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‘It’s a fucking joke,’ the blond said, leaning against the bar and spreading his hands out expressively at the man standing next to him. ‘You don’t see fucking Real Madrid getting this shit do you? No, of course you don’t. Fifa’s out to fucking get me.’

 

‘Sure,’ the man he was talking to shrugged, looking half interested and half not. Laura couldn’t tell if he was blond. In some lights it looked almost silver. Weird.

 

‘Oh come on. You don’t think that I have a right to be fucked off?’ the first snarled, as if the other had insulted his mother. ‘You’d be throwing a fit if this was Bayern Munich we were talking about!’

 

‘Aha!’ the second man smiled knowingly. ‘And that’s where you’re wrong. I don’t give a <i>shit</i> about Bayern München because, my friend, you should know that I always hated that cunt Bayern, not that I should have expected you to remember that, since you were busy playing “la- la- la- not- listening” at the time that I kicked West’s arse into shape. Point is you used a shitty example. Now… Berliner FC Dynamo? That’s a football team,’ he said emphatically, accompanying it with a slam of his palm, flat onto the surface of the bar.

 

‘Umm… can I get you lads anything?’ Laura interrupted, seizing upon the momentary lull in order to get a word in edgewise.

 

They blinked at her, as if they had momentarily forgotten that she was there. She didn’t take it personally. It often happened when men got talking about football (which, in a pub, was often.)

 

The blond(er) one spoke first. ‘Sorry, love. I’ll have a pint of Newkie Brown, please.’ Laura had to fight back the eye roll at how cliché it was when non- Geordies ordered Newkie Brown in her pub. It was pathetic and probably how the Irish felt when people ordered Guinness in their pubs. Still, she considered as she turned to the other man, blondie was obviously English, but fuck if she could place his accent. He was probably a southerner, she reckoned, though he sounded like no southerner she’d ever met before.

 

‘Do you have Beck’s?’ the not- English one said.

 

Laura glanced at their beer selection. ‘We have Grolsch?’ she offered.

 

He pulled a face at that. ‘Just give me whatever then. As long as it’s beer I don’t really care.’

 

For the ease of it, she decided to pour him Newcastle Brown Ale too, stealing casual glances at the two as she did so. Much as the English guy was dressed like a ponce, and the… German? was dressed like he was trying to look like a teenager going through an awkward, and half- arsed Goth phase, they were both pretty lush. Personally, Laura preferred the one with weird- coloured hair. She liked foreigners. They always had such sexy accents.

 

‘So…’ she said with a well- practiced, flirtatious little smile as she handed him his ale. ‘You German or something?’

 

He pulled a strange expression, but it quickly faded into an oddly proud look. ‘Prussian, actually,’ he corrected.

 

Laura, having left high school three years previously with four level A- C GCSEs, (none of which being in History), cocked her head prettily to one side as she pulled the other pint. ‘Is that like being Russian?’

 

The English guy snorted in laugher as the German guy immediately deflated. ‘No. No it’s not.’

 

‘Look, don’t worry about it, Laura,’ the English man said, having recovered from his laughing fit, leaning over to drop a ten pound note into her waiting hand. ‘Keep the change.’

 

He pulled his companion (definitely German. “Sheiße” had been one of the first words she’d learnt in her first German lesson back in high school) away by the arm and settled into one of the booths opposite the bar.

 

She smiled after them. At least this shift she’d have a nice view.

 

She was startled out of her thoughts when she felt nothing but the softness of her left breast under her hand. Looking down at herself, and patting across her chest, she realised that, as usual, she’d forgotten to put her nametag on.

 

She stared at the two men in confusion for a moment. Weird.

 

==============

‘Anything else?’ she asked as she handed them their third pint.

 

The German bloke looked to Arthur (‘Arthur!’ she’d heard the German shout five minutes earlier, almost making her drop a bottle of Aftershock on her foot, ‘you can’t seriously think that you’re going to win Eurovision next year!’) with a questioning look.

 

Arthur shrugged. ‘Crisps?’

 

‘Ah!’ the other said with a comical widening of his eyes. (They were red. Must be some weird contacts or something. Whatever. He was still fit.) He turned back to her and slapped his hand against the surface of the bar again. ‘Crisps!’ he demanded.

