Justice as a Social Bargain and Optimization Problem

Abstract

The question of "Justice" still divides social research and moral philosophy. Several Theories of Justice and conceptual approaches compete here, and distributive justice remains a major societal controversy. From an evolutionary point of view, fair and just exchange can be nothing but "equivalent", and this makes "strict" reciprocity (merit, equity) the foundational principle of justice, both theoretically and empirically. But besides being just, justice must be effective, efficient, and communicable. Moral reasoning is a communicative strategy for resolving conflict, enhancing status, and maintaining cooperation, thereby making justice rather a social bargain and an optimization problem. Social psychology (intuitions, rules of thumb, self-bindings) can inform us when and why the two auxiliary principles equality and need are more likely to succeed than merit would. Nevertheless, both equality and need are governed by reciprocal considerations, and self-bindings help to interpret altruism as "very generalized reciprocity". The Meritocratic Principle can be implemented, and its controversy avoided, by concentrating on "non-merit", i.e., institutionally draining the wellsprings of undeserved incomes (economic rents). Avoiding or taxing away economic rents is an effective implementation of justice in liberal democracies. This would enable market economies to bring economic achievement and income much more in line, thus becoming more just.