Skip to main content

Justice.Freedom.Truth. .......... Scissors. Paper. Rock.

 Justice trumps Freedom. Freedom trumps Truth. Truth trumps Justice.

I am prompted to revisit the above hubristically concocted heuristic from the early days of this blog, by an interesting paper I stumbled across recently by John P. Anderson of the Mississippi College of Law, Trading Truth for Legitimacy in the Liberal State: Defending John Rawl's Pragmatism.

Anderson states:
"Philosophers have challenged the idea of justice without truth as incoherent; and social critics have attacked it as naive. This paper defends Rawl's pragmatism against such critics and argues that the future of liberal constitutionalism may depend on its success".

That's a pretty high burden to place on the success of a defence of pragmatism. If it's any assistance I am prepared to suggest that my heuristic might, if someone could only explain it half competently, partially lend support to Anderson's case. The case and the heuristic share many potential and actual threats and challenges from ardent absolutists, relativists and justice crusaders, but the end point, for the case and the heuristic, is the potential realisation of an opportunity to satisfactorily reconcile some apparently irreconcilable contradictions in liberal democracy. It requires the partial sacrifice of belief in the absolutism of truth by affording high status to freedom and with only some cost to the paramountcy of justice.

It's clear that many people don't share the high regard for freedom that some post-enlightenment liberals do, so we are going to have our work cut out for us making this case.

But now that Mr Anderson has advised that the future of constitutional liberalism may depend on the success of this case, I feel duty bound to knuckle down again soon and do my bit for the cause by making a better case for the efficacy, desirability and accuracy of the heuristic.

I'll start by letting Mr. Anderson make his case for Mr. Rawl's pragmatism in the above article. Read the whole thing. He seems so much better equipped for these polemics than I at present, but I will return to have another shot at this soon. 

In the meantime, here is my first attempt at this on this blog from over four years ago. I'll be back.

Comments

Popular posts from this blog

Michael Jackson, martyr ?

. Someone has to die for their beliefs to be a martyr . Drudge pointed to headlines last Friday saying that Jackson's was a " Death by Showbusines s". So in the sense that Jackson seems to have died for his belief in celebrity, yes, he might be called a martyr. I never got Michael Jackson. Thriller didn't thrill me at all ( Now Noel Coward, that's another story ). But I did get a bit of a kick from seeing others get him. He was boppy and catchy and slick, as well as monumentally fluffy and hugely impaired. What I struggle with is the apparently massive consequentiality of fluffiness and impairment like Jackson's. What is the fuss about the passing of a semi-talented song and dance weirdo from decades past? Boris Johnson, the London Mayor, has had a stab at explaining it to we mystified souls who struggle to get with the programme. He reckons it's just like Princess Di. And I agree, to the extent that I was almost as unprepared for and dumbfounded by th

Rugby bureaucrats, Stalin's spawn?

In recent weeks two larger than life Rugby players have experienced the tyranny of justice in a universe even more capricious and hostile than their sport: the world of sports officialdom. First Bakkies Botha , the great and brutal Springbok second-rower, got a raw deal from some small minded and ignorant Rugby officials. They banned him for a couple of matches over an incident that any disinterested rugby fan will tell you happens at nearly every ruck in every game of rugby: the clean out. The Springboks protested this dumb decision by each Springbok player wearing an armband saying "JUSTICE 4 Bakkies" at the following Test match against the British & Irish Lions in Jo'berg. And now the Springboks themselves have been cited by the International Rugby Board for "bringing the game into disrepute" and breaching the "IRB Code of Conduct" by questioning the disciplinary rulings of IRB sanctioned bodies. From little stupidities, big stupidities grow

Will Ray Finkelstein's statutory "News Media Council" enable a totalitarian state?

" The fight for freedom begins with free speech " Aung San Suu Kyi, The Observer, Sunday 11 March 2012 Aung San Suu Kyi was not saying this specifically in response to the report published 11 days earlier by the Honourable Ray Finkelstein QC on 28 February 2012 of his "Independent Inquiry into the Media and Media Regulation", but she could have been. Mr Finkelstein says in his report to the Australian Federal Labor government, who commissioned it, the following: 11.44 To rectify existing and emerging weaknesses in the current regulatory structures it is recommended that there be established an independent statutory body which may be called the "News Media Council", to oversee the enforcement of standards of the news media. ... 11.55 The News Media Council requires clearly defined functions. It is not recommended that one of them be the promotion of free speech. There are other ample bodies and persons in the community who do that more than adequ