 

‘What flavour?’ she asked politely. ‘We have Ready Salted, Ba-’

 

‘All of them,’ Mr. Red Eyes interrupted with a slightly manic grin. ‘Oh! And a bag of nuts too.’

 

Laura excused herself for a moment in order to raid the crisp boxes in the stock room, taking a good minute to gather all of the various flavours up and balance them properly in her arms.

 

‘But fuck, really,’ Red Eyes was saying as she returned, not noticing as she piled her armful onto the bar. ‘You should have seen Romano’s face. If Spain stopped buhyoo-ing over him for five seconds, he’d realise that the little shit’s practically giving him an open invitation. You don’t blush like that if you don’t at least want to fuck. Well,’ he said, taking a swig of his beer. ‘I don’t blush full stop, but you know what I mean.’

 

Arthur shrugged. ‘What the fuck can we do about it anyway? Romano shits his pants the moment you or I so much as look at him, and talking to Spain is like talking to a retarded puppy. Either way, I don’t give a fuck about the pathetic state of their shitty love life.’

 

‘Then why did you bring it up?’ Laura couldn’t see the German guy’s face, turned, as she was, to pluck a packet of nuts off of one of the shelves behind the bar. She could practically hear the smirk in his voice.

 

‘B- because they piss me off! Just looking at them dance around each other like a pair of school children drives me up the sodding wall. It’d be bad enough if it was just in UN meetings, but it’s in the EU meetings too and—urgh,’ he finished with an irritated huff.

 

‘The EU?’ Laura joined in as she set the nuts down on the bar. She couldn’t help it. Part of the reason why she was a barmaid was because she was a naturally chatty person. ‘Is that like the European Union?’

 

Caught off guard, the two men glanced at each other cautiously. ‘Uh… yeah,’ Arthur said slowly. ‘We work for the… commission.’

 

‘Government types, eh? Can’t you, like, stop that thing that makes us pay for France’s farming or something? I don’t like the French.’

 

The German guy smirked and rolled his eyes. Arthur chuckled around something that sounded vaguely like ‘That’s my girl.’

 

 

Gil (‘Go and get the next round in, will you, Gil? I need to take a piss.’) was the one to approach the bar next. Rather than order their sixth pint, as she was expecting, he instead looked thoughtfully at where the schnapps hung above the bar.

 

‘Same again?’ Laura pushed after a few drawn out seconds of silence.

 

Gil shrugged and grinned, turning his attention back to her. ‘Nah. Get me two shots of peach Schnaps, will you?’

 

‘Sure.’

 

She was pouring the second shot out when Arthur rejoined them, sliding straight up to the bar to lean against it next to Gil.

 

‘Do you have a beer garden?’ He asked, knocking the shot back almost before her fingers had left the glass.

 

‘We don’t, unfortunately. Just the car park outside,’ she answered.

 

Arthur nodded, and then inclined his head towards the empty glass. ‘Same again, please.’ He turned to Gil, who mirrored his gesture, and stared right back at him. ‘Fancy going for a fag?’

 

‘Outside?’ he grimaced.

 

‘Yes, well, if I don’t adhere to my own laws, then it won’t look very good will it?’

 

‘Stupid law,’ Gil muttered (Laura had to agree. Alcohol laws were down since the smoking ban) before clinking his newly refilled glass of schnapps against Arthur’s, gulping it down and wiping his mouth with the back of his hand. ‘Come on then. Let’s enjoy the cold, summer air.’

 

They were gone for more than five minutes before they returned, laughing raucously and talking in stuttering German. It made Laura wish that she’d taken her language GCSE further. She’d all but forgotten everything but “danke” and “kaput”.

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It seems at first glance as if Japan’s return to being a world economic power so quickly after the Second World War was a ‘miracle’. However, this dissertation has found that in actuality, one can see that many factors contributed to Japan’s re-rise. It was this complex intertwining of both external and domestic policies, initiatives, and interests that came together to see to the re-emergence of Japan as an economic giant. With the analysis of events presented by the dissertation, one can see that Japan’s economic recovery following the Pacific War, while meteoric, was certainly not a ‘miracle’.

