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he theory of justice that John Rawls spent his life action takes place. Basic structure refers to the latter. Theo-
Marx applies this point to proposals for socialist We need not accept that voluntary agreement is the
institutions. single criterion for evaluating the justice of processes pro-
ducing distributive patterns in order to accept the point
Vulgar socialism (and from it in turn a section of the democracy) that a theory of justice should give a central place to
has taken over from the bourgeois economists the consideration evaluation of those social processes. I myself reject Nozicks
and treatment of distribution as independent of the mode of
production and hence the presentation of socialism as turning theory. By regarding the social processes that produce
principally on distribution.7 distributions as a series of individual transactions be-
tween individuals, Nozick himself allows no place for
In Marxs view, the relations of production should be the an account and evaluation of a large-scale set of back-
primary focus of concern, because they condition the dis- ground conditions to transactions that is the basic
tribution of producer and consumer goods. The relations structure of society. As Rawls himself points out in de-
of production have a distributive elementnamely, that fending the need for state institutions to regulate
some people own capital resources while most do not, and economic processes, a pattern can be the result of a series
therefore most must work for wages in order to live. Rela- and aggregate of voluntary agreements with structural
tions of production, however, refer primarily to the pro- consequences that no one intended, but which en-
cesses of investment, production, marketing, technological danger the lives, health and freedom of some.9 Basing a
invention, and so on, through which owners accumulate conception of justice only on the question of whether
profit by exploiting the labor of some and marginalizing outcomes are brought about by voluntary agreement
others. refuses to treat such large social structures produced by
In the twenty-first century some radical social move- the confluence of microprocesses as coming under judg-
ments, such as feminist, queer, anti-racist, and disability ments of justice.
movements, have argued that the social structures produc- In spite of these disagreements, the point I draw from
ing injustices should be understood as plural, and not Nozick is one I think he shares with Marx: the processes
limited to relations of production. The sort of argument that produce distributive patterns are at least as important
that Marx made, then, needs to be extended to a wider as the patterns themselves for making judgments of jus-
range of basic social structural phenomena. More often tice, as well as for understanding how to remedy injustice.
than not, when we ask about the fair distribution of goods, Taking the basic structure as the subject of justice can
income, jobs, costs, etc., we presuppose an existing set of bring attention to these processes. To do so, however, we
structural relationships whose rules of property, authority will require a more developed account of what the basic
and decision making power, assignment of tasks, posi- structure includes and how structural processes produce
tions of legal or social authority, or everyday conventions injustices than Rawlss theory offers. In the following sec-
already determine much about the parameters within which tions I offer three features of the basic structure of modern
distributions can occur. A critical theory of justice, then, societies that raise issues of justice additional to distribu-
should be equipped to evaluate these social structures them- tion of resources or positions.
selves, and not only the distributional alternatives they
circumscribe or that presuppose them.
We need not look only to the socialist tradition to find Economic Justice and the Division
criticism of focus on distribution in theorizing justice. of Labor
Robert Nozicks libertarian theory criticizes Rawls for focus- Rawls considers the social division of labor to be a general
ing on the evaluation of single time patterns of the distri- aspect of the basic structure of society. Indeed, a division
bution of goods among persons. This focus deflects from of labor is a fundamental aspect of a system of social coop-
the real issues of justice, according to Nozick, which con- eration. It is generally beneficial for people to develop
cern whether these distributive patterns have come about their different and complementary talents and specialize
from a process and history in which people received their in different tasks, thus depending on one another to meet
due, or whether the process involved moral wrongs.8 their needs and satisfy their wants in a more complete and
Nozick himself, as well as other libertarians, finds only efficient way than they could on their own.10
one criterion by which the justice of the process should be There are at least two interpretations one can give to
evaluated: whether the process has involved voluntary agree- how the social division of labor raises issues of justice.
ments between people at every stage. If the processes have One sees the question as distributive in form, the other
involved force or fraud, then the resulting patterns should does not. While both have moral weight, I think that
be altered in a manner that compensates for this injustice. the second interpretation raises more basic questions
To the extent that a distributive pattern results from trans- about the justice of institutional organization and social
actions that are uncoerced and honest, they must be con- structure.
