A Brief History of Justice

A Brief History of Justice

Volumn , Issue , 2011, Pages

  Johnston, David ^a  

^a NONE

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EID: 84874135074     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.1002/9781444397550     Document Type: Book

References (216)

1. Aristotle, Ethics The Fifth Book of the Nicomachean Ethics of Aristotle, edited and translated by Henry Jackson. Cambridge: Cambridge University Press, 1879.
2. Aristotle, Politics Aristotle. The Politics of Aristotle. For this work I have used two translations. Most references are to The Politics of Aristotle, translated by J. E. C. Welldon. London: Macmillan, 1901. For some passages that appear in Chapter 4, I have adopted the version in The Politics of Arisototle, translated with notes by Ernest Barker. Oxford: Clarendon Press, 1960. Where I have used Barker's translation, I have noted this fact.
3. Beccaria, Crimes Cesare Beccaria, On Crimes and Punishments andOther Writings, edited by Richard Bellamy, translated by Richard Davies. Cambridge: Cambridge University Press, 1995.
4. Bentham, Principles Jeremy Bentham, An Introduction to the Principles of Morals and Legislation. New York: Hafner, 1965.
5. Cicero, De legibus Cicero, On the Laws, in On the Commonwealth and On the Laws, edited and translated by James E. G. Zetzel. Cambridge: Cambridge University Press, 1999.
6. Code of Hammurabi The Babylonian Laws, edited and translated by G. R. Driver and John C. Miles, vol. 2. Oxford: Clarendon Press, 1955.
7. Hobbes, Leviathan Leviathan, or the Matter, Forme, and Power of a Commonwealth Ecclesiastical and Civil, in Thomas Hobbes, Leviathan: A Norton Critical Edition, edited by Richard E. Flathman and David Johnston. New York: W. W. Norton, 1997.
8. Homer, Iliad Homer, Iliad, translated by Richmond Lattimore. Chicago and London: University of Chicago Press, 1951.
9. Hume, Enquiry An Enquiry Concerning the Principles of Morals, in David Hume, Hume's Moral and Political Philosophy, edited by Henry D. Aiken. New York: Macmillan, 1948.
10. Kant, Critique Immanuel Kant, Critique of Pure Reason, translated by Norman Kemp Smith. London: Macmillan, 1973.
11. Kant, "Perpetual peace " "Perpetual peace: A philosophical sketch, " in Immanuel Kant, Political Writings, edited by Hans Reiss, translated by H. B. Nisbet, 2nd ed. Cambridge: Cambridge University Press, 1991.
12. Kant, Rechtslehre Immanuel Kant, The Metaphysics of Morals, translated by Mary Gregor. Cambridge: Cambridge University Press, 1991.
13. Kant, "Theory and practice " "On the common saying, 'This may be true in theory, but it does not apply in practice, " in Immanuel Kant, Political Writings, edited by Hans Reiss, translated by H. B. Nisbet, 2nd ed. Cambridge: Cambridge University Press, 1991.
14. Marx, "Gotha " Karl Marx, "Critique of the Gotha program, " in The Marx-Engels Reader, 2nd ed., edited by Robert C. Tucker. New York: Norton, 1978.
15. Marx, Ideology Karl Marx, The German Ideology: Part I, in The Marx-Engels Reader, 2nd ed., edited by Robert C. Tucker. New York: Norton, 1978.
16. New Testament New English Bible: New Testament. Cambridge: Oxford University Press and Cambridge University Press, 1961.
17. Old Testament New English Bible: The Old Testament. Cambridge: Oxford University Press and Cambridge University Press, 1970.
18. Plato, Republic Plato, Republic, translated by Alexander Kerr. Chicago: C. H. Kerr & Co., 1918.
19. Rawls, Collected Papers John Rawls, Collected Papers, edited by Samuel Freeman. Cambridge, MA: Harvard University Press, 1999.
20. Rawls, Restatement John Rawls, Justice as Fairness: A Restatement, edited by Erin Kelly. Cambridge, MA: Harvard University Press, 2001.