As stated by Sato Eisaku (who would later go on to become Prime Minister of Japan), “whenever Japan took a path counter to the United States, the country suffered; and whenever the two countries worked together closely, Japan prospered” (Buruma, 2003, p. 139). Japan’s role as an ally of the US in the containment of the USSR undoubtedly allowed Japan to shift its focus away from security and onto economic strategies. The aid of the US in both economic terms, and in military terms was invaluable in allowing the Japanese to utilise subsidiaries, trade, and investment from the US. Due to the US overseeing Japan’s defence, and pledging military support through such treaties as the Mutual Security Agreement of 1951, the percentage of Japan’s own budget that would have otherwise been spent on defence could be redirected into the economic strategies that contributed to the economic boom that occurred shortly after US Occupation officially ended. In this way, part of the answer to the original question proposed by this dissertation as to whether responsibility for the creation of modern Japan lies with the United States, is yes. By turning a former enemy into an ally in the Cold War, the US played a vital role in the ‘economic miracle’ of modern Japan. Only a few short years after the Pacific war and the devastation that Japan suffered, not only in the face of two nuclear strikes, but also at the hands of Japan’s own wartime government bleeding the economy dry in order to sustain the war effort, the US, in viewing Japan as an ally in combating the expansion of communism in East Asia, dedicated money, people and resources towards rebuilding the Japanese economy as quickly as possible. To serve their own interests the US had to aid Japan’s interests. If the Cold War had not happened, and the US had felt no real pressing reason to change its Occupation policy of demilitarising, and democratising Japan (as stated previously, the initial policy of the US Occupation was that of ensuring that Japan did not rise up again a few years after the Pacific war and once again pose a threat to security in the region) then it is doubtful that Japan would have even been allowed to recover so quickly, let alone have gone on to achieve an ‘economic miracle’.

That being said, however, the cooperation of the zaikai (keiretsu), the saving system, and the increase in exports of technological, metal, and chemical goods were also extremely important factors in the economic recovery of Japan. As Ray A. Moore excellently summarises, “defeated Japan, however great the physical destruction, was not an empty blackboard on which Americans wrote a series of reforms” due to the “Japanese participants, objectives, and ideas influencing events.” (Moore, 1979, p. 723).

Interestingly, all of the factors mentioned in the previous paragraph were not only Japan’s own initiatives, but were initiatives that had been in place since before, and during the war. That Japan’s key industries after the war had been developed as a result of the war should not be ignored. The government- bureaucracy- business cooperation in the post war era should not be regarded as a post- war development when one again looks into the pre-war period and observes the roles played by the zaibatsu. From these findings, one can see that although US aid contributed greatly to Japan’s successful economic growth, it could be said that it was the way in which the Japanese handled that aid along with their economy once sovereignty had been restored to them, that truly created the ‘economic miracle’.

During the Occupation, for example, aside from monetary aid, Washington did little to benefit the Japanese economy through reform. After all, as explored in a previous section of the dissertation, economic reform under SCAP was not particularly successful, (in part, due to the initial policy of SCAP seeing to the deindustrialisation of Japan, before Japan became an ally to the US against the communist threat, and policy shifted towards rebuilding Japan instead) and the Japanese economy did not see a good rate of recovery until after the Occupation had ended.
By analysing the progress that was made in Japan in the pre-war period one can see that the emphasis that Japan placed upon the heavy industries that had grown so experienced and efficient during the run up to, and during the Pacific war was an extremely beneficial, long- term strategy. The reformation of the conglomerates, along with renewing government- bureaucracy- business cooperation shows how Japan fell back into pre- war methods with which it was both successful and experienced with. This was purely Japanese. In fact, the US was not particularly fond of the somewhat undemocratic business system in which competition was not promoted, and had rather naively hoped that “the Japanese people… will not willingly return to the shackles of an authoritarian government and economy” (Fishel, 1951, p. 211). This prediction that Japan would adapt a new, more democratic free market system upon its return to sovereignty obviously did not come to fruition. The speedy return to the conglomerates (in the form of the zaikai) working with the bureaucracy and the government in managing the economy, however, proved to be more beneficial to the country than harmful. In regards to this, the progress that Japan made following the end of the US Occupation, and upon handling their own economy once more cannot be attributed to the US, but rather the to Japanese themselves. From this perspective, one can answer the question of whether the responsibility for the creation of modern Japan lies with the United States negatively. While the US aided in Japan’s post- Occupation economic boom, it was the Japanese themselves who took the economy into their own hands and, by shifting focus to the key industries that had been developed during the war, emphasising the benefits of saving money to the Japanese public, and by restoring the relationship between big business leaders, the bureaucracy and the government in order to adopt the most beneficial economic strategies for all involved, the Japanese themselves managed to direct and focus the economy in such a way that it rapidly grew stronger.

