Justice as outcomes

For the good society to be realized, we need to forget about justice as an institutional design

 

The rise of right-wing authoritarian populism has triggered an intellectual tsunami of works attempting to understand why liberal democracy is failing in the 21st century. All of these accounts, however, rest on the premise that liberal democracy itself must be preserved. Yet liberal theorists have never reached anything resembling a consensus on one of the fundamental reasons behind the appeal of liberal democracy: justice. Most of us have an idea of what we mean by “justice”, usually one that is grounded in the idea of fairness or the rule of law. But as I will argue below, using justice as a synonym for other distinct ideals, or mechanisms to achieve those ideals, leaves us intellectually shorthanded.

To understand why we need to separate the ideas of fairness, rule of law, and justice let’s describe four related societies:

Society 1: Imagine a modern, constitutional state where slavery is legally permitted, such as the US before 1863. Although slaves do not count as people but as property, and lack the basic political rights that are afforded to free men, they are subject to the law rather than the whims of their masters. There are laws, for example, that prohibit a master from killing his slave, or from subjecting them to particularly cruel punishment. These laws are known to both slaves and masters and they are compelled to abide by them. The laws are enforced by the courts without discretion: a master who kills a slave finds it impossible to bribe a court to let him go unpunished. Clearly this state is not fair since a segment of the population lives under different rules than the other. It is also not just, given that slaves will not have the same outcomes in life than free men. But it is clear that there is, at least, the rule of law and that both slaves and masters are subject to it. Continue reading

An open letter to Maduro-supporting leftists

Support the Venezuelan people, not our ideology

Dear fellow leftists: Maduro needs to go. Now.

The excuses have been all but spent by now. Since 2014, Venezuela has suffered one of the most brutal economic crises that any modern country has ever endured in peacetime. Living standards in what was once one of Latin America’s most prosperous nations have plummeted to the point that people are now suffering undernourishment and hunger. The fortunate ones have left the country, triggering the largest refugee crisis ever seen in the Western Hemisphere, with 3 million people estimated to have fled in the last few years according to the UNHCR.

Amid this chaos, the Maduro regime remains obsessed with remaining in power at all costs. In 2016, following the election of a majority-dominated National Assembly, Maduro effectively sidelined the legislature and has ruled by decree since. That same year government-controlled electoral authorities cancelled a recall referendum under bogus pretenses. This effectively denied the opposition and the people the legal means to remove him even though it was the very constitution passed by Chavez in 1999 that allowed a recall vote. By then the Maduro regime was all but eager to incarcerate its opponents, and suppress dissent by force. This slide into authoritarianism was complete by the time of the sham May 2018 elections, which were neither free nor fair. This is the failed state that some of you insist on defending, while at the same time complaining whenever the right uses Venezuela as the scapegoat for their distorted definition of socialism. Continue reading