Distributive Justice and Identity

In this OP I build a functional definition of distributive justice via an analysis of distribution of opportunities. I do this in terms of continuous freedoms and the ability to act on one’s desires. What makes my analysis unique is that I employ the theory of “value-specificity”, as I have termed it, in service of that analysis. Value-specificity allows us to logically connect identity to outcome, and, given a watertight definition of justice, should further allow us to develop a model for developing just criteria for determining which freedoms and permitted actions linked to identity are expressions of justice. That is, a model of distributive justice that acknowledges the practical import of identity is sought.

First, I explain some concepts:

The application of justice can be viewed to be based upon what I have come to term “valuations”. “Values” in this post can best be thought of as meaning-laden “measures” associated with a person’s identity that can be referenced against a group of internally hierarchical, or at least graded, categories to determine whether or not a given criterion applies to the person being considered—specifically with regards to criteria dictating the applicability of justice or just treatment. Thus, these measures, although of ambiguous dimensionality, correspond with any theoretical connections between justice and identity when those connections determine the applicability of justice. That is, justice is value-specific. There are, of course, many different valuations that could be irrelevant at any given point in time and some that are perhaps rarely relevant at all—but they could hypothetically become relevant if they were to have the correct sort of meaning. Arbitrary valuations (which might reasonably be considered to be the result of unjust criteria), are of particular importance because they give rise to dispensable forms of inequity.

Justice, although linked to tangible, discrete outcomes, is a deep, continuous project; hence, justice is something that is actively maintained, and the more visible outcomes linked to it do not always give a full account of what is actually happening; there must be an element of continuity over time—which will henceforth be specified as a weak condition necessary for evaluating the existence of justice—in the relationship between the freedoms one enjoys and one’s material conditions and also the traits associated with valuation affecting applicability of policy, one’s socioeconomic status, etc. to control for factors that might not be too easily seen. Clearly, there could be, on a descriptive level, many interrelated elements at play here, and I intend to bypass most of the potential entanglements via a general application of the idea of value-specificity over time.

There is then the part of justice that is more easily interpreted: the ability to act as one desires as is, or should be, allowed by one’s material circumstances or any other measure that is a function of a valuation such that one is not prevented from acting by arbitrary valuations. I take this sentence to mean two things: it means, in a narrow sense, that one should be able to act in accordance with one’s desires as a function of what one already materially has or could have, and, more generally, that one should be able to do what a relatively privileged person would be able to do in any given scenario (perhaps with the material resources). When I write “relatively privileged person”, I mean a hypothetical person possessing a valuation that would permit them to do what another person with a different arbitrary valuation could not do—it is not intended to indicate a general state of privilege.

If a justification for the previous two conditions is needed, consider the case of segregation. If one were to have the resources to move into a particularly “nice” neighborhood but is barred from doing so because it is “whites only”, or perhaps more euphemistically “high class”, then that would be a clear violation of both of the conditions: not only does one have the money to buy a home in the neighborhood, but one is also being barred from doing so via an arbitrary (racially motivated) valuation. That is, one is affected by an unjust criterion. Obviously, that is precisely the kind of thing we don’t want to happen; furthermore, I contend that justice exists in seeking and implementing just criteria to the end of reducing such injustice.

Thus, much of the OP can be distilled into three tidy, formal conditions that together are hopefully necessary and sufficient for determining both whether one is experiencing a state in which one is experiencing justice of opportunity and also what such a state would look like:

  1. Existence of continuity of freedoms.

  2. Parity in relative worth and applicability of resources in any given scenario.

  3. Movement towards, or actual parity in, valuations or criteria that allows one to act in ways unconstrained by unjust criteria, including parity in the valuations that allow opportunities to use material or other types of resources.

I now attempt to create a formal, temporal definition of what constitutes justice:

  • If a subset A of a person’s total freedoms and corresponding permitted actions contains freedoms with corresponding permitted actions, that are, as a function of a number of external factors—including those resulting from external valuations—continuous over time \Delta t, we can say that the person is experiencing weak justice across the subset of freedoms being considered over \Delta t.

  • If a person experiences weak justice across the subset of total freedoms being considered over time \Delta t, and they are able to take a subset B of subset C of the actions in A available to them that they desire to take as should be allowed by their material circumstances or any other measure that is a function of valuations over \Delta t such that no actions in C except perhaps those in C -B are prevented by arbitrary valuations, they must be experiencing justice across the actions in B taken over \Delta t.

This definition can be applied to determine just criteria for judging how one’s identity should relate to one’s freedoms and ability to act as one desires. Starting with the set of actions C selected from A: if one has the material or other types of resources to take an action in C allowed by one’s freedoms, but an arbitrary valuation is preventing one from taking it, then we know that one is experiencing an injustice—the action, on the basis of the arbitrary valuation, is not in B—and that said action, which must definitionally be in C - B, should actually be allowed under certain circumstances, i.e. the criterion dictating that this action be prevented over \Delta t is unjust and thus ought to be altered to allow the action given the freedoms in effect over \Delta t. This should foster the creation of just criteria. Otherwise, the action is simply an element of B—with the exception of actions prevented by just criteria: it is paramount to note that the definition does not preclude certain actions from being prevented from being taken due to a variety of non-arbitrary concerns: since many freedoms are contingent and I am merely stipulating continuity, even if one were to have a right to take an action in the weak sense at some point in time, many things could justifiably prevent one from taking such an action—including measures that are functions of non-arbitrary valuations and just criteria.

