Building on Hegel for a new theory of social justice : getting beyong Hayek and Dworkin

Merrill, David Charles (1997) Building on Hegel for a new theory of social justice : getting beyong Hayek and Dworkin. University of Southampton, Doctoral Thesis.

Abstract

This dissertation presents a comparison of theories of social justice of F.A. Hayek and Ronald Dworkin with one based on Hegel's Philosophy of Right. The analysis of Hayek concerns mainly his work, Law, Legislation and Liberty, and in Dworkin's case, the essay, Equality of Resources, and is combined with an examination, though to a lesser extent, of the theories of John Rawls and Robert Nozick. The dissertation argues that none of the four liberal theorists are able to justify their conclusions about social justice. While both Hayek or Dworkin have had their arguments rejected, this is rarely if ever on the grounds the dissertation chooses which has to with their joint failure to have concepts of justice which are specific to economic relations. Though not acknowledged by either, both theories rely on logics of justification which arise from the principle of liberty. As liberty establishes justice as the pre-social right of the freedom to choose it can never lead to valid theory of social justice.

The dissertation argues that Hegel's philosophy does provide a basis for overcoming the deficiencies of the principle of liberty and providing a social conception of justice. This entails a radical revision of the traditional project of philosophy. The dissertation bases its alternate view of social ethics on the work of Richard Dien Winfield, yet provides its own reformulation of the argument. The theory begins with an account of the structure of the free will. This is followed by an explanation of how in the sphere of property, right is conceived for the first time as a relation between free wills. The relations of free wills which constitutes economic right and welfare is then explained. The account of social justice is then completed in an exposition of how corporations and the public authority are required to assist the economy so as to make economic right and welfare a reality.

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