Social Justice in the Liberal State

by Bruce A. Ackerman

An original and compelling vision of a just society

“A ‘new view’ of the theoretical foundations of liberalism that will ‘challenge us to clarify our own implicit notions of liberal democracy.’ ”— The New York Times Book Review

Winner of a Certificate of Merit for the American Bar Association's 1981 Gavel Award for outstanding public service

First published in 1980 and continuously in print ever since, Bruce Ackerman's classic  Social Justice in the Liberal State  offers a new foundation for liberal political theory— a world in which each of us may live his or her own life in his or her own way, without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state.

“Professor Ackerman has tackled age-old problems of social justice with the refreshing technique of a series of dialogues in which the proponent of a position must either confront his opponent with an answer, constrained by the three principles of rationality, consistency, and neutrality, or submit to a checkmate. The author’s ability to combine earthiness with extreme subtlety in framing the dialogues has produced a novel, mind-stretching book.”—Henry J. Friendly, Senior Judge, U.S. Court of Appeals for the Second Circuit

“What limits should we place on genetic manipulation? How many children should we have? How should we regulate abortions and adoptions? What rights does the community have, what rights do parents have in the education of children? What rights do children have? What resources must we leave to future generations? To see all these as questions of distributive justice is to connect them in a new way (and to make) a significant contribution.”—Michael Walzer, The New Republic  

“The breadth of the attack on the fundamental issues of man and society is impressive.”— Foreign Affairs  

Bruce A. Ackerman is professor of law at the Yale Law School.

Genres: Philosophy, Law

464 pages, Paperback

First published July 1, 1980

Reviews

[Rita · Rating 1 out of 5]

Not wanting to be outdone in the realm of hypothetical society construction, Ackerman set this treatise aboard a spaceship populated by characters named Manic and Depressive, as well as a supporting cast of such useful political functionaries as the Commander, who makes sure all speech remains within the rules of liberal neutrality, and Master Geneticist, who ensures that no one is "genetically dominated" by anyone else by eliminating weak specimens from the gene pool. Would that we lived aboard this ship.

In sum, this is a work of political theory science fiction that takes place aboard a spaceship. It epically fails to live up to the prediction that it is "certain to become the most important work in political theory since John Rawls's A Theory of Justice."

[Pierce Wilson · Rating 2 out of 5]

Read for GOVT 86: "Contemporary Readings on Justice" at Dartmouth

[Elle · Rating 3 out of 5]

Ambitious scope and a grand adventure take readers from a search for the ideal liberal state in space, imagining perfect technologies of justice and equality, with no genetic domination or illiberal education, only to land in reality back in the U.S. having affirmed the constitutional form of our government. Quite a let-down.

The journey still entertains, from the initial positing of a bloody, power-hungry state of nature,

"So long as we live, there can be no escape from the struggle for power. Each of us must control his body and the world around it. However modest these personal claims, they are forever at risk in a wold of scarce resources. Someone, somewhere, will--if given the chance--take the food that sustains or the heart that beats within. Nor need such acts be attempted for frivolous reasons--perhaps my heart is the only thing that will save a great woman's life, my food sufficient to feed five starving men. No one can afford to remain passive while competitors stake their claims. Nothing will be left to reward such self-restraint. Only death can purchase immunity from hostile claims to the power I seek to exercise." (3)

through an ambitious consideration of the utilitarian, social contractarian and Nozickian answers to the challenge of creating a just state. The tenacity of the arguments impress almost as much as their sheer length, the rigorous treatment of possible objects and additional considerations. It's a grand romp done with style and a saucy tone.

In the acknowledgments, Ackerman credits many mentors with convincing him, "that political action was futile without systematic reflection." (xi) Here, readers will find systematic reflection. Unfortunately, it accompanies no political action. Little needs to be done to affirm the status quo. It essentially amounts to a thought-provoking apologetics of the U.S. Constitution and Bill of Rights. It makes me wonder if all the imagination, perseverance, brilliance and arrogance at work here failed to conjure some new application in the end or if it restrained itself, recognizing that it would be unwise to harm the power structure the author profits from.

I am grateful for the ideas of neutral dialogue and rationality, and wish that the reality lived up to this, or to its founding document's ideals.