Throughout the dissertation, by looking into developments during the pre-war period, and by comparing them with the post-war period, one can find that there is a great deal of similarity that suggests that, if anything, rather than starting anew after the war, Japan’s progress was simply a continuing process. The Pacific war saw a decline in Japan’s foreign relations, and trade, and the economy ruined in order to maintain the high rate of weapon manufacturing, but when one puts this into perspective by taking into account development before the war, and after the war, this period of time can be seen as little more than a ‘blip’ in a continual process of development, and economic growth in Japan. The ‘new’ Japan that arose from the ashes of the defeated Axis power can, with all of this in mind, hardly be called new.

The contributions of the US, both in military and economic terms, coupled with the previous experience, and purely Japanese approach to economics both led to the economic boom that Japan experienced so quickly after its defeat in 1945.  However, when one looks further back into the history, this economic boom should not have been so unexpected, much less described as a miracle. From the moment the Black Ships arrived in 1855, Japan had begun its slow, and steady rise from a closed off, feudal system, to of a modern, and economically powerful state. When one looks into the continued economic growth shortly before the war, and the continuation of that growth from the Occupation onwards, one can almost call the Second World War an interruption to an otherwise steady, consistent economic growth, therefore making the post-war boom not only expected, but also natural.

To conclude, this dissertation suggests that although US aid played a huge role in aiding the Japanese economy, the overall responsibility for the post- war boom was the Japanese themselves. By employing tactics and relying on abilities that had overseen the previous economic growth that had been such a success for decades, the Japanese quickly rebuilt, and restored their economy to what it should have been, had the Second World War not occurred. In this way, one can not only say that the Japanese were the force mostly responsible for creating the ‘economic miracle’ of modern Japan, but also that there was no ‘economic miracle’ as the economic boom that grew so rapidly from the 1950s was the result of naturally occurring progression in the Japanese economy.

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Is Care Ethics a viable alternative to current theories of justice?

Among the fiercest critics of contemporary political theory are feminists. In some cases, feminists may offer alternative institutional designs. One such example of this is the ethics of care. However, as with any theory, is it a viable alternative to justice in the non-ideal world? This essay seeks to explore this question, focusing on critique by authors such as Brian Barry representing an Impartialist point of view, and Martha Nussbaum representing a Liberal perspective.

The founding mother of the ethics of care, Carol Gilligan, initially developed her thesis as a critique towards Kohlberg, and, in particular, his six stages of moral reasoning. Gilligan argued that women rarely made it past the first three stages after she conducted studies with women who were choosing to abort their babies. From her findings, she went further into studying the difference in which the way men and women made moral judgements and perceived justice.

Her book, In a Different Voice revolutionised ideas on women, morals and justice and bought into focus an alternative to the ethics of justice- ethics of care. For example, one of her conclusions was that “Men’s emphasis on separation and autonomy stresses justice, fairness and rights. Women’s emphasis on connections and relationships leads them to develop a style of moral reasoning that stresses the wants, needs, and interests of particular people,” (Tang, 1998, p. 154). Care ethics, she states, focuses on interdependency, and relationships shaping the moral agent, placing them in a web of care for others around them, rather than the typically male agent who focuses on autonomy, independence, justice and rules.

She also argued that women are not morally inferior to men, but morally different and that “Gilligan contends that most earlier studies of human moral development generalised the experiences and views of men as adequate to describe human moral development generally and that, thus, women’s moral development usually is judged as deficient” (Johannesen, 2001, p. 212).

