Equality in the present age has become an idol, in much the same way as property was in the age of Locke. Many people worship it, and think that it provides the key to the proper understanding of politics, and that on it alone can a genuinely just society be reconstructed. This is a mistake. Although, like property, it is a useful concept, and although, like property, there are occasions when we want to have it in practice, it is not (...) a fundamental concept any more than property is, nor can having it vouchsafe to us the good life. In an earlier paper I argued against equality by showing that the concept of equality was confused and that many of the arguments i egalitarians adduced were either invalid or else supported conclusions I which were not really egalitarian at all. Many egalitarians, however, have complained that my arguments were not fair, because I had failed to elucidate the concept adequately, or because the position I attacked was not one that any egalitarian really wished to maintain, or because I had overlooked other arguments which were effective in establishing egalitarian conclusions, or because the positive counter-arguments of my own I put forward more as a matter of taste than of serious political commitment. In this paper, therefore, I want to elucidate the concept more fully, concede what I should to my critics, point out that, even so, their conclusions do not follow, and give further reasons not only for supposing that egalitarian arguments are invalid but for discerning positive merits in some forms of inequality. (shrink)

In contemporary philosophy about justice, a contrast between empirical and transcendental approaches can be identified. Hillel Steiner represents an empirical approach: he argues for building an account of justice-as-rights out of the minimal inductive material of psychological linguistic and moral intuitions. From this opening, he ultimately concludes that persons have original rights to self-ownership and to an initially equal share of natural resources. Emmanuel Levinas represents a transcendental approach: he argues that justice arises from a transcendent ethical relation of responsibility-for-the-Other. (...) This relation underpins all subjective cognition, and makes rationality, reasoning, and rights possible.Analysis of each of these positions reveals certain problems. On the one hand, Steiner’s argument contains a number of latent methodological, conceptual, and structural presuppositions. These include the pretheoretical concepts of “person”, “equality”, and “consistency”. These presuppositions prefigure and condition the conclusions which Steiner reaches. On the other hand, Levinas fails to provide a convincing account of how the self comes to be an object of my own deliberations about morality and justice. This amounts to an annihilation of the subject which undermines his argument for the subject as a site of responsible action. As Steiner identifies, justice encompasses equal moral agents. Levinas’s hyperbolic description of the ethical relation’s asymmetry must therefore be revised.Nevertheless, what remains is the strength of Levinas’s argument for the priority of the ethical relation over thematization, rationality, and consciousness. The hidden presuppositions supporting Steiner’s work are evidence of Levinas’s plausibility in this respect. Steiner’s account of justice-as-rights requires a prior ethical relation in which we recognise one another as separate persons, each possessing an ethical status of their own; an attitude of justice motivates Steiner’s description of justice. This attitude is evident in language, which is communication before it is thought. In that individual rights can be conceived only on the basis of a relation of responsibility, rights are primordially the rights of the Other. (shrink)

Taking a largely thematic approach, this reflection aims to demonstrate the richness of Julia Kristeva’s theoretical work in relation to questions of justice and injustice. Injustice becomes primary because a definition of justice continues to be open to debate, whereas injustice as incarnate in the scapegoat as depicted by René Girard is far less so, if at all. Through her analyses of the work of Mallarmé and the Paris of the Dreyfus affair, Céline and abjection and anti-Semitism, the ‘need to (...) believe’ as a key component of subjectivity, the foreigner as the other in ourselves, Dostoyevsky and forgiveness, a vista is opened up onto injustice and how it might be combatted. (shrink)