poli-sci@ucbvax.ARPA (09/25/84)
From: JoSH <JoSH@RUTGERS.ARPA> Poli-Sci Digest Tue 25 Sep 84 Volume 4 Number 90 "The only existing things are atoms and empty space; all else is mere opinion." -- Democritus Contents: Freedom & Social Justice ---------------------------------------------------------------------- Date: Thu, 20 Sep 84 14:49:40 PDT From: David Alpern <ALPERN%ibm-sj.csnet@csnet-relay.arpa> Subject: Re: Freedom, etc. As a resident of Morton Grove, Illinois, living about 2 blocks from our border with Skokie, I know why I didn't want the Nazis around -- all the JDL people who had "quietly" settled into nearby hotel rooms threatening to cause real trouble. As I understand it, this was also the "explanation" offered by the various Police Departments that were involved in channeling the Nazis right back onto the highway as they tried to exit into Skokie. My feeling from the time was that the various anti-Nazi groups managed to convince the authorities that there would be enough trouble if the march occurred that the police were explicitely willing to violate the rights of the marchers in order to prevent violence in town. It was this decision, publicly stated this way, that seemed to get the ACLU involved. This isn't to say that I would have liked what the Nazis wanted to say; there wasn't much chance of that. But as many people in the area put it, they can say anything they want -- but down in Chicago, where the neighbors are used to them. ------------------------------ Date: 21 Sep 84 16:24:33 EDT From: JoSH <JoSH@RUTGERS.ARPA> Subject: Individual vs collective justice From: James A. Cox <APPLE @ MIT-MC> Subject: freedom Terry C. Savage's recent message is an illustration of an interesting problem of definition: is justice result-oriented or process-oriented? Those who believe that it is result-oriented want to arrange the rules of society so that particular results (e.g. an "equitable" distribution of wealth) follow. Those who believe that it is process-oriented want to set rules which they believe are inherently just (e.g. freedom of contract), and are willing to accept whatever outcome issues from those rules. If you're interested in problems of moral epistemology, I have a better one for you: Is justice an individual or a collective commodity? Your categorization implicitly assumes a collective point of view, and rejects the notion that individual rights are more important than "social justice", *without even considering it*. Given that you take as your goal a collective "justice", it is no wonder that you find individual rights impeding your way to it. That has been the experience of socialists in every experiment--including, ironically, the Nazis. There is more to the concept of rights than the pragmatic theory that the free market is the best way to achieve affluence. I urge you to consider it. I believe that an ethics built on individual rights is sounder than one built on "equitable distribution of income". I am in agreement with you on another unstated assumption, namely that there is an objective truth and that most people spouting their nutty theories are wrong in an absolute sense. However, I do not agree that the government, or any political process, is a good way to arrive at that truth. Indeed, whenever you start having to back your ideas up with guns, it's a pretty good sign that they're wrong. --JoSH ------------------------------ Date: 22 September 1984 03:28-EDT From: James A. Cox <APPLE @ MIT-MC> Subject: Stomping extremists Aspnes at MIT-MULTICS: ... much of modern history has been carried through by extreme and sometimes violent organizations. In many cases this does not produce a positive effect (e.g., Nazi Germany or Soviet Russia). But by suppressing fringe elements because they threaten the current theories of rights or justice, one commits a greater crime than hypocrisy; one dooms oneself to a possible undesirable status quo which continues because only extremists are capable of seeing its faults. I don't agree that only extremists are capable of seeing the faults of the status quo. And the important attribute of a theory of rights or justice is whether it's correct, not whether it's "current." - James Cox ------------------------------ Date: Mon, 24 Sep 84 14:46 EDT From: Aspnes@MIT-MULTICS.ARPA Subject: Justice, Correct and Current Apple at MIT-MC: "I don't agree that only extremists are capable of seeing the faults of the status quo. And the important attribute of a theory of rights or justice is whether it's correct, not whether it's 'current'." There are two good points raised here, which are both related to some degree. The entire purpose of my examples in my previous mailing was to attempt to show that organizations promoting what we would now consider to be "correct" theories of rights and justice were often forced into extreme positions because these theories conflicted with the prevaling ideas of the time. One can make a fairly good case that theories of a just society are by nature subjective, as they require certain unsupported assumptions about the nature of man and his relationship to his