The Idea of Justice [ペーパーバック]

Amartya Sen, recipient of the Nobel prize in Economics in 1998, is a very special economist. He has first-rate technical skills, he is a fine interpreter of the empirical evidence on the causes of famine and poverty around the world, he has a deep commitment to egalitarian social change, and he is a looming figure in modern political philosophy. Sen is a key contributor to the current movement towards integrating the insights of the various social sciences towards better understanding of society and increasing our capacity to improve social policy interventions in to economic and political life.

The Idea of Justice is a large, meandering book that is accessible to the novice in social theory and political philosophy, and includes most of the ideas Sen has championed in his long and productive career, plus a new idea that leads him beyond such established contemporary political philosophers as John Rawls and Ronald Dworkin.

In much the same way as German philosopher Jürgen Habermas, Sen's commitment to freedom and democracy is based not on distributional issues, but rather on a deep understanding of the importance of communicative discourse and public debate in making the good society. This commitment fits well with Sen's major contribution to welfare economics, which is providing an alternative to the selfish and materialistic Homo Economicus of standard neoclassical economics. For traditional economics, well-being is a function of the goods and services and individual enjoys. For Sen, well-being is a function of how fully and vigorously an individual exercises his human capabilities. Democracy, then, is less about who gets what, and more about how people come to craft both their personal life-meaning and their collective destiny through political participation and discourse.

As an indication of the power of Sen's reasoning, he shows clearly how a commitment to a capabilities orientation to human welfare helps understand why income and welfare are conceptually and factually distinct and only somewhat correlated. Sen treats poverty as an inability to develop and exercise one's personal capacities. Thus, a family in the United States can have much higher income than another in a third world country and yet suffer from poverty while its third world counterpart does not. This is because the US family may be socially dysfunctional, or may live in a community that fails to provide the social relations and cooperative institutions that allow people to develop their capacities even though lacking in income.

Sen's innovation in this book is to critique the "transcendental institutionalism" of such traditional moral philosophers as Hobbes, Rousseau, Kant, Dworkin and Rawls, who seek to define a set of social institutions that foster "perfect justice," Sen argues that perfect justice is not capable of attainment, and it is better to focus on how society can be improved from its current state, give its actual pattern of injustices.

I have two major criticisms of this book. The first is that Sen has not updated his model of the individual or his critique of the neoclassical model of economic man since his important contributions of thirty or forty years ago. You would not discover by reading this book that there has been a virtual revolution in economic thought concerning human nature starting in the 1980's with behavioral game theory, experimental economics, and more recently, neuroeconomics. We can now go far beyond Sen's rather diffident and anemic argument that people are not always completely selfish. Perhaps Sen considers this new research deficient in some way. Or, perhaps such empirical findings do not belong in the same league as the venerable Western and Indian philosophers he quotes so liberally. We simply do not know what Sen thinks about this, or what his motives were to ignore this rich vein of research of obvious relevance to his argument.

My second problem is a bit more fundamental. I am extremely skeptical concerning the whole approach to justice that has dominated analytical philosophy since Rawls' seminal A Theory of Justice. Sen critiques John Rawls, Ronald Dworkin, G. A. Cohen and other left-liberal thinkers on grounds of the impossibility of perfect justice. However, the real problem with these thinkers is that they believe justice is a matter of the distribution of wealth and income. This is not at all what justice means to most voters and citizens, who rather follow Robert Nozick in believing that justice consists in individuals getting that to which they are entitled by virtue of legitimate production, exchange, and inheritance. Serious thinkers must find the idea that ideal justice consists of complete social equality to be deeply repugnant.

In this view, justice is not fairness at all. Nevertheless, we can accept an entitlement view of justice and yet recognize that poverty, not some abstract inequality of income and wealth, is a real enemy of social wellbeing, not because it is unfair but because it is a preventable disease, like malaria, that we should not permit to inflict the young and innocent. Full social equality, then, is not a lamentable unattainable ideal state, but rather a thankfully unattainable monstrosity because it presupposes the absence of personal accountability and effectivity.

Sen's critique of the Rawlsian tradition is anemic and trivial. For this reason I find this book deeply disappointing. It is altogether too genteel in dealing with a philosophical tradition that deserves to be bitterly criticized, not gently reproached for its excessive zeal in the pursuit of an unattainable ideal.

