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Магистратура 2019/2020

## Теория справедливости

Статус: Курс по выбору (Философская антропология)
Направление: 47.04.01. Философия
Кто читает: Школа философии
Когда читается: 2-й курс, 1, 2 модуль
Формат изучения: Full time
Прогр. обучения: Философская антропология
Язык: английский
Кредиты: 6

### Course Syllabus

#### Abstract

This is an elective course to be offered at the second year of master’s program ‘Philosophical Anthropology’. It will deal with the major theories of justice, which have evolved within the American analytic tradition in the early 1970th up to now. This is a course in practical philosophy and we are going to regard the major theories not as a history of philosophy by as practical models applicable to the organization of the contemporary society.

#### Learning Objectives

• The objective of the course is to make students familiar with the major contemporary theories of justice and the development of the necessary analytic skills of evaluation of any normative conception of justice as well as the capacity to participate in the public discourse on justice, which is about to emerge.

#### Expected Learning Outcomes

• The students come to understand the basic ethical theories and the role of theories of justice in these theories
• The students come to understand the specificity of the language of justice and basic distinctions such as General Justice, Particular Justice and Formal Justice
• The knowledge of the major theories of utilitarian justice from Bentham to the contemporary welfare utilitarianism
• The knowledge of the system of arguments of John Rawls Theory of Justice. Understanding of its methodology and normative principles
• Understanding of the major developments in the Political Liberalism in comparison to Theory of Justice
• Understanding of the methodology and normative principles of the contemporary liberatarianism including the theory of Robert Nozick
• Understanding the major specificity of the rationalistic methodology of Morals by Agreement and the principles of justice stemming from it
• Understanding of the Marxist critique of justice and the possibility of reconstruction of the positive normative system of justice in the analytical marxism
• Understanding of the methodology and normative principles of feminism and the knowledge of the major theories
• The knowledge of the basic communitarian theories and the understanding of the general logic and scope of communitarian thought.
• The knowledge of the major paradigms of the just war theory. Understanding of the meaning and scope of the principles of the just war doctrine. The capacity to evaluate the current warfare from the point of view of justice

