Anthony de Jasay,
Justice and Its Surroundings 
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About this Title:
The State, Anthony de Jasay, has been described as one of the few genuinely original minds in modern political philosophy. He breaks new ground with Justice and Its Surroundings – a new collection of essays that seek to redefine the concept of justice and to highlight the frontier between it and other notions which are mistakenly associated with it, such as fairness, equality, or moral intuition. Copyright information:
Chapters 2, 3, 4, 7, 10, and 11 are not available online for reasons of copyright. Liberty Fund makes the remaining chapters available with thanks to the original copyright holders.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
Table of Contents:
Rival Concepts of Justice: No-Fault and Responsibility
Collective Choice: Necessity, Convenience, and Legitimacy of the State
Redistribution: Inherent in Choosing Collectively
Socialism: An Agent Without a Principal, a Market in Unowned Goods
Freedoms, Rights, and the Freedom to Trade Them
Part One: The Needless State
1: Who Gave Us Order? On Exclusion, Enforcement, and Its Wherewithal*
First- and Second-Order Orders
Exclusion: The Enforcement of Property Rights
The Wherewithal for Exclusion Cost
To Grow and to Construct and the Time Each Takes
What, If Anything, Does Historical Evidence Corroborate?
Property Breeds Order
5: Empirical Evidence *
Part Two: Redistribution
6: A Stocktaking of Perversities *
The Charms of Churning
The Sanctity or Profanity of Rules
Generalized Public Choice
8: Disjunction, Conjunction*
II.: The “Mature” Welfare State
III.: Collective or Individual Rationality
IV.: A Fiscally Neutral Delayed-Action Reform
V.: With the Grain
Part Three: Justice
9: Justice as Something Else*
Under Just Conditions, What We Accept Is Just
The Desire for Agreement, on What Terms?
Impartiality and Reasonable Rejection
Justice as Social Choice
“Pre-Social” Rights and the Lockean Proviso
12: Slicing the Cake Nobody Baked*
Equality as the Basic Norm
The Irrelevance of Distinctions
Property, Usufruct, Income as Public Goods
Part Four: Socialism
13: Ownership, Agency, Socialism*
4.: Equality at the “Starting Gate”
8.: When Agents Have No Principals
9.: When Simulated Capitalism Becomes Real
10.: When the Starting Gate Is at the Finishing Post
14: Market Socialism: “This Square Circle”*
ARE MARKETS COMPATIBLE WITH SOCIALIST ETHICS?
THE MARKET: A TOOL OF CAPITALISM OR SOCIALISM
IS MARKET SOCIALISM MERELY SOCIAL DEMOCRACY DRESSED UP?
WHAT IS MARKET SOCIALISM?
“A BRICK WALL OF SELF-CONTRADICTION”
“SOCIAL OWNERSHIP” EQUALS STATE OWNERSHIP
“THE STATE-OWNED MARKET”?
HOW MUCH “ACTIVE ENFORCEMENT”?
STARTING-GATES AND END-STATES
EQUAL OPPORTUNITY: “FAIR” AND “UNFAIR” ADVANTAGES
THE CONFUSION OF LOTTERIES
A POSITIVE-SUM GAME
“BUILDING SOCIALISM” VIA MARKETS?
“A DULL MUMBO-JUMBO”
Part Five: Freedom
15: Right, Wrong, and Economics*
16: The Paretian Liberal, His Liberties and His Contracts*
WITH HARTMUT KLIEMT
2.: The Non-Paradoxical Paradox of Liberalism
2.1.: FEASIBLE, PRE-EMPTED, AND ADMISSIBLE CHOICES
2.2.: LIBERTIES, RIGHTS, AND OBLIGATIONS
2.3.: SOCIAL CHOICES BY EXCLUSION
3.: Rights as “Softeners” of Social Choice
4.: A Liberal View of the Liberal Constitution
4.1.: FREEDOM OF CONTRACT
4.2.: ENFORCEMENT OF CONTRACTS
5.: Concluding Remark
17: The Bitter Medicine of Freedom*
Taking Freedom Easy and In Vain
Vacuity and Moral Truism
The Freedom That Hurts
No Hard Choices