If we assume that law seeks to do justice, solutions to ethical dilemmas and problems are founded in theories of justice (rather than jurisprudence). These theories serve as linchpins to the answer: “what is the right thing to do?” (in any given situation and either as a judge, a lawyer or, just as a person, a citizen or parent, teacher or friend, etc.). Thinking about law and justice in a theoretical way sharpens the mind. It opens up the insight that justice is not merely subjective - a matter of opinion. Rather, we discover through theory that justice is complex and can be objectified, thought out, abstracted from opinion, doubted, rejected or defended. Immersing ourselves in theory also allows for a reflexive attitude: becoming critical upon one’s own value system, exposing our presumptions and biases that we hold, allowing to achieve better judgement when we have to decide upon matters that impact upon others. (To be sure: we will all be in positions of responsibility in which our decisions affect others.)
In this course, we explore theories of justice. We do not do this by reading the original texts of justice theorists but rather by engaging in a discussion with one of the most rewarding authors on how to interpret and understand theories of justice: Michael J. Sandel. In his Justice. What is the Right Thing to Do? he introduces us to a selective number of theories of justice, from classical to modern and contemporary thinkers. By means of timeless questions – such as: “is it always wrong to lie? Are markets fair? Can killing be (sometimes) justified?” – he introduces theories of justice through which we may understand better contested issues such as abortion, equal rights, euthanasia, fair distribution and all kinds of everyday ethical dilemmas.