#### Course Contents

• Ethics, Morality, Justice
Ethics. The meaning of Ethics and Morality. Ethical Theory, General Ethics and Individual Ethics. The History of Morality. The Sociology of Morality. The Psychology of Morality. The stages of moral growth. Moralism, Immoralism, Amoralism. Human nature. Ethical skepticism. Metaethics. Theories of Metaethics. Naturalism. Emotivism. Universal Prescriptivism. Intuitivism. The nature of moral concepts. Good and Evil. Moral Relativism. Sentimentalism. Normative Ethics. Moral Theory. Egoism. Psychological Egoism. Religious Ethics. Convention. Particularism. Teleological Ethics. Consequentialism. Utilitarianism. Hedonism. Deontology. Kant’s categorical imperative. Virtue Ethics. Morality and Rationality. Negative versus Politive Rights and Duties. Elitism. Applied Ethics. Theories in Applied Ethics. Virtue Theory. Justice. The Ethics of Justice and indidividual perfection. Mutual aid. Cooperation. Equality. Morals and Politics. Rules, Norms and Principles. Happiness. Realizing of the self. Ideals.
• Language, Logic and Meaning of Justice
The revival of the normative ethics and the emergence of the problematic of justice. Aristotle on the subject matter of justice. The subject and typology of justice. The language of morals and the lexical analysis of justice. Structural functionalism on the basic structure of society and the core of the societal community. The relations of distribution, exchange and retribution. Universal justice and private justice. Distributive, retributive and communicative justice. Proportional and Equal Justice. Virtues of justice. The paradigms of justice. Distributive, retributive and communicative paradigms of justice. The role of the paradigms. Formal, substantive and procedural justice. The principles and the possibility of implication. The types of procedural justice. Egalitarian and hierarchical justice. The historical process and the tendency to egalitarian justice. Different forms of equality. Equality of chances and equality of resources. The circumstances of justice. Hume on the circumstances of justice. The scarcity of resources and the limited altruism. Conceptions of justice. The diversity of realization of freedom and equality. The content of liberal justice. Justice as the major liberal value. Justice as an alloy of freedom and equality.
• Utilitarian Theory of Justice
The conception of justice of the classical utilitarianism. Bentham on utility and hedonism. Welfairism and Consequentialism. The ideal of Equality. Psychological hedonism and the principal of the maximum happiness for the greatest number. Axiological hedonism. Mill on justice, utility and rights. Act utilitarianism and Rule utilitarianism. The role of distributive justice. Utilitarian nature of socialism. The utilitarian transformation of the liberal idea. The critique of the classical utilitarianism. The further transformation of utilitarianism in the works of Moore and Sidgwick. The conception of justice of the utilitarianism of the rational preference satisfaction. Desire, preference, value and utility. Hare and the idea of the utility of preference satisfaction. Pareto efficiency.. Kaldor-Hicks efficiency. The utility of economical interaction. Harsany. Utility and rational choice theory. Liberal critique of the utilitarian justice. Utilitarianism does not take into consideration the mode of distribution of goods. It does not consider the differences of the individuals. It does not consider the nature of the satisfied desire. Intuitively unacceptable practical results of utilitarian recommendations. The advantages and drawbacks of the utilitarian justice. Utilitarianism as a practical philosophy of radical reforms. The law of the reduction of the final value. Utilitarianism as a champion for social equality. Utilitarianism and game theory. Negative utilitarianism
• John Rawls. A theory of justice
Rawls and the revival of deontological liberalism. Hypothetical choice and the curtain of ignorance. The basic social institutions as the subject of justice. The methodology of Rawls. The method of hypothetical contract. Reflective equilibrium. Rational choice theory. Rational autonomy of the parties. Maximin strategy. The principles of justice. Equal liberty. Difference principle and fair equality of opportunity. The institutes of the just society. Three stages of justice. Principles, constitution and legislation of justice. The problems of economical justice. Two principles of justice and the problem of stability. The just society as a stable society. The right and the good and the principle of Aristotle in the implementation of social justice. Deontology of right and teleology of good in a unique balance of two principles of justice. The criticism. The criticism of the method of the hypothetical contractualism. Utilitarianism of Rawls. The practical advantages of the theory and the possibility of its implementation.
• Political Liberalism
Political constructivism of Rawls. The phenomenon of “Two Rawlss”. The critique of Habermas on Rawls. The communitarian critique. “Political, not metaphysical” slogan of a new version of the theory of justice by John Rawls. The transformation of the idea of the practical reason. The transformation of the conception of the person. The transformation of the conception of the society. The idea of an overlapping consensus. Comprehensive religions and metaphysical doctrines versus reasonable political doctrines. Justice as fairness as a political doctrine and the possibility of a consensus based on it. The idea of toleration as the framework of jutice. Priority of rights and ideas of the good. The new version of the deontological conception of justice. Five ideas of the good: Good as rationality, primary social goods, the good of comprehensive doctrines, good of political virtues, good of the well-organized political society and the good of justice in general terms. The idea of Public Reason. Public reason and private reason. Public reason and the principle of efficiency. The specificity of the general justice of political liberalism. The critique of the new development in the theory of justice. The practical vagueness and the lack of deontic force in the new theory of justice. The tendency to cultural relativism.
• Libertarian Theory of Justice
Justice based on the idea of natural rights. The idea of libertarian justice. The Libertarian Manifesto by John Hospers. Nobody is supposed to be slave or a master of another human being. The government as the most suspicious institute in human history in terms of rights. The idea of the minimal state. Force and fraud are the only perils of society to be prevented by the state apparatus. Liberalism versus Libertarism. The critic of the liberal justice by libertarianism. The critique of the idea of the social justice. The critique of deontological liberalism of John Rawls. The critique of the general idea of distributive justice. Patterned theories of justice and End-state theories of justice versus historical theories of justice. Violence as the usual outcome of distributive justice. The argument from Wilt Chemberlain on the justice of economic distribution. The critique of the methodology of the hypothetical choice under the curtain of ignorance. The critique of the empty abstraction of Rawlsian justice. The critique of expropriation of natural talents. Principles of Justice. The justice of origianal privatization of common goods. The justice of transfer. The justice of rectification. Lockean proviso on privatization of the common good. The conditions of just privatization of the common good. The drawbacks and advantages of the theory of Nozick. The formality of the principle of right. Practical inconsistency of the principles. Violence as the possible outcome of the application of principles.