21. Rawls, Theory John Rawls, A Theory of Justice [1971], rev. ed. Cambridge, MA: Harvard University Press, 1999.
22. Saint-Simon, "Organizer " "First extract from 'The organizer,' " in Henri de Saint-Simon, Social Organization, the Science of Man, and Other Writings, edited and translated by Felix Markham. New York: Harper & Row, 1964.
23. Smith, Sentiments Adam Smith, The Theory of Moral Sentiments, edited by D. D. Raphael and A. L. Macfie. Oxford: Clarendon Press, 2001.
24. Smith, Wealth Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations. New York: Modern Library, n.d.
25. Spencer, Principles Herbert Spencer, The Principles of Ethics, 2 vols. New York: D. Appleton, 1898.
26. "some Good to himselfe ": Hobbes, Leviathan, ch. 14, p. 74.
27. "but of their advantages ": Smith, Wealth I.2, p. 14.
28. "their own self-interests ": Richard Alexander, The Biology of Moral Systems. Hawthorne, NY: A. de Gruyter, 1987, p. 3.
29. "we are born selfish ": Richard Dawkins, The Selfish Gene, new ed. Oxford: Oxford University Press, 1989, p. 3. Dawkins' intent was to describe the tendency of genes to propagate themselves, but his statement was widely understood to apply to individual human beings rather than to their genes.
30. whatever those objectives may be: For a fuller and more precise discussion, see Jon Elster, "Introduction, " in Jon Elster (ed.), Rational Choice, New York: New York University Press, 1986, pp. 1-33.
31. leaving (or withholding) a tip: Daniel Kahneman, Jack L. Knetsch, and Richard Thaler, "Fairness as a constraint on profit seeking: Entitlements in the market, " American Economic Review 76:4 (September 1986): 728-741.
32. punish others for acting unfairly: See Ernst Fehr and Simon G€achter, "Altruistic punishment in humans, " Nature 415 (10 January 2002): 137-140
33. Ernst Fehr and Urs Fischbacher, "The nature of human altruism, " Nature 425 (23 October 2003): 785-791.
34. victims of injustice: See Kristen R. Monroe, The Heart of Altruism: Perceptions of a Common Humanity. Princeton: Princeton University Press, 1996.
35. from one person to the next: See Ernst Fehr and Urs Fischbacher, "The nature of human altruism, " Nature 425 (23 October 2003): 785-791.
36. vary significantly across cultures: See Joseph Henrich, Robert Boyd, Samuel Bowles, Colin Camerer, Ernst Fehr, Herbert Gintis, and Richard McElreath, "In search of homo economicus: Behavioral experiments in 15 small-scale societies, " Economics and Social Behavior 91: 2 (May 2001): 73-78.
37. not unique to humans: See Frans de Waal, Good Natured: The Origins of Right and Wrong in Humans and Other Animals. Cambridge, MA: Harvard University Press, 1996;
38. Claudia Rutte and Michael Taborsky, "Generalized Reciprocity in Rats, " PLoS Biology 5:7 (July 2007): e196.
39. "justice and injustice and the like ": Aristotle, Politics I.ii, 1253a (Welldon's translation).
40. "offended with their fellows [. . .] ": Hobbes, Leviathan, ch. 17, pp. 94-95.
41. matters of a similar kind :Thishypothesis is suggestedbyRichard Joyce inThe Evolution of Morality. Cambridge and London: MIT Books, 2006, p. 89.
42. "to give light to the land ": Code of Hammurabi, p. 7.
43. "one mina of silver ": Code of Hammurabi, p. 77.
44. "he shall be put to death ": Code of Hammurabi, p. 17.
45. "from his hand shall be put to death ": Code of Hammurabi, p. 15.
46. "the orphan [and] the widow [. . .] ": Code of Hammurabi, p. 97.
47. "when I am weary with fighting ": Homer, Iliad I, 161-168.
48. "wrenched out the ash spear ": Homer, Iliad VI, 55-65.
49. "Whoever reviles his father or mother shall be put to death ": Exodus 21: 12-17 (in the Old Testament).
