ABSTRACT

This chapter focuses on two well-known sketches of the elements of justice: John Stuart Mill's five aspects of justice, such as, legality, moral rights, desert, free agreement, and impartiality and Wesley Hohfeld's analysis of the relations between liberties, claims, duties, powers, liabilities, immunities, and disabilities. It analyzes classical liberal theories of justice, which place equal negative claim rights to liberty, claim rights to property, and contracts at the heart of justice, giving desert a somewhat ambiguous role. The chapter also analyzes a monistic revisionist liberal conception of justice, which puts much greater stress on collectivism and rationalism. Equal claim rights to noninterference and protection of one's body and property are the core of Lockean-inspired classical liberal justice. Classical liberal justice also lays great stress on the role of promising and contracts in justice. Rawls's theory of justice, then, combines equal liberty, equal fair opportunity, and equal resources.