• Justice by Agreement
The general ideal of rational normativity. The critique of moralism. The justice of amoralism The foundations. The maximizing theory of rationality. Utility, value, preference satisfaction. The situation of choice. Rational choice theory and game theory. Rational bargaining theory. Parametric and strategic choice. Optimality of the bargain. Prisoners dilemma. State of nature, market and cooperation as the stages of justice. Market as justice-free zone. Free riders and parasites as the inevitable actors on the free market. The injustice of the free market. The injustice of the factor rent and the critique of Nozick. Cooperation. The principle of maximinimal relative concession. The principle of constrained maximization. The ban on bettering your situation by worsening the situation of others. Freedom and equality as the fundamental prerequisite for cooperation. The conceptions of Society and Individual. The theory of progress as the movement from natural individual to economical individual and the to liberal individual. The interiorization of the societal values by liberal individual. Practical problems for the theory. It works only within the liberal culture. Any other society is risking to be plunged even deeper in anarchy by trying to apply the principles of Gauthie.
• Marxist critique of justice
The specificity of the Marxian justice. The problems with Marxian justice. Communism as a society beyond justice. Three forms of injustice of capitalism: It does not provide the economic growth, it exploits labor, it alienates the human being. Two levels of Marxian justice: capitalist justice and communist justice. The Scientific critique of the liberal justice. Marxism as a utilitarianism of consumption. The inner link of Marxism and utilitarianism. Kantian argument of exploitation. Aristotle on exploitation. Kant on exploitation. Institutional exploitation under capitalism. Capitalist labor as forced, unpaid and harmful, which makes it exploitive Perfexionism and the argument of alienation. The theoretical problems of perfectionism in general. Marxian perfection. Perfection as growth. Aristotelian principle of teleology and alienation. The theoretical problems of perfectionism and justice. Counter arguments of liberal justice. The contradictions of the principles of alienation and freedom. Practical problems of the realization of the Marxian justice.
• Feminism and justice
The political nature of feminism. Suppression and exploitation of women as the major sources of the movement. The practical nature of feminist philosophy and comprehension of justice. The facts of subjugation of women all over the world. Contemporary feminism. Many ways to obtain gender justice. Liberal Feminism. Marry Wallstoncraft and J. St. Mill. National Organization of Women (NOW). The Idea o Institutional Equality. Radical Cultural Feminism. The idea of elimination of gender. The radical cultural transformations based on the ideas of androginity and feminity. Marxist feminism. The private property on the means of production as the supposed cause of exploitation of women. Psychoanalytical feminism. Existential feminism. Postmodern feminism. The idea of deconstruction. Multicultural and global feminism. The critique of distributional paradigm. Domination and suppression. The institutional nature of contemporary injustice. Exploitation. Marginalization. Powerlessness, Cultural imperialism and violence as the five basic forms of the oppression of women. The formal equality and righteousness. MacKinnon on sexism, difference and dominance of male culture. The critique of liberal dichotomy of public and private. The injustice of private sphere. The ethics of care against the ethics of justice. The possibility of woman’s morality and a special virtue of care. Gilligan’s critique of moral psychology of Kolberg.
• Communitarian Critique of Justice
Fraternity as one of the ideals of French Revolution. Communitarianism as moral philosophy. The roots of communitarian philosophy in Aristotle, Aquinas Berk, Hegel, Gramchi. Common good and individual good. The communitarian critique of justice. The conflict of justice and love. Sandel on the limits of justice. The poverty of liberal agent. The critique of Kantian conception of the person. The communitarian idea of embeddedness of the agent into culture. Social atomism and asocial individualism. Individualism and hyperindividualism. The philosophy of individual autonomy and communitarian critique. Moral subjectivity of liberal conceptions. MacIntyre on emotivism of liberal moral conceptions. Abstract universalism. of liberal conceptions of justice. The complex pluralism of justice and complex equality of Walzer. The possibility of overcoming monopoly and domination by way of introducing complex equality of the unique concepts of justice attached to unique spheres of culture.
• Just War Theory
The historical background of the idea of the Just War. The ideas of justified war in the writings of Aristotle and Cicero. The Chinese traditional thought on the justified war. Mo Tzu. Just war in Islam. Hindi tradition on just war. The theological foundations of the doctrine of the Just War. Augustine on the Just War. Gratian on Just War. Aquinas on Just War. The idea of the Holy War and Crusade. 16th Brutish tradition of Holy War. Gosson. Amerinan neocons on the Holy War for sacred democracy. The ideological equivalent of the holy war. The concept of the “enemy of the humanity”. The rights based theory of just war. The basic rights of combatants and non combatants. The utilitarian theory of just war. Utilitarian rules of war. The contradictions of the just war theory. The basic contradiction of justice and justification. Justice as an end state. Utilitarianism of rights as the proper background of the Just War Theory. Jus ad Bellum. Mo Tzu, Mencius, Augustine, Aquinas on limitations of war. Just Cause. Self-Defence. Defence of others. Preventive war. Pre-emptive war. Humanitarian Intervention. Sufficient threat. Legitimate Authority. The ban of private warfare. The problem of insurgency, national liberation movement and national resistance. The problem of sovereignty. Multitude and Global Empire. The legitimacy of the UN authority. The Westphalian model Good Intentions. The subjectivity of intentions. The possibility of the correspondence of the Just Cause and Good Intentions. The philosophy of good intentions. Augustine and Aquinas. Grotious on good intentions. The principles of the second layer. The historical background of the principles. The Spanish Jurists, Grotius, Vattel. The likelihood of success. Hope of Success. The rationality of the principle. The possibility of the rational calculations of success. Last resort. Cicero on last resort. The Roman legal practice. Grotius on last resort. Last resort in international law. The problems with the principle. The policy of appeasement. The case study: the appeasement of Germany in 1939. Proportionality. The relational nature of the principle. The utilitarian justification of the principle. The problems with the principle. The permissive nature of the principle.

