Theoretical Problems of Justice/1st

Series of lectures by Prof. Reza Gholami

1^st session – July 3, 2024

 

Introduction Section

In the name of God, the Compassionate, the Merciful.

Initially, I would like to thank those who follow these lectures carefully. One of my intellectual projects over the last few years has been justice. I have also written a book titled “Study of the Theory of Justice in Islamic Thought” in Persian. These lectures are dedicated to the philosophical study of the most important theoretical problems of justice.

In fact, we are in the realm of political philosophy, aiming to understand the theoretical problems of justice through the lens of political philosophy, and then describe and analyze them. It is clear that, in my view, the theoretical problems of justice are the most fundamental and contemporary problems in this field.

• First. I need to highlight the importance of justice:

1. 1. Common Ground: Despite varying opinions on the concept of justice, humans can reach a shared understanding of it.
   2. Innate Tendency: Humans possess an inherent or semi-inherent inclination towards justice as a virtue, with substantial evidence supporting this natural tendency.
   3. Historical Pursuit: The quest for justice has been one of humanity’s most noble and enduring efforts. Those who champion justice often become celebrated heroes in their societies.
   4. Real-World Success: The implementation of justice in some societies, such as those in Western Europe and Scandinavia, has been relatively successful. Thus, achieving justice does not require a utopian ideal.
   5. Global Aspiration: Across the world, people still yearn for justice and suffer from various forms of injustice. This issue is so apparent that it doesn’t require statistical evidence. Furthermore, justice remains a key focus in global academic and research institutions.
   6. Universal Consensus: There is a nearly universal, albeit unwritten, consensus that without a reasonable level of justice, happiness and well-being cannot be attained. Numerous facts can be cited to support this agreement.

 

• You might ask why it is philosophically important to understand the theoretical problems of justice. Here are a few points to clarify its importance:

1. 1. Foundation of Research: Genuine research in philosophy and the humanities begins with identifying one or more active scientific problems. The art of a researcher lies in formulating pertinent questions or problems.
   2. Societal Engagement: In political philosophy, problems typically arise from the researcher’s deep engagement with society and its needs. This involvement helps create a balance between subjective and objective discussions.
   3. Avoiding Redundancy: Research without a clear problem often leads to repetitive or redundant findings. This issue is particularly noticeable in much of the existing research on justice.
   4. Pathway to Innovation: Since new ideas and innovation are the ultimate goals of research, understanding problems deeply is essential for fostering innovation. Problems act as a guide, showing researchers where innovation is needed.
   5. Systematic Relationships: Main and secondary problems are interconnected and influence each other. A systematic approach to identifying these relationships can make research on justice more fruitful.

Additionally, it is important to remember that the study of problems in justice is multidisciplinary, making such research inherently difficult and complex.

• Another question is what methods can be used to discover the theoretical problems of justice?

As mentioned before, researchers must engage with society to uncover problems related to justice. However, it is also important to recognize that some questions of justice arise from purely intellectual explorations. A researcher integrates observations from society into their intellectual framework and, after analyzing these observations, infers the problems of justice.

 There are several other ways to explore justice problems; I will mention some of them below:

1. 1. Criticism of Justice Theories: Critiquing justice theories is a crucial method for uncovering justice problems. Many ambiguities, weaknesses, and defects in theories of justice become evident through the critique process.
   2. Comparative Study of Justice Theories: Comparative studies involve comparing two or more theories within the same worldview or across different worldviews. This approach helps highlight differences, strengths, and weaknesses.
   3. Investigating the Practical Effectiveness of Justice Theories: It is essential to observe the practical effects of a theory. Public satisfaction is particularly important here. Researchers can use social studies to gauge the level of public satisfaction with the implementation of justice theories.

• Another question in this lecture is: What method is more suitable for analyzing justice problems? A suitable method should have the following features:

1. 1. Clarify Language Games: It should be able to clarify the language games behind the concepts.
   2. Explain Governing Principles: It should be capable of explaining the principles governing the problems.
   3. Identify Central Points: It should identify the central points of the problems and explain the relationships between these central points.
   4. Scientific Position: It should explain the scientific position of problems within the structure of the theory.
   5. Result of Problem Solving: It should elucidate the results of problem-solving and their role in the formation of the theory.
   6. Systematic Relationships: It should determine the systematic relationships between the problems.

• The next question in this lecture is: How much do the worldviews or values accepted by theorists affect their studies of justice problems?

It seems that no one can present themselves without a specific worldview. Even within a primary worldview—such as traditional, religious, or modern—there can be an infinite number of secondary worldviews. In other words, each person has a unique worldview.

All humans believe in a set of values and live according to those values. In my opinion, no one can claim to completely empty their mind of their worldview and values before studying justice. Such a claim is quite unusual.

Whether we like it or not, we perceive the world through the lens of our own worldview and accepted values. Therefore, when examining or critiquing a theory about justice, a researcher must take into account the theorist’s worldview and values.

Given that the world has become more interconnected and all societies are essentially on the same ship, I believe we should move towards adopting a common lens to observe and analyze the world.

• The next question is: What can be expected from a leading theory in the field of social justice?

Answering this question is not straightforward, but we can propose a number of primary expectations to form a pseudo-hypothesis. For instance, we expect a leading theory to:

1. 1. Balance Rights and Freedoms: While protecting individual freedoms, it should recognize social rights and provide an efficient formula for determining and realizing these rights.
   2. Complement Democracy: It should be fully compatible with democracy and address some of its weaknesses.
   3. Avoid Populism: It should maintain a clear distance from populism.
   4. Promote Equal Opportunities: It should provide more opportunities for talent development without any discrimination and support healthy, constructive competition.
   5. Link Various Forms of Justice: It should establish a systematic link between economic justice and political, social, cultural, and judicial justice, ensuring that one is not sacrificed for the other.
   6. Support Practical Rationality: It should create theoretical opportunities that practical rationality can use to establish rules for reducing all types of deprivation and minimizing social gaps.
   7. Enhance Well-being: It should increase well-being and life satisfaction among people in society.
   8. Promote Spiritual Advancement: It should help the spiritual advancement of humanity.
   9. Cultural Flexibility: It should converge with more cultures or show flexibility in facing different cultures.
   10. Reduce Conflicts: It should not only reduce social conflicts within countries but also help create lasting peace worldwide.
   11. Ease of Evaluation: It should be easy and accurate to evaluate its efficiency in forming practical rationality.

• However, our final question is whether theories of justice can be used directly in the field of practice?

My initial answer to this question is negative.

We should fundamentally distinguish between philosophy (and even the humanities) and practical rationality. The aim of philosophy is to identify the existence of things, while the aim of human sciences is to describe and analyze social phenomena. Therefore, it is clear that while philosophy and the humanities provide the groundwork for practical prescriptions, they do not themselves prescribe specific actions. In fact, after developing a theory, there must be room for practical rationality to specify the executive orders and rules in detail, based on the accepted theory.

 I will defer a detailed explanation of practical rationality and its relationship with philosophy and science for another time.