Her focus on how women were different, and not inferior inspired many other feminist thinkers such as Nel Noddings. Noddings’s book Caring: A Feminine Approach to Ethics and Moral Education took Gilligan’s ideas further and developed them. For example, on the subject of justice, Nodding’s stated that women are just as able to speak in the language of justice as men are, but it is not their native tongue as women are more likely to focus upon concrete need over abstract rights. She also went onto suggest that men and women’s perception of ‘evil’ is different; women perceive evil as harming others (an experience of evil), whereas men perceive evil as breaking rules (an idea of evil). Noddings also drew a distinction between natural caring and ethical caring (I want to care, versus, I must care).

Another theorist inspired by the ethics of care was Virginia Held. In her book The Ethics of Care: Personal, Political, Global, she went even further still into exploring care ethics as a theoretical approach and a viable alternative to other moral theories.


However, the question that this essay asks is whether care ethics is a viable alternative to ethics of justice. As Engster states, “it remains unclear whether care ethics can be developed into a distinctive institutional political theory, or represents only a supplement to liberal theories of justice.” (Engster, 2004, p. 113) This is a question that many of the critics of care ethics ask. Noddings herself stated, “caring is untranslatable into a general moral and political theory.” (Engster, 2004, p. 114) This understandably fuels some of the scepticism of the critics of care ethics.
One argument against care ethics is the issue of ‘impartiality’. Impartialists criticise Gilligan’s vision of care ethics, since the very concept of care and relationships are anything but impartial. In the famous example, a man cares more for his wife than a stranger and so, will choose to save her, which can lead to care being said to “outweigh considerations of impartiality” (Adler, 1989, p. 150). Furthermore Noddings in her book Caring opposes the ideas of justice as impartiality. Barry, on the other hand advocating ‘second- order impartiality’, in his book Justice as Impartiality counters her arguments by stating that ‘I do not believe it is possible to find a legitimate conflict between an ‘ethic of justice’ –construed in terms of justice as impartiality- and an ‘ethic of care.’” (Barry, 1995, p.251) Here he refers to Noddings and the partisans of care ethics who reject justice as impartiality, believing that they are just as guilty as Kohlberg in entailing a ‘universal first-order impartiality’, leaving no room in their moral space for any other basis of moral judgement. He goes on to say that in a society where all members act exclusively in regards to a Noddings form of ethics of care, there would be no cooperation towards the greater good as the concerns of the people within it would not extend beyond the nuclear family. He concedes that care ethics from a Nodding’s point of view may encourage a sense of obligation towards others in the society, but “nobody would feel that these obligations must be subordinated to the demands of justice as impartiality.” (Barry, 1995, p. 253)

He does reflect upon the views of the more moderate advocators of care ethics, however, saying that their demands are more focused upon more recognition and a fairer distribution of care. He states that, given this view, the principles of justice that come of justice as impartiality actually endorse these demands, thus reiterating his earlier point of the conflict between justice and care being a fake one. He later accuses anti- impartialists such as Noddings of focusing too much on universal first- order impartiality such as Kantian or utilitarian views and not accepting that impartiality does have a role to play in the ethics of care.


However, Virginia Held herself replied to Barry’s views in her book The Ethics of Care. While she agrees that Barry’s second- order impartiality is an improvement upon universal first- order impartiality, she accuses him of focusing too much upon the ideas that justice as impartiality should be prioritised, and that care is simply just the basis of choice “only where the requirements of justice have already been fulfilled.” (Held, 2006, p. 79) Furthermore, Held discusses the fact that care and justice are two different kinds of morality that may provide different moral judgements on the same issues. In these cases, one cannot follow both and so, a choice must be made between the two, thus highlighting again the conflict between care and justice that Barry deemed so bogus.

Finally, Held, on the subject of Barry’s overall research, accused him of focusing too much on what he thought to be a failing of Kohlberg’s theory, blaming him for confusion caused that led to the feminist critique of impartiality, whereas Held argues that it is Barry himself who misinterpreted Kohlberg. As a final point, Held points out that Barry also neglected to acknowledge that care ethics, unlike second- order impartiality, is not limited by the fact that we do not live in a just world.


Another critique of the ethics of care comes from another feminist- Martha Nussbaum. Essentially, she claims that care ethics merely traps women in their classic roles as carers, and that liberal universalism is superior to care ethics.