As has may have been noted by the reader, this model would best be applied from a starting point in which everyone is bound by some common, baseline set of principles and fundamental freedoms—even if those principles and freedoms are not themselves sufficient for attaining a complete, coherent model of justice. It is my belief, however, that if such principles and freedoms were to exist, and the definition in this OP were to be applied assiduously, everything would eventually pan out, and we would get something close to a rigorously justified egalitarianism.

Thanks for reading.

I’d say that you may have liberally and interchangeably used the word liberty (and what we do with liberty) to imply justice.

justice to me is an action, punitive or otherwise that corrects or aligns unlawful actions as prescribed by laws of that district or era.

My OP is about a specific form of distributive justice: justice of opportunity. Naturally, that has a lot to do with liberty and what people should be able to do with their freedoms, e.g. people should not be constrained by unjust criteria. Thus, justice of opportunity itself implies a significant level of liberty. Furthermore, justice, as I define it, requires liberty, both in the form or continuity of freedom and freedom from unjust criteria. I explained the application of the definition in the OP, but I don’t really see where I erroneously used any terms interchangeably.

Where there is inequity due to unjustified infringement of freedoms there is injustice, definitionally. That is perhaps the most important, fundamental thing to understand about the post.

Okay, yes, that is also justice, but not the kind of justice I write about in the OP.

Then I agree with the entirety of your OP, it is well written if not slightly over-elaborate but I guess you had to cover all angles there.

I would like to ask then if there is injustice due to infringement of freedoms how would you go about restoring justice in such situations? Is that even possible if the state itself is complicit in such injustices ?

Ideally, I would devise a system of meta-rules that allows for easy amendment of criteria such that justice is relatively easily restored. These meta-rules would also allow for a calculative approach to restoring justice: think of an incredible number of picture puzzles made of pieces of the same recurring shapes: one can either approach each puzzle based on how they intuitively know the individual pieces fit together from experience and an idea of what the end product should look like, or one could approach it from an algorithmic or otherwise rule-based standpoint—given there is a way of forming the necessary associations between the pieces and the characteristics of the pictures they depict.

The intuitive way of solving the puzzles is the rough equivalent of bringing about change via a more incremental process based on our intuitive notions of justice—which are still undoubtedly the objects of much discursion—and just outcomes and how to achieve them. The downside to doing it this way is that we are, at best, fumbling around while people suffer and governments cement their statuses as being able to perpetrate atrocities. Doing things this way, we may never resolve certain injustices even given our best efforts.

The other, calculative way of approaching justice—which allows us to bring intuition to bear still when needed—is superior given the model allowing us to determine in almost every case if one is experiencing an injustice because that model is basically unlimited in its application. We can apply the definition of justice in the OP to determine what criteria need to be altered to restore justice as quickly as we can muster the necessary data and to almost any conceivable collection of actions. Therefore, I think that the most significant limitations, then, in restoration of justice, would be the power and efficiency of the meta-rules and the actual rolling out of policy. Furthermore, the definition could also probably be applied to the actions of institutions—or anyone for that matter—if the meta-rules were to exist outside of the purview of said institutions; institutions, if held accountable, would not be able to bend or implement laws to the ends of justifying, enabling, or perpetrating injustice as easily.

What we need, in essence, is external, (indisputable?) meta-rules oriented toward efficiently producing and enacting just outcomes through amendment of criteria; activism and incremental processes of change are not enough on their own—as evidenced by the state of the world.

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I should clarify what I mean here, although I’m sure @invicta gets it:

I am saying here that we can selectively apply the definition to determine if there are lurking injustices in criteria informing apparent (but perhaps not proven to be) unjust actions taken by states; I am not suggesting we treat the actions of states to be functions of freedoms in the ways we do for individual people. I don’t think that would make much sense. So yes, if we were to hold states accountable based on the prescriptions resulting from application of the definition, it would indeed be more difficult for states to justify or perpetuate injustice through policy.

If you’re applying your meta rule when it comes to reforming state level imbalances of injustices inherent in such a system, are you ruling out the correction of unjust laws to be corrected organically without such meta pressures coming externally?

I think that’s what you’re implying for any given justice system would not be able to recognise within itself any laws which are unjust so an independent external body informed by citizens concerns would be necessary to correct it if it were external to it.

To be clear: the point of my last post was just to explain how the definition of justice would be applied in a mechanistic sense as a basis for the calculative approach. It is worth noting that the way in which the definition is applied would likely interact with or affect the kinds of meta-rules that might be applied to hold states accountable, but I don’t know how, exactly.

No, I would not rule out more organic corrections, but I don’t think they would be nearly as powerful or reliable in many cases. I mean, governmental reform occurs all of the time. I just think it could be done more quickly and efficiently—not even considering entrenched policies giving rise to injustice. In those cases, meta-pressures are what are needed.

I didn’t mean to imply that exactly, but an external body informed by citizens’ concerns does sound like it would be an excellent start.

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