sidered just, no matter how unequal different persons Under the first interpretation, issues of justice in the
holdings. division of labor concern what sort of people do what sort
92 Perspectives on Politics
of work; they concern the pattern of the distribution of quate because he fails to address issues of the gender divi-
persons or kinds of persons among positions and kinds of sion of labor in the family.13 In Justice as Fairness: A
positions. If we observe a pattern, for example, in which Restatement, Rawls internalizes this criticism. Proper appli-
menial and servant labor is done primarily by people of cation of principles of equal liberty and a principle of fair
color, and people of color are hardly ever among those equality of opportunity, he says, should suffice to secure
with high paid professional positions, then this raises issues equality and independence for women.14 Moreover, to
about whether people of color are unjustly limited to cer- the extent that a source of womens inequality lies in their
tain occupations.11 greater share in the bearing, nurturing, and caring for
Rawls addresses issues of justice concerning the divi- children in the traditional division of labor in the family,
sion of labor primarily with the principle of fair equality steps need to be taken either to equalize their share or to
of opportunity. Justice requires the absence of caste or compensate them for it.15 Rawls follows Okin in propos-
status difference that would bar persons from pursuing ing that stay-at-home wives should have an equal legal
the occupation of their choice in a fair competition for share in their husbands earnings.
positions. The procedures for allocating positions should This argument conceptualizes issues of justice and the
not discriminate by race, gender, family origin, or other gender division of labor in distributive terms. Given the
ascriptive characteristics, and the education system should structural division between paid employment and unpaid
enable everyone to develop his or her skills and qualifica- family work, then either women and men should share
tions as they wish. the family work equally, or the partner who performs
I certainly endorse a principle of equal opportunity. unpaid work should be financially compensated by the
Restricting concern with issues of justice in the division of partner who earns wages. This interpretation of gender
labor to the question of how positions are allocated and justice leaves unquestioned, however, the structural divi-
whether some peoples opportunity to compete for them sion between private domestic care work and public wage
is unfairly limited, however, locates justice in the division and salaried work.16 This more fundamental structural
of labor at a rather superficial level.12 Focus on the issue of issue of the sexual division of labor has far-reaching impli-
how persons or categories of persons are distributed among cations for the worth of different kinds of labor, employer
occupations takes as given the definition of occupations and labor market expectations of the shape and length of
themselves and their relations. the working day, and the form and status of sex segrega-
Prior to the question of what people ought to fill which tion and gender stereotyping in more public paid occupa-
occupation is the question of how the occupations them- tions. Arguably as long as basic institutions treat care work
selves should be defined. This is the second interpreta- as primarily the private responsibility of families, social
tion of the question of justice in the division of labor. policy will pay insufficient attention to it. Accepting that
How shall we evaluate morally the structure of the occu- this aspect of the basic structure of most societies in the
pational distinctions, the definition of tasks within them, world today underlies many gender injustices, of course,
and the relations among people occupying differing does not produce proposals for what should be done to
positions within a production, distribution, or service alter this structural division of labor. That is a complex
enterprise? Is it just, for example, that an aspect of the question with many possible answers. The point is that
basic structure of society consists in an occupational pyr- theorists, policy makers, and citizens committed to fur-
amid where the more plentiful positions at the bottom thering gender justice have devoted too little thought to
are relatively menial, repetitive, and subordinate to the the problem.17
decisions of others, while the few positions at the top To take another example, socialist politics historically
carry broad autonomy, decision making power, and has questioned the modern social division of labor which
prestige? constructs some occupations as relatively menial, repeti-
Let me illustrate these two different ways of consider- tive, and subordinate to the decisions of others on the one
ing issues of justice in the division of labor by reference to hand, and positions of expertise that carry broad auton-
gender justice. A division of labor persists as part of the omy and decision-making responsibility on the other hand.