50. "retribution on his enemies ": Isaiah 59: 15-18 (in the Old Testament).
51. "on such a people? ": Jeremiah 5: 20, 27-29 (in the Old Testament).
52. "plead the widow's cause ": Isaiah 1: 17.
53. "says the Lord of Hosts ": Malachi 3: 5 (in the Old Testament).
54. profits handsomely from the arrangement: Genesis 13: 2 (in the Old Testament).
55. "compensation for the tooth ": Exodus 21: 2, 7, 8, 10, 11, 26, 27 (in the Old Testament).
56. "bruise for bruise, wound for wound ": Exodus 21: 23-25.
57. "he shall repay two ": Exodus 22: 1-3.
58. "which the Lord your God is giving you ": Exodus 20: 12.
59. values pertaining to reciprocity: See Jonathan Haidt and Craig Joseph, "Intuitive ethics: How innately prepared intuitions generate culturally variable virtues, " in Daedalus (Fall 2004): 55-66.
60. "forgetful of a benefit ": Quoted by Alvin W. Gouldner in "The norm of reciprocity: A preliminary statement, " American Sociological Review 25:2 (April 1960): 161.
61. "regarded as a duty ": Edward Westermarck, The Origin and Development of the Moral Ideas. London: Macmillan, 1908, vol. 2, p. 155.
62. for a benefit it has received: For a useful discussion of this range, see Marshall D. Sahlins, "On the sociology of primitive exchange, " in Michael Banton (ed.), The Relevance of Models for Social Anthropology. London: Tavistock Publications, 1965, pp. 139-236.
63. values pertaining to reciprocity and fairness: See again Jonathan Haidt and Craig Joseph, "Intuitive ethics: How innately prepared intuitions generate culturally variable virtues, " in Daedalus (Fall 2004): 55-66.
64. relations among equals: A well-known formulation of this idea appears in the "Melian Dialogue " in Thucydides' History of the Peloponnesian War, translated by Rex Warner. Harmondsworth, Middlesex: Penguin, 1972, Book V, Chs 84-114 (pp. 400-407).
65. 1926 edition of the Nicomachean Ethics: Aristotle, Nicomachean Ethics, translated by H. Rackham. New York and London: G. P. Putnam's Sons, 1926.
66. "he brings justice to all who have been wronged ": Psalm 103: 6 (in the Old Testament).
67. "and try the cause of the peoples fairly ": Psalm 9: 7-8.
68. "all memory of them is lost ": Psalm 9: 5-6.
69. "pay the highest honours to military prowess ": Aristotle, Politics 1324b (Barker's translation).
70. "their interest in justice stops ": Aristotle, Politics 1324b (Barker's translation).
71. Zeno's thinking in subsequent writings: For this reconstruction of Zeno's and later Stoic thinking, I rely heavily on Malcolm Schofield, The Stoic Idea of the City. Cambridge: Cambridge University Press, 1991.
72. "the whole subject of universal justice and law ": Cicero, De legibus I.17, p. 111.
73. "before any state was established ": Cicero, De legibus I.19, p. 112.
74. "no dissimilarity within the species ": Cicero, De legibus I.30, p. 116.
75. "reach virtue with the aid of a guide ": Cicero, De legibus I.30, 116.
76. 36th ("Borysthenitic ") discourse: Dio Chrysostom, with English translation by J. W. Cohoon and H. Lamar Crosby, in five vols. Cambridge, MA: Harvard University Press, 1961, vol. 3, pp. 417-475.
77. "how he will know himself ": Cicero, De legibus I.61, p. 127.
78. the Digest compiled under the Byzantine Emperor Justinian: The Digest of Justinian, translated and edited by Alan Watson, rev. ed., 2 vols. Philadelphia: University of Pennsylvania Press, 1998.
79. "armed with the power of the Spirit ": Luke 4: 14 (in the New Testament).
80. "which constitutes a household or a polis ": Aristotle, Politics I.ii, 1253a (Welldon's translation).
81. "without himself possessing it ": Aristotle, Politics I.v, 1254b (Welldon's translation).