#### Assessment Elements

• Homework
• Essay of 10 thousand characters at maximum, related to one of the topics in the syllabus.
• Research paper of 20 thousands characters
• Oral exam.

#### Interim Assessment

• Interim assessment (2 module)
0.25 * Essay of 10 thousand characters at maximum, related to one of the topics in the syllabus. + 0.25 * Homework + 0.25 * Oral exam. + 0.25 * Research paper of 20 thousands characters

#### Recommended Core Bibliography

• Rawls, J. (2005). Political Liberalism (Vol. Expanded ed). New York: Columbia University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=944944
• Sandel, M. J. (1998). Liberalism and the Limits of Justice (Vol. 2nd ed). Cambridge, UK: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=510958
• SANDEL, M. J. (2011). Justice: What’s the Right Thing to Do? Boston University Law Review, 91(4), 1303–1310. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=asn&AN=65227273
• Scanlon, T., Brenkert, G. G., Cohen, M., & Nagel, T. (1980). Marx, Justice and History : A Philosophy and Public Affairs Reader. Princeton, New Jersey: Princeton University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=791912
• Thomas Christiano. (2018). Introduction to symposium on contemporary moral and political philosophy. Politics, Philosophy & Economics, (2), 117. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.a.sae.pophec.v17y2018i2p117.118
• Walzer, M. (2006). Just and Unjust Wars : A Moral Argument with Historical Illustrations (Vol. Fourth edition). New York: Basic Books. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=982029
• Young, I. M., & Allen, D. S. (2011). Justice and the Politics of Difference (Vol. Paperback reissue with a new forword by Danielle Allen). Princeton, New Jersey: Princeton University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1891884