Nussbaum utilises the capabilities approach in her work, focusing instead on women’s equality in international law and universal human rights, rather than offering an alternative to justice. Her approach helps to explore the understanding of “barriers to women’s equality as not simply the product of inadequate resources but as the product of curtailment of women’s capabilities imposed by tradition and culture.” (Charlesworth, 2000, p. 78). Capabilities (as developed as Amartya Sen) in this context being essential to human nature, and the very notion of humanity (hence the close connection with human rights).

However, liberalism has frequently come under attack over the years by feminists for reasons such as it relying too heavily on reason rather than emotion, and too individualistic. As a liberalist, Nussbaum sought to refute these arguments with her own, individual brand of feminism.
Her capabilities approach effectively seeks to achieve the same goals as care ethics, in that women, along with the weaker members of society are allowed to develop their capabilities. Her capabilities approach also “recognises one of the central tenants of care theory: that people in need are simultaneously capable of providing care for others when adequately cared for themselves.” (Engster, 2004, p. 124)

And yet, despite possessing a similar opinion on the necessity of care, Nussbaum does not entirely support care ethics. As stated earlier in this essay, she feels that care ethics actually traps women in their classic roles as carers. Agreeing with critics such as MacKinnon and Card, Nussbaum questions whether the supposed “voice” of women (as believed by Gilligan and Held) that speaks out of care and forms the core of women’s morality is actually a socially constructed belief born of inequality. She states that “Anyone who believes, as I do, that emotions are in part made up out of socially learned beliefs is likely to share MacKinnon’s suspiciousness of emotions formed under conditions of injustice.” (Nussbaum, 1999, p. 14). Later in her book Sex & Social Justice, she argues against Noddings and her opinion that emotions should not be questioned and that reflecting upon them sullies them, since liberalism calls for scrutiny of emotions before they can be trusted as ‘guides to life’ (Nussbaum, 1999, p. 74). Also in reference to Noddings and her views on maternity and the relationship between mother and child, and following this example, people should give themselves over to others without question, Liberalism- and Nussbaum- argue that people should choose their relations freely. She confirms this by saying “Liberalism says to let them give themselves away to others- provided that they so choose in all freedom.” (Nussbaum, 1999, p.75)


Once again, Held defends care ethics in her book The Ethics of Care, stating that Nussbaum’s research is too narrow, and focuses too much upon blind care, as opposed to the favour reflective care that most advocators of care ethics prefer. She states that from this, true to Nussbaum’s Kantian liberalism, Nussbaum sees care ethics as “bad for women” (Held, 2006, p.94). She concludes, in argument to liberal individualism, that “it is not satisfactory to think of care, as it is conceptualised by liberal individualism, as a mere personal preference an individual may choose or not.” (Held, 2006, p. 95), summarising quite efficiently the general argument of the advocators of care ethics in regards to liberal individualism.



Ethics of care is successful in adding a level of humanity to justice; however, it is not a viable replacement for justice. To answer the initial question that this essay proposed more fully, schools such as the Liberal school, and the Impartialist school argue that ethics of care is an effective supplement to theories of justice. Neither approach denies the importance of care in both morality, and in society, but neither feels that care ethics should replace current institutional designs. Furthermore Gilligan believed the two ‘voices’ to be incompatible initially, but in her later work she admits that the two ethics “are both adequate from a normative point of view; that they are compliments of one another involved in some sort of tense interplay; and that each is deficient without the other and thus ought to be integrated.” (Flanagan, and Jackson, 1993, p. 75)
In conclusion, in accordance to critique, and to influential figures in the care ethics approach, care ethics- while not a particularly viable replacement for justice- can be used to supplement it effectively. It adds an element of humanity to current approaches and, rather than being incompatible with justice, care ethics could well be a necessary consideration in modern political theory.



Bibliography

Gudykunst W.B, (2001), Communication Yearbook 25, London, Sage Publications. Inc.

Larrabee M, (1993) An Ethic of Care: Feminist and Interdisciplinary Perspectives, London, Routledge.

Barry B, (1995) Justice as Impartiality, Oxford, Oxford University Press.

