David Schmidtz advocates “ecological justice” in his book,
Living
Together: Inventing Moral Science. Although Schmidtz does not refer to
Friedrich Hayek in this book, his general line of argument is similar, in many
respects, to that developed by Hayek in Law,
Legislation, and Liberty. From Schmidtz’s earlier writings,
it clear that he is well aware of Hayek’s views.
I presume Schmidtz has good reasons for not comparing his views to those of Hayek in this book. However, since Hayek argued that ‘social justice’ is a mirage, I thought Hayek would not object to me asking whether ecological justice could also be a mirage.
In this essay, I provide a brief summary of Hayek’s
reasons for viewing social justice as a mirage before considering the basis for
Schmidtz’s concept of ecological justice.
Why did Hayek view social justice as a mirage?
Hayek argued that it is “a dishonest insinuation” and
“intellectually disreputable” to make reference to social justice in an attempt
to bolster an argument “that one ought to agree to a demand of some special
interest which can give no reason for it”. Hayek implies that where there are good
reasons for assistance to the less fortunate, reference to social justice adds nothing
to the argument. (LLL, V2, p 97. See also p 87 for Hayek’s discussion of
reasons to support “protection against severe deprivation”.)
Hayek also argued that “a society of free individuals”
… “lacks the fundamental precondition for the application of the concept of
justice to the manner in which material benefits are shared among its members,
namely that this is determined by a human will – or that the determination of
rewards by human will could produce a viable market order”. (LLL, V2, pp 96-7)
Elsewhere,
Hayek made the point that the size of the national cake and its distribution
are not separable issues:
“We must
face the truth that it is not the magnitude of a given aggregate product which
allows us to decide what to do with it, but rather the other way around: that a
process which tells us how to reward the several contributions to this product
is also the indispensable source of information for the individuals, telling
them where they can make the aggregate product as large as possible”
(Conference paper published in Nishiyama and Leube, “The Essence of Hayek”, p
323).
Hayek went
on to make the point that John Stuart Mill’s claim that “once the product is
there, mankind, individually or collectively, can do with it whatever it
pleases” is really “an incredible stupidity, showing a complete unawareness of the
crucial guide function of prices”.
Interestingly,
David Schmidtz suggests that by pulling production and distribution apart, J. S.
Mill “unwittingly pulled one question into two half questions that in fractured
isolation had no proper answers and that would derail rather than facilitate
our study of the human condition”. (p 6) Following Mill, questions about
production were allocated to economists, while questions of distribution were the
province of philosophers: “those who work on justice”. (p 5)
What is ecological about justice?
David Schmidtz writes:
“We are social and political animals, and justice is a
human adaptation to an ecological niche.” (p 220)
What does that mean? The common human characteristic
of negotiating what we expect from each other is one of the reasons why humans
are viewed as social and political animals. As people negotiate what to expect
from each other, they create social niches in which they hope to flourish. (p
25) Schmidtz suggests that to speak of justice is to speak of what we should be
able to expect from each other. (p 219)
Justice manages traffic. (p
220) People share an interest in avoiding collision, but otherwise have
destinations of their own:
“The truth
for political animals is that since we began to settle in large communities,
being of one mind has not been an option. Being on the same page is not an
option. Even our diverse ideas about how to resolve conflict are a source of
conflict. And, disturbing though it may be for a theorist to admit it, theories
do not help. It is a political fact that we live among people who have theories
of their own, who do not find each other’s theories compelling, and who are
perfectly aware that there is no reason why they should.” (p 221)
Schmidtz discusses
several other features of ecological justice. For example, norms of ecological
justice are an adaptive response to reality. Principles of justice are based on
an understanding of which institutional frameworks are enabling people to flourish
and which are not. Justice is somewhat testable: when the world tests our ideals
and finds them wanting, we need to rethink.
The author
ends up suggesting that the features of ecological justice that he has
discussed “do not define ecological justice, and do not exhaust it, but they
indicate whether a conception of justice is more or less ecological”. (p 226)
Instead of seeking to define ecological
justice, perhaps it is more helpful to ask what is the question that ecological
justice seeks to answer. The title of Schmidtz’s book suggests that the
question has to do with how we can live together. In his introduction, he asks:
“What if
justice evolved as a real question about what people ought to be able to expect
of each other?”
Since we have reasons to believe that justice evolved in that way, perhaps the relevant question is:
What rules
of just conduct should influence what people ought to be able to be able to
expect of each other, allowing for the possibility that individuals might
flourish in different ways?
(That
question borrows words from Friedrich Hayek, and Douglas Rasmussen and Douglas
Den Uyl, as well as David Schmidtz.