• Bevir, M. (2017). John Rawls in Light of the Archive:Introduction to the Symposium on the Rawls Papers. Journal of the History of Ideas, 78(2), 255–263. https://doi.org/10.1353/jhi.2017.0013
• Boucher, D. (1994). David Gauthier and Robert Sugden, eds., Rationality, Justice and the Social Contract: Themes from ‘Morals by Agreement’, London, Harvester Wheatsheaf, 1993, pp. xii + 201. Utilitas, (02), 317. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.a.cup.utilit.v6y1994i02p317.319.00
• Cameron, D. (2019). Feminism : A Brief Introduction to the Ideas, Debates, and Politics of the Movement. Chicago: University of Chicago Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1941140
• Campbell, T. D. (1981). Judging Justice. An Introduction to Contemporary Political Philosophy (Book). Philosophical Quarterly, 31(125), 377–378. https://doi.org/10.2307/2219413
• Daly, J. (2000). Marx and Justice. International Journal of Philosophical Studies, 8(3), 351–370. https://doi.org/10.1080/096725500750039318
• DeLue, S. M. (1992). Contractarianism and Rational Choice: Essays on David Gauthier’s “Morals by Agreement.” Edited by Peter Vallentyne. New York: Cambridge University Press, 1991. 339p. $59.50 cloth,$18.95 paper. American Political Science Review, (04), 1050. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.a.cup.apsrev.v86y1992i04p1050.1051.09
• Etzioni, A. (1989). D54 - [Review of] Alasdair MacIntyre, After Virtue: A Study in Moral Theory; Michael J. Sandel, Liberalism and the Limits of Justice; Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality; Michael Walzer, Interpretation and Social Criticism; and Benjamin Barber, Strong Democracy: Participatory Politics for a New Age. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.50605D0D
• Eyckmans, J., & Kverndokk, S. (2010). Moral concerns on tradable pollution permits in international environmental agreements. Ecological Economics, (9), 1814. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.a.eee.ecolec.v69y2010i9p1814.1823
• Fitzgerald, J. (2014). The Cambridge Companion to Nozick’s Anarchy, State, and Utopia. Journal of Moral Philosophy, 11(4), 539–542. https://doi.org/10.1163/17455243-01104013
• Frank Forman. (1988). Morals by agreement. Public Choice, (1), 89. https://doi.org/10.1007/BF00052076
• Frankel, B. (1976). Robert Nozick’s Anarchy, State, and Utopia. Theory & Society, 3(3), 443. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=sih&AN=10819267
• Freyenhagen, F., & Finlayson, J. G. (2011). Habermas and Rawls : Disputing the Political. New York: Routledge. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=512305
• Gilligan, C. (1993). In a Different Voice : Psychological Theory and Women’s Development. Cambridge, Mass: Harvard University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=282661
• Grotius, H., & Neff, S. C. (2012). Hugo Grotius on the Law of War and Peace : Student Edition (Vol. Student ed). Cambridge: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=473237
• Halfond, I. (2019). Anarchy, State, and Utopia by Robert Nozick. Salem Press Biographical Encyclopedia. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=ers&AN=89876384
• Harsanyi, J. C. (1987). Morals by Agreement, David Gauthier, Oxford: Clarendon Press, 1986, 297 pages. Economics and Philosophy, (02), 339. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.a.cup.ecnphi.v3y1987i02p339.351.00
• Hausman, D. M. (2012). Preference, Value, Choice, and Welfare. Cambridge: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=432747
• Ian Fraser. (2016). Sen, Marx and justice: a critique. International Journal of Social Economics, (12), 1194. https://doi.org/10.1108/IJSE-08-2015-0202?utm_campaign=RePEc&WT.mc_id=RePEc
• John Rawls: An Introduction by Percy B. Lehning. Reflections on Rawls: An Assessment of His Legacy by Shaun P. Young (ed.) [book reviews]. (2011). https://doi.org/10.1111/j.1478-9302.2010.00227_1.x
• Kellogg, C. (1998). The Messianic without Marxism: Derrida’s Marx and the Question of Justice. Cultural Values, 2(1), 51. https://doi.org/10.1080/14797589809359287
• KYMLICKA, W. (2016). Liberalism, Community and Culture Twenty-Five Years On: Philosophical Inquiries and Political Claims. Dve Domovini / Two Homelands, 44, 67–76. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=asn&AN=119423512
• Leavitt, N. (2013). The Foreign Policy of John Rawls and Amartya Sen. Lanham, Maryland: Lexington Books. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=648569
• Liao, B., Slavkovik, M., & van der Torre, L. (2018). Building Jiminy Cricket: An Architecture for Moral Agreements Among Stakeholders. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsarx&AN=edsarx.1812.04741