Held V, (2006), The Ethics of Care, Oxford, Oxford University Press.

Nussbaum M C, (1999), Sex & Social Justice, Oxford, Oxford University Press.

Charlesworth H, Martha Nussbaum's Feminist Internationalism, Ethics, Vol. 111, No. 1 (Oct., 2000), pp. 64-78, The University of Chicago Press.  

Engster D, Care Ethics and Natural Law Theory: Toward an Institutional Political Theory of Caring, The Journal of Politics, Vol. 66, No. 1 (Feb., 2004), pp. 113-135, Cambridge University Press on behalf of the Southern Political Science Association.

Adler J E, Particullary, Gilligan, and the Two-Levels View: A Reply, Ethics, Vol. 100, No. 1 (Oct., 1989), pp. 149-156, The University of Chicago Press.

Blum L A, Gilligan and Kohlberg: Implications for Moral Theory, Ethics, Vol. 98, No. 3 (Apr., 1988), pp. 472-491, The University of Chicago Press.

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Lolerific shit )
Contemporary political theorists all argue that their institutional design for the world is the best. They will offer interesting critique on the work of their peers, before putting forward their own designs for how the world ought to be.

This essay seeks to argue that the ideas put forward by two particular theorists –Rawls and Nozick- while thought provoking, are fundamentally flawed by making too many ideal assumptions about the world.

One of MacMurray’s fiercest critiques of western philosophy is that it concentrates too much on what ought to be, rather than what is. “Nevertheless we must recognize the danger of the abstract view of philosophy taking to itself the past activities of education and instruction from the exalted position of the disinterested spectator.” (MacMurray, 1926, p. 621). This essay argues in agreement of this point, and further argues that designs put forward by Rawls and Nozick are not viable in the real world due to their ideal assumptions of the real world.

That is not to say that this essay argues that “ought” is not necessary. As Zimmerman states, “in a society of ‘ought’ believers we have ‘ethical’ and ‘moral standards.’” (Zimmerman, 1969, p. 85). Ought is necessary, however, this essay wishes to explore whether the ideas for institutional designs put forwards by Rawls and Nozick are transferable from the world of what ought to be into the world of what is. These specific theorists have been chosen because of their impact upon the world of contemporary political theory.

Rawls’ book, ‘A Theory of Justice’ is often regarded as a key text in regards to justice and rights. His ideas on the ‘original position’, ‘the veil of ignorance’, and ‘the two principles of justice’ will be discussed in this essay with regards to his ideal assumptions on the world and, in particular, on human nature.

Rawls sought to create a “conception of justice that nullifies the accidents of natural endowment” (Rawls, 1971, p. 15) by placing individuals behind a veil of justice in the original position. In this position, people will be ignorant of their natural talents and position in society, and so will have no idea how to pursue their own life plan. These individuals, Rawls suggests, will automatically assume that they are the ‘worst off’. As a result, social contracts created within the original position will be between equals, and the principles of justice that manifest will be fair and unanimous (since everyone will, out of self-interest will agree to principles that will protect them.) These principles, Rawls states, are the Principle of Equal Liberty, and the principle that social and economic inequalities must satisfy two conditions:

a)    To the greatest benefit of the least advantaged (maximin)

b)    Attached to positions and offices open to all.

However, critique arises from theorists such as Sprigge who argues –in regards to Rawls’ proposed principles- “that is as a kind of bargain, but it is a hypothetical bargain made in conditions we could never be in” (Sprigge, 1988, p. 215). And it is true. How could we in the real world be made completely ignorant of our natural skills and our standing in society? “Why we should be influenced by considerations of the bargain we would strike in impossible conditions is not clear”(Sprigge, 1988, p. 215), Sprigge argues further.

Let us suppose that we do take these two principles of justice to heart, despite them arising out of impossible conditions. Again contradictions arise.

The first principle of justice, Rawls argues, should not be compromised, as it is the right to equality. However, as Gorr suggests, it may well be compromised from the start as “there is a right to express one’s essential nature as a person, that right would be more plausibly interpreted as the right to express one’s essential characteristics as they are embodied, in all their particularity and concreteness, within oneself” (Gorr, 1991, p. 33). Here he argues that the natural abilities that Rawls desires to eliminate via the veil of ignorance are a defining part of a person’s nature- a nature that one has the right to express according to first principle of justice. If then the original position was somehow applied to a real life scenario, could it not be then argued that the original position itself can infringe upon the first principle of justice?