82. "body to be ruled by the soul ": Aristotle, Politics I.v, 1254b (Welldon's translation).
83. "slavish subjection is advantageous ": Aristotle, Politics I.v, 1254b (Welldon's translation).
84. "the condition of slavery is alike expedient and just ": Aristotle, Politics I. vi, 1255a (Welldon's translation).
85. "identical in ideas ": Cicero, De legibus I.30, p. 116.
86. "the other flawed portions of the mind? ": Cicero, fragment quoted by St. Augustine in The City of God; as translated in Cicero, On the Commonwealth and On the Laws, edited James E. G. Zetzel. Cambridge: Cambridge University Press, 1999, p. 73.
87. "made subject to the ownership of another ": The Digest of Justinian, translated and edited by Alan Watson, rev. ed., 2 vols. Philadelphia: University of Pennsylvania Press, 1998, I, 5 (emphasis added).
88. "the aptest means thereunto ": Hobbes, Leviathan, ch. 14, p. 72.
89. "than be governed by others [. . .] ": Hobbes, Leviathan, ch. 15, p. 85.
90. "as from habit, custom, and education ": Smith, Wealth I.2, p. 15.
91. the sophist Protagoras (490-420 BCE) sketches a myth: As recounted by Plato at Protagoras 320c-322d, translated by W. K. C. Guthrie in The Collected Dialogues of Plato, edited by Edith Hamilton and Huntington Cairns (Princeton: Princeton University Press, 1973).
92. "as a plague to the city ": Plato, Protagoras 322d.
93. monarchy, oligarchy, and democracy: Herodotus, Histories, translated by Robin Waterfield. Oxford: Oxford University Press, 1998: Book III, Chs 80-82.
94. "man is naturally a political animal ": Aristotle, Politics I. ii, 1253a (Welldon's translation).
95. "justice of which I speak is natural ": Cicero, De legibus I.33, p. 117.
96. "justice is established not by opinion but by nature ": Cicero, De legibus I.28, p. 115.
97. in the capacities of humans to understand and to bring order to their world: R.W. Southern offers a now classic discussion of this process in The Making of the Middle Ages. New Haven and London: Yale University Press, 1953.
98. Sir Thomas More's Utopia: Thomas More, Utopia, edited by George M. Logan and Robert M. Adams. Cambridge: Cambridge University Press, 2002.
99. "they never yet saw any so well built ": Hobbes, Leviathan, ch. 30, pp. 170-171.
100. "such are those which I have in this discourse set forth ": Hobbes, Leviathan, ch. 30, p. 171.
101. "the instinct of generation and the institution of property ": Hume, Enquiry III, pt. 2, p. 200.
102. "Newton's chief rule of philosophizing ": Hume, Enquiry III, pt. 2, p. 201.
103. divine justice, natural justice, and political justice: Beccaria, Crimes: " To the reader, " pp. 4-5.
104. "rewards of the after-life ": Beccaria, Crimes, ch. 2, p. 11.
105. "influences beyond measure the happiness of all ": Beccaria, Crimes, ch. 2, p. 11.
106. "the association of mankind [. . .] ": Smith, Sentiments II. ii, p. 86.
107. "that general opulence to which it gives occasion ": Smith, Wealth I. 2, p. 13.
108. "nonsense upon stilts ": Jeremy Bentham, Anarchical Fallacies, in The Works of Jeremy Bentham, Published under the Superintendence of his Executor, John Bowring, 11 vols. Edinburgh: 1838-1843, vol. 2, p. 501.
109. "subject them to any authority ": "Of the original contract, " in David Hume, Hume's Moral and Political Philosophy, edited by Henry D. Aiken. New York: Macmillan, 1948, p. 357.
110. of command and obedience, not of justice: Hume, Enquiry III, pt. 1, pp. 190-191.
111. subjecting women to what amounts in practice to slavery: Hume, Enquiry III, pt. 1, p. 191.
112. should be accepted as a witness: Beccaria, Crimes, ch. 13, pp. 32-33.
113. having every accused person tried by peers: Beccaria, Crimes, ch. 14, pp. 34-36.
