather general conclusions, the "strongest" of which he termed "not overpowering in the volume or pointedness of the evidence." During the past few years a new approach to the problem has been pursued. Although antitrust consequences are frequently difficult to isolate and observe directly, some useful inferences have been drawn from examinations of enforcement patterns. Posner, for example, in a detailed analysis of historical data, was able to conclude that the antitrust agencies "are ignoring the prerequisites ... of serious planning."2 More recently Long, Schramm, and Tollison have reported that economic variables explain to some degree variations in Department of Justice cases across industries.3 Their main finding is that industry volume of sales is the most important determinant of casebringing activity, with factors such as profitability and concentration playing a secondary role. Such studies have enlarged substantially our insight into the ways in which policy functions. This paper attempts to extend these effortsparticularly the work of Long et al.-by further exploring the role of industry size as a determinant of casebringing patterns. It is argued, however, that there are limitations to the amount we can learn by relating antitrust cases to industry economic characteristics, in part because the criteria underlying case selection cannot be unambiguously inferred.

Justice and the Jury

Abstract: The jury has been described as serving one of two separate functions. It can be seen as an institution designed to ensure the accuracy of fact finding in the adjudication of disputes, applying to the facts of the dispute the law as given by the judge; or it can be seen as an institution which has the right to construe or ignore a relevant rule of law in a case in which its application would not be in accord with the notions of justice and fairness prevailing in the community. After a short review of some of the views taken on each of these sides, we consider the kinds of extra-legal factors that appear to influence jury decisions.