Both of the critiques so far focus on Rawls’ ideal assumptions of the world, particularly human nature. Rawls sought to defend himself from these critiques in his essay ‘Justice as Fairness: Political Not Metaphysical’. Here he states that he intended justice as fairness to be read as a political conception, “it is a moral conception worked out for a specific kind of subject, namely, for political, social, and economic institutions” (Rawls, 1985, p. 224) within, he states ‘modern constitutional democracies.’ He further goes on to state that it is not a “general moral conception to the basic structure of society” (Rawls, 1985, p. 225.) However, to return to a previous point, MacMurray argued that one cannot remove themselves from society, so how can justice as fairness be read as purely applicable to instructions that are not separate from society?

The second principle of justice –in particular the Difference Principle- comes under fire too. Nozick (among others) argues that the ‘well off’ in society may not even wish to help the less well off. Rawls makes the assumption that everyone would agree on the Difference Principle within the original position, but how can we assume that once the veil has been lifted that the well off will cooperate with it? Nozick argues against Rawls himself that “envy underlines Rawls’ conception of justice, forming part of its root notion” (Nozick, 1974, p. 229)- perhaps a little too harsh, but it provides an interesting point: if envy towards the well off causes the worse off to look upon their position in society more negatively, and so support the idea that the well off should work only for their benefit, then is the Difference Principle so fair after all? It seems too morally focused upon the worse off in society to be entirely fair.

What then does Nozick put forward as an alternative theory? His book ‘Anarchy, State, and Utopia’ is often cited as a ‘must read’ alongside ‘A Theory of Justice’ because it contends Rawls’ theories throughout and puts forward alternative ideas. The minimal state, and Entitlement theories are two particularly theories that this essay will focus upon. Could these offer a viable account of institutional design? This essay will now explore whether Nozick was more successful than Rawls was in making ideal and non-ideal assumptions.

Very unlike Rawls, Nozick is in favour of a minimal state model “limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts, and so on” (Nozick, 1974, p. ix). Within the minimal state people are a lot more individual and complex than in Rawls’ original position, and are free to pursue their own utopian life plan.

However, here Nozick writes his own downfall. “Nozick reasons as follows: People’s utopian visions not only differ, but are antagonistic,” says Fowler, “… Accordingly there is every reason to believe that no imaginable community will be suitable for everyone” (Fowler, 1980, p. 551). Already Nozick’s framework has been shown to not be viable in a real world scenario for, if applied to the real world- if the barriers in a minimal state could be overcome in the first place- Nozick’s society would fall apart due to a lack of social cohesion.

The second prominent design he put forwards was the Entitlement theory. This theory is in direct contention with Rawls’ Difference Principle as it argues that the government has no right to redistribute goods.

The three parts of the theory are; the theory of original acquisition (how things originally came to be legitimately owned); the theory of transfer (how things are passed legitimately from party to party; and the theory of rectification of injustices (past injustices are rectified via compensation.) In both the cases of acquisition and rectification, Nozick argues that there is no injustice as long as no one is made worse off. In regards to his theory of acquisition, Kavka argues that “For if only full compensation is required, a precise analogue of Nozick’s defence of private property can be constructed to justify to redistributive state” (Kavka, 1991, p. 303). This implies that people are better off living in a redistributive state rather than the minimalist state that Nozick suggested.

Again this theory is not applicable in the real world as the entitlement theory menas that his arguments over the defence of private property contradict his views on market compensation.


Thus far, just from looking at two of the most influential figures in contemporary political theory, we can see the issues with providing a viable account of institutional design. Too often theorists engage with ideal assumption s about the world and how it ‘ought’ to be. Very often these hypothetical situations and thought experiments cannot translate into the world that ‘is’, often due to the fickleness of human nature. This essay would like to presume to suggest that in order to provide a more viable institutional design, theorists of the future should focus more on what is, before they move onto what ought to be.
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Jun. 17th, 2009 10:31 pm
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