114. "from habit, custom, and education ": Smith, Wealth I. 2, p. 15.
115. "to a few very simple operations ": Smith, Wealth V. 1, p. 734.
116. "as is the happiness of the other ": Jeremy Bentham, as quoted in Paul J. Kelly, Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. Oxford: Oxford University Press, 1990, p. 179.
117. "nobody for more than one ": John Stuart Mill, Utilitarianism, in John Stuart Mill On Liberty and Other Essays, edited by John Gray. Oxford: Oxford University Press, 1998, p. 199.
118. "the sole foundation of its merit ": Hume, Enquiry III, pt. 1, p. 185.
119. "its merit and moral obligation ": Hume, Enquiry III, pt. 1, p. 189.
120. "to procure happiness and security ": Hume, Enquiry III, pt. 1, p. 187.
121. "the propagation of the species ": Smith, Sentiments II. ii, p. 87.
122. "the purposes of circulation or digestion ": Smith, Sentiments II. ii, p. 87.
123. "which in reality is the wisdom of God ": Smith, Sentiments II. ii, p. 87.
124. "to chastise the guilty ": Smith, Sentiments II. ii, p. 86.
125. a murderer to escape punishment: Smith, Sentiments II. ii, pp. 90-91.
126. "no other race of animals ": Smith, Wealth I. 2, p. 13.
127. "which was not part of his intention ": Smith, Wealth IV. 2, p. 423.
128. "obscure academic interpreters ": Beccaria, Crimes: "To the reader, " p. 3.
129. "a fleeting and haphazard necessity ": Beccaria, Crimes: "Introduction, " p. 7.
130. in his view they rarely do: Beccaria, Crimes, ch. 3, pp. 12-13.
131. "can derive from the crime ": Beccaria, Crimes, ch. 27, p. 64.
132. "turn back the clock? ": Beccaria, Crimes, ch. 12, p. 31.
133. "shared among the greater number ": Beccaria, Crimes: "Introduction, " p. 7.
134. "to their greatest happiness ": Beccaria, Crimes, ch. 41, p. 103.
135. "that is uniformly censorial ": Bentham, Principles, ch. 17, p. 329, note 1.
136. "the measure of right and wrong ": Jeremy Bentham, quotation from A Fragment on Government, in A Comment on the Commentaries and A Fragment on Government, edited by J. H. Burns and H. L. A. Hart. Oxford: Clarendon Press, 2010), p. 393.
137. the "greatest happiness principle ": Paul Kelly discusses this change in Bentham's formulation in Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. Oxford: Oxford University Press, 1990, p. 75.
138. "fastened to their throne ": Bentham, Principles, ch. 1, p. 1.
139. "security-providing principle ": Paul Kelly offers an extensive discussion of this principle in Bentham's later writings in ch. 6 of Utilitarianism and Distributive Justice (above).
140. "the profit of the offence ": Bentham, Principles, ch. 14, p. 179.
141. "a regular administration of justice ": Smith, Wealth V. 3, p. 862.
142. "the division of labor ": Smith, Wealth I. 1, p. 3.
143. "many an African king [. . .] ": Smith, Wealth I. 1, p. 12.
144. "undoing a crime already committed [. . .] ": Beccaria, Crimes, ch. 12, p. 31.
145. Some writers have argued: See below, ch. 8, I.
146. An example Kant offers: "Theory and practice, " pp. 70-71.
147. how to act in accordance with duty: "Theory and practice, " p. 70
148. how best to pursue his or her happiness: see also "Theory and practice, " p. 74.
149. any particular conception of happiness: "Theory and practice, " p. 74.
150. to keep from drowning: "Theory and practice, " p. 81n.
151. capable of knowing: Kant, Critique (generally).
152. the existence of God: Kant, Critique, p. 631 [A798/B826].
153. does happen in the world: Kant, Critique, p. 634 [A802/B830]; see also the similar discussion in Kant, Rechtslehre p. 42 [213-214].
154. arbitrary wills of others: See also Immanuel Kant, "Perpetual peace, " p. 99n.
155. "become a universal law ": Immanuel Kant, Grounding for the Metaphysics of Morals, translated by James W. Ellington, 3rd ed. Indianapolis and Cambridge: Hackett, 1993, p. 30 [421]. Kant offers similar formulations in his Rechtslehre p. 51 [224] and in "Perpetual peace, " p. 122.
156. "do unto you ": Matthew 7: 12.
157. "go with him two ": Matthew 5: 38-42.
158. a right to equality in possessions: Kant, "Theory and practice, " p. 75.
159. material possessions in the more usual sense: Kant, "Theory and practice, " p. 75.
160. "the utmost inequality ": Kant, "Theory and practice, " p. 75.
161. "the same right as he enjoys himself ": Kant, "Theory and practice, " p. 74 (emphasis added).
162. "a civil state, i.e. a commonwealth ": Kant, "Theory and practice, " p. 73.
163. contrary to justice: In addition to Kant's Rechtslehre, see his "Theory and practice, " p. 81 and his "Perpetual peace, " pp. 118n and 126.
164. "doing injustice to others ": "Perpetual peace, " p. 99n.
165. of great practical import: "Theory and practice, " p. 79.
166. what is harmful to them: "Theory and practice, " p. 74.
167. "the greatest conceivable despotism ": "Theory and practice, " p. 74.
168. with great inequality in possessions: "Theory and practice, " p. 75.
169. law is unjust: "Theory and practice, " p. 79 and "Perpetual peace, " p. 99n.
170. come into being: Plato, Republic 592b.
171. if that had happened: Thomas More, Utopia, edited by George M. Logan and Robert M. Adams. Cambridge: Cambridge University Press, 2002.
172. much as Francis Bacon had prophesied: Francis Bacon, TheNewOrganon, edited by Fulton H. Anderson. Indianapolis: Bobbs-Merrill, 1960.
173. less dramatic than they seemed at the time: Alexis de Tocqueville develops this argument in The Old Regime and the Revolution, edited by François Furet and FrançoiseMélonio, translated by Alan S. Kahan. Chicago: University of Chicago Press, 1998.
174. "it is for you to reconstitute it ": Saint-Simon, "The Reorganization of the European Community, " in Social Organization, the Science of Man, and Other Writings, edited and translated by Felix Markham. New York: Harper & Row, 1964, p. 29.
175. "towards inevitable results "; "of modern society ": Marx, Capital: A Critique of Political Economy, edited by Frederick Engels, translated by Samuel Moore and Edward Aveling. New York: International Publishers, 1967, pp. 8, 10.
176. "an alien power opposed to him ": Marx, Ideology, p. 160.
177. "the action of man [. . .] ": Marx, Ideology, p. 161.
178. "historical development up till now ": Marx, Ideology, p. 160.
179. against the subjection of women: John Stuart Mill, The Subjection of Women, in his On Liberty and Other Essays, edited by John Gray. Oxford: Oxford University Press, 1998.
180. "among human beings as such? ": Henry Sidgwick, The Methods of Ethics, 7th ed. Indianapolis and Cambridge: Hackett, 1981, p. 274.
181. in a periodical entitled the "Organizer ": Saint-Simon, "Organizer, " pp. 72-75.
182. "lifeless corpse ": Saint-Simon, "Organizer, " p. 72.
183. "society is a world which is upside down ": Saint-Simon, "Organizer, " p. 74.
184. some two generations later: Marx, "Gotha, " pp. 529-530.
185. to which all others are entitled: Spencer, Principles, vol. 2, p. 37.
186. "his ownnatureandconsequent conduct ": Spencer,Principles, vol.2,p. 37.
187. as a practical matter in the 1860s: For an extensive discussion, see P. S. Atiyah, The Rise and Fall of Freedom of Contract. Oxford: Clarendon Press, 1979.
188. a sphere of the family: Spencer, Principles, vol. 2, p. 42.
189. from status to contract: Henry Sumner Maine's Ancient Law (first published 1861, reprinted by Dorset Press, 1986) is one of the more prominent of several major works that suggested this shift.
190. as early as the mid-eighteenth century: See David Thompson, The Babeuf Plot: The Making of a Republican Legend. London: Kegan Paul, 1947, p. 7
191. "cancelled with respect to him ": Johann Gottlieb Fichte, Foundations of Natural Right, edited by Frederick Neuhouser, translated by Michael Baur. Cambridge: Cambridge University Press, 2000, p. 185.
192. an adequate share of goods: Johann Gottlieb Fichte, "The Closed Commercial State, " translated by Abraham Hayward, revised by H. S. Reiss and P. Brown, in The Political Thought of the German Romantics, 1793-1815, edited by H. S. Reiss. Oxford: Blackwell, 1955, p. 90.
193. "isolated monad[s] ": Karl Marx, "On the Jewish question, " in The Marx-Engels Reader, 2nd ed., edited by Richard C. Tucker. New York: Norton, 1978, p. 42.
194. associated the concept of rights with private property: Karl Marx, "On the Jewish question " (above), p. 42.
195. bulwarks of inequality: Marx, "Gotha, " p. 530.
196. "to each according to his needs ": Marx, "Gotha, " p. 531.
197. "he receives back in another ": Marx, "Gotha, " pp. 529-530.
198. "like every right ": Marx, "Gotha, " p. 530.
199. specific rules or institutional settings: For example, see Joel Feinberg, "Justice and personal desert, " in his Doing and Deserving: Essays in the Theory of Responsibility. Princeton: Princeton University Press, 1970.
200. a linen shirt and leather shoes: Smith, Wealth V. 2, p. 822.
201. "his own nature and consequent conduct ": Spencer, Principles, vol. 2, p. 37.
202. a society's institutions and social arrangements as a whole: This is a key theme in Friedrich A. Hayek's later writings, especially Law, Legislation and Liberty, vol. 2: The Mirage of Social Justice. Chicago and London: University of Chicago Press, 1976.
203. the importance of its abolition: Rawls mentioned this custom during a conversation with the author in Washington, DC in September 1991.
204. the right is prior to the good: This view is distinctively Kantian. For a brief discussion, see above, Ch. 6, I.
205. one familiar objection to utilitarianism: See above, Ch. 5, III.
206. "the utilitarian view is more fundamental ": John Rawls, "Two concepts of rules, " Philosophical Review 64:1 (January 1955): 3-32 (reprinted in Rawls, Collected Papers, pp. 20-46, at p. 23).
207. "the justice of the basic structure itself ": John Rawls, "Kantian constructivism in moral theory, " Journal of Philosophy 77 (September 1980): 515-572 (reprinted in Rawls, Collected Papers, pp. 303-358, at p. 337).
208. from one generation to the next: See Rawls, Restatement, pp. 4-8 for a fuller statement of this idea. 206 "most fundamental intuitive idea " of the theory: Rawls, Restatement, p. 5.
209. as much like moral geometry as possible: "Justice as fairness: Political not metaphysical, " Philosophy and Public Affairs 14 (1985): 223-251 (reprinted in Rawls, Collected Papers, pp. 388-414, at p. 403n).
210. to withhold their consent: Rawls, Restatement p. 4.
211. "over a complete life ": Rawls, Restatement p. 4
212. "the least advantaged members of society ": John Rawls, Political Liberalism. New York: Columbia University Press, 1993, p. 291.
213. "the theory of moral personality ": John Rawls, "Kantian constructivism in moral theory " (above) and Rawls, Restatement, pp. 18-19.
214. to satisfy the demands of reciprocity: Joseph Henrich, Robert Boyd, Samuel Bowles, Colin Camerer, Ernst Fehr, Herbert Gintis, and Richard McElreath, "In search of homo economicus: Behavioral experiments in 15 small-scale societies, " Economics and Social Behavior 91: 2 (May 2001): 73-78.
215. The Law of Peoples: John Rawls, The Law of Peoples. Cambridge, MA: Harvard University Press, 1999.
216. "their interest in justice stops ": Aristotle, Politics 1324b (Barker's translation).