society. Some political philosophers have managed to cloud this issue by invoking self-evidence, Divine Will, or the reflexive property of equality as a basis for their doctrine, but few have been able or willing to demonstrate that their beliefs were necessarily correct under all circumstances. Of those who have, there is considerable disagreement. Consider, for example, Hobbes' assertion that "in Oriental despotism, one is free; in a democracy, some are free; in a monarchy, all are free." The statement is well-justified: Hobbes was well aware of the problem of the tyranny of the majority, and of the temptations of self-interest that inevitably destroyed the impartiality of democratic governments. We would not find this a valid basis for a system of government today, having accepted the principle that no citizen should be subjected to rule that he has not had some part, however small, in deciding. In the eighteenth century, an individual or group who questioned the doctrine of the monarchy was forced into an extreme or radical position, if only because the political system of the time was not designed to consider its own abolition. These basic assumptions are the flaws in the status quo which only extremists can question, as by questioning the most deep-rooted underlying philosophy of the organization of one's government, one becomes extreme merely through intellectual honesty and a will to put one's own idea of a just society into practice. Who are we to announce that we have achieved "correctness" in our principles of justice? History is full of governments, both fair and tyrannical, that have fallen through a failure to consider views that would require the alteration of much of their present structure or policies. If we squelch Nazis or Communists because we don't like them, we also run the danger of squelching more beneficent groups, be they Libertarian or Socialist, who might contain the seeds of the next advance in the evolution of our society. --Jim Aspnes (Aspnes@MIT-MULTICS.ARPA) ------------------------------ Date: Mon 24 Sep 84 15:15:52-PDT From: Terry C. Savage <TCS@USC-ECL.ARPA> "Results-oriented" vs "process-oriented" views of justice. It is only a question of semantics, of course, but I maintain it all boils down to results oriented anyway--If someone/some group is "process- oriented", all that really says is that some particular process is the result they want! TCS ------------------------------ Date: 25 September 1984 02:23-EDT From: James A. Cox <APPLE @ MIT-MC> Subject: Justice, Correct and Current Aspnes at MIT-MULTICS claims that "[i]f we squelch Nazis or Communists because we don't like them, we also run the danger of squelching more beneficent groups, be they Libertarian or Socialist, who might contain the seeds of the next advance in the evolution or our society." Earlier he asked, rhetorically, "Who are we to announce that we have achieved 'correctness' in our principles of justice?" I see evidence here of a double standard. "We" (presumably "liberal society") may not claim that our principles of justice are correct. But extremist groups, who are trying to supplant the "status quo," apparently may. Further, we may not attempt to suppress such groups because they might "contain the seeds of the next advance in the evolution of our society"--no matter that, once in power, they would not be so respectful of /our/ beliefs. If our society is truly so unsure of its principles that it no longer excludes even Nazism and Communism from the list of permissible outcomes of the political process, if indeed we have reached the point where we will allow that process to /determine/ our principles rather than to serve them, then this society is not worthy of survival. And I am confident that, if that is the case, we will in fact not survive, but will be replaced by some society which is less certain of its own unworthiness. - James Cox ------------------------------ Date: 25 September 1984 02:53-EDT From: James A. Cox <APPLE @ MIT-MC> Subject: Individual vs collective justice It seems to me that my dichotomy between result-oriented and procedure-oriented justice, while made from a collective point of view, is not exclusive of individual rights. It's just a different way of looking at things. Choose certain individual rights (e.g. traditional libertarian rights) and you get a system which conforms to procedural justice; choose others (e.g. the right to equality) and you get a system which conforms to result-oriented justice. Now it may be that you prefer to argue from the individual-rights point of view because you think you can convince people that the right to liberty is a "real" right, but the right to equality isn't. That's fine, but it doesn't mean that that is the only way of looking at justice. - James Cox [This was sent to me personally (in-reply-to the letter above). There wasn't time to ask Apple if it was intended for the digest if it were to make the same issue that the original msg was in. I apologize if it was not intended for the digest. --JoSH] ------------------------------ End of POLI-SCI Digest - 30 - -------