basic structure of most societies in the world, which assumes This position suggests that we think of this structure as
that women devote primary energies to taking care of itself a matter of justice, even apart from the issue of
children and other dependent family members, while ide- whether the opportunities for the more autonomous,
ally men are the primary income generators for a family. skilled, and responsible forms of work tend to be restricted
Feminists argue that this division of labor is unjust, because to members of certain groups. It may be that there are
it limits womens opportunities to develop other capaci- good arguments for the justice of such a division of labor
ties and achieve public recognition, and often makes them between the unskilled and the skilled, the menial and the
vulnerable to poverty. professional. With an equal opportunity distributive under-
Theorists such as Susan Moller Okin and Eva Feder standing of justice in the division of labor, however, the
Kittay have argued that Rawlss theory of justice is inade- question itself does not arise.
94 Perspectives on Politics
make some persons or behaviors more valuable than oth- to compete for income and power as effectively as others,
ers. The devaluation or stigmatization of some persons and that therefore the handicapped, as this literature
because of their gender position, their sexuality, their puta- often calls them, should receive compensation for their
tive race, and so on, certainly contributes to structural disadvantage.25 What such an approach to justice for peo-
processes that disadvantage some people and advantage ple with disabilities does not do, however, is inquire about
others.21 the basic structures that position some people as not com-
Recent literature in political theory and multicultural- petitive. These philosophers seem to share with many
ism uses the term culture in a rather different way, namely, others the assumption that lacking specific bodily or men-
to refer primarily to differences between groups based on tal functionings automatically makes a person less compe-
ethnicity, nationality, or religion.22 Because of its easily tent than those that have them.
shifting meanings, then, I have concluded that the term Scholars and advocates of people with disabilities ques-
culture is too vague to locate a set of issues of justice not tion the assumption that disability is a category of nat-
reducible to distribution which nevertheless help produce ural misfortune and less competence. Whether a person
and reproduce basic structures that affect peoples life is disabled, they argue, depends far less on that persons
chances. attributes and capacities than on the extent to which
Despite its wide usage, I think that the concept of rec- the infrastructure, rules, and interactive expectations of
ognition also slides between several meanings, the most the society make it difficult for some people to develop
common of which do not focus on the issues of stigmati- and exercise capacities. Having little or no use of ones
zation and exclusion to which I want to call attention. legs, to take an obvious example, constitutes a handi-
First, sometimes groups claim that they suffer injustice cap only in a society whose basic structures include fre-
because others in the society fail or refuse to recognize quent stairs, curbs, narrow doorways, or machines operated
their members as expressing a distinctive form of living with feet.26
that ought to have equal status with that of dominant Normalization consists in a set of social processes that
groups. A politics of recognition, second, sometime involves elevate the experience and capacities of some social seg-
claims for self-government, either in the form of a sepa- ments into standards used to judge everyone. In this
rate state or an autonomous region. A third meaning of process the attributes, comportments, or ways of life that
recognition as it appears in the literature does refer more are normal, in the sense of exhibited by a majority or
to stigma and exclusion than to positive claims for acknowl- by dominant social segments, come also to have the con-
edgement of forms of group expression or to claims of notation of being best. To the extent that other people
self-governance. For my purposes here, I prefer not to do not fit or fail to measure up to these standards because
invoke the term recognition altogether, because it is ambig- of their bodily capacities, group-specific socialized habits
uous. Rather I will refer to the issue of justice that con- and comportments, or cultural membership or way of
cerns me with the term normalization; I derive my life, they tend to suffer stigmatization and disadvantage.
understanding the the process of normalization from the The assumptions carried by many institutional rules and
work of theorists such as Michel Foucault, Judith Butler, practices often operate to enforce and reinforce these norms
and Michael Warner.23 that stigmatize and disadvantage. These norms often make
Some people claim that they suffer injustice because a large class of people deviant, and the disadvantages
others identify them as belonging to groups which dom- they suffer as a result usually affect central aspects of
inant ideologies construct as abnormal, problematically their lives.
