Revisiting Theories of Justice: From Contractarian Approaches to Amartya Sen

Abstract

Despite sharing a general and consensual notion of justice, its detailed conception has always been a subject of extensive theoretical controversies. Disagreements primarily concern the explanation of the criterion of "appropriate and due share" for each individual in society and the means of its realization. The main question of this research is to examine the capacity of theories of justice in explaining this criterion and the method of its realization. Adopting a critical-analytical approach, the present study comparatively examines and analyzes theories of justice within two main intellectual currents, namely the "contractarian current" and the "reality-oriented current," in light of Amartya Sen's thought. The findings indicate that the theories within the contractarian current, due to their focus on transcendental patterns, pure institutionalism, and state-centered intervention, face limitations in providing an effective solution for explaining and realizing justice. In contrast, Amartya Sen's theory of justice, by emphasizing a comparative approach, focusing on remediable injustices, and highlighting the concept of "human capabilities," offers a clearer and more realistic framework for explaining and realizing justice. This theory, by centering on the process of empowerment and individual agency, provides a suitable capacity to fill the gaps of the contractarian current.