Within the past month I was lucky enough to be able to meet with Amartya Sen thrice; at a conference, at a discussion and signing of his new book "The Idea of Justice," and at a dinner where I was honored to be able to hold a long discussion with him. Here I will draw on my understanding of him and his subject to give a brief review of his new book, "The Idea of Justice."

One of the carried misconceptions that I would like to point out in the beginning is that Sen is not a quote-and-quote hard boiled economist. Rather he is more of a philosopher of economic thought. As such most of his work carries inherent philosophies which can shake off the first readers. "The Idea of Justice" is entirely a building of philosophical ideologies as he draws on economic reasoning, current policies, laws and politics. One of the introductory examples Sen provides involves taking three kids and a flute. Anne says the flute should be given to her because she is the only one who knows how to play it. Bob says the flute should be handed to him as he is so poor he has no toys to play with. Carla says the flute is hers because it is the fruit of her own labor. How do we decide between these three legitimate claims?

Sen argues that with the current system which follows policies and laws based on a search of a "just society" as put forth by English Enlightenment Philosopher Thomas Hobbes and followed on by John Locke, Jean-Jacques Rousseau, Immanuel Kant and the contemporary most influential figure John Rawls (thereby often being referred to as the Rawlsian project; much of Sen's critique is towards Rawls' 1971 book, "A Theory of Justice"), there is no arrangement that can help us resolve this dispute in a universally accepted just manner. What really enables us to resolve the dispute between the three children is the value we attach to the pursuit of human fulfillment, removal of poverty, and the entitlement to enjoy the products of one's own labor.

Who gets the flute depends on your philosophy of justice. Bob, the poorest, will have the immediate support of the economic egalitarian. The libertarian would opt for Carla. The utilitarian hedonist will bicker a bit but will eventually settle for Anne because she will get the maximum pleasure, as she can actually play the instrument. While all three decisions are based on rational arguments and correct within their own perspective, they lead to totally different resolutions.

The current system, Sen argues, revolves around an imaginary "social contract" where we are trying to make ideally just institutions assuming that people will comply with it. Sen identifies two major problems with this "arrangement focused" or "transcendental institutionalism" approach. The first is a feasibility problem of coming to an agreement on the characteristics of a "just society;" the second a redundancy problem of trying to repeatedly identify a "just society."

What Sen proposes is a "realization-focused" approach that "concentrates on the actual behavior of people, rather than presuming compliance by all with ideal behavior." Instead of focusing on an ideally just society which is influencing much of the recent political economy, Sen's alternative focuses more on the removal of manifesting injustice on which we all rationally agree and the advancement of justice from the world as we see, instead of looking for perfection, which Sen points out, can never be attained.

What makes Sen's writing more appealing to me is how he correlates many previously almost sadly unnoticed eastern ideologies with the western approaches, including those of Kautliya, the Indian political economy and strategy writer now claimed to be the Indian Machiavelli (which is funny because Kautliya was from the 4th century BC being compared to Machiavelli from the 15th century) and from early Indian Jurisprudence, namely the niti and the nyaya, to mention a few. Although Amartya Sen touches on these eastern topics as inspirational matters, I would be more satisfied if he had gone into more detail of their analysis in his book, "The Idea of Justice."

Amartya Sen presents the remarkable conclusion that justice is a process that never becomes absolutely perfect. He presents very convincingly the view that you need to compare many alternatives "social choice" and discuss them widely with many people from different categories, also considering what other countries have done and rank these alternatives. In ranking you should not fall in the trap of mathematical optimization procedures. It requires common sense.
This does not mean you need ranking for gross injustices like racial discrimination. Sen rejects the Rawls idea of Justice as Fairness as it is one, may be the best one, of the absolute just systems. In fact all thinkers or politicians that claim to have developed an absolutely perfect system are wrong. Very important is to look not only at a system from a theoretical justice point of view but also equally important what is the reality of application at the level of all citizens.
He also makes a very interesting review of the Universal Declaration of Human Rights of the United Nations. His view is that the "rights" are not rights in the sense that they are legal rights to be enforced. They are however very important as aspects to be considered in the ranking of alternatives.
Those that might have hoped to find a system of justice that is absolutely right will be disappointed, those are looking ways to improve justice will be very enthusiastic about this book