different, or despicable. Especially when dominant norms In explicating his notion that his principles of justice
and expectations either encourage discrimination, avoid- pertains to a fair system of social cooperation, Rawls explic-
ance, segregation, harassment, or violence, or fail to dis- itly assumes that free and equal citizens are normal and
courage these harms, those who suffer them are not only fully cooperating members of society over a complete life.
victims of individual morally blameworthy actions, but The theory of justice assumes people who are normal in
also suffer systematic injustice. Issues of justice such as this sense, and puts to the side temporary disabilities and
these concern the way institutions, discourses, and prac- also permanent disabilities or mental disorders so severe as
tices distinguish the normal and the deviant, and the priv- to prevent people from being cooperating members of
ilege they accord to persons or attributes understood as society in the usual sense. 27 Eva Feder Kittay argues against
normal. While processes of normalization have important this setting aside of disability; instead, a theory of justice
and sometimes far reaching distributive implications, they should begin from the facts of dependency and vulnera-
are not themselves distributions.24 bility of which some disability is an example.28 While I
The situation of people with disabilities illustrates the agree with her, here I want to call attention to how Rawlss
problems of normalization most starkly. Most theorists of bracketing gesture misses an element of basic structural
justice treat disability under the distributive paradigm. processes. The usual sense in which people are cooper-
Having a disability implies that a person will not be able ating members of society harbors for many societies both
96 Perspectives on Politics
main issue of justice regarding the division of labor 22 See, for example, Kymlicka 1995, Barry 2001a, and
to concern the allocation of positions among kinds Benhabib 2002. These three books have quite differ-
of persons. See Miller 1999, 17. ent views about the implications of culture for poli-
13 Okin 1989a; Kittay 1999. tics, but they all take nation, ethnicity or religion as
14 JFR, 162. paradigmatic of culture.
15 JFR, 167. 23 Foucault 1979; Butler 1990; Warner 1999.
16 I discuss these issues at greater length in my essay, 24 Nancy Fraser has recently distinguished issues of rec-
Reflections on Families in the Age of Murphy ognition that she says refer to status inequality from rec-
Brown: On Justice, Gender and Sexuality. See ognition issues that refer to self-determination or
1997, 95113. culture expression, and this may roughly correspond
17 For a recent set of essays considering these issues, see to the distinction I am drawing between issues of cul-
Kittay and Feder 2003. I consider these issues re- tural expression and self-government, on the one hand,
cently in my essay, The Recognition of Loves and normativity on the other. See Fraser 2003. In
Labor: Considering Axel Honneths Feminism, the mid 1970s Owen Fiss argued that status inequal-
forthcoming in Van der Brink and Owen. ity was an important issue of justice for racialized
18 David Miller responds to my earlier claim that a groups in particular; this essay has recently been reprinted
distributively-oriented theory of justice does not with commentaries, including one by myself, in
properly take into account issues of decision-making which I call attention to the issue of injustice as status
power. He says that there is something to the criti- inequality that Fisss essay raised. See Fiss 2002; see
cism, insofar as there are issues of procedural justice also Young 2002.
that are not about the distribution of benefits or 25 Rawls himself does not say anything substantive
burdens. To the extent that there are other more about disability. The situation of people with dis-
substantive issues of decision-making power, how- abilities is central to the thinking of the group of
ever, these belong to a normative theory of democ- philosophers called luck egalitarians, however,
racy rather than justice; Principles of Social Justice. including Ronald Dworkin, Richard Arneson, Ger-
Below I refer to theorists who refuse this stipulative ald Cohen, and John Roemer. For a critical discus-
separation between democracy and justice, and I am sion of the handling of these thinkers of issues to do
more inclined to agree with them. with disability, see Anderson 1999.
19 Shapiro 1999; compare to Anderson 1999, 287337. 26 See, for example, Silvers 1998.
20 JFR, 178. 27 PL, 20
21 Young 1990; Pierre Bourdieu describes this process 28 Kittay 1999.
as the development of cultural capital, and in- 29 For an analysis of the menstruating body as deviant
equalities among people in their ability to attain and in ways that have significant social consequences, see
use cultural capital; see, for example, Bourdieu Young 2005, 97122.
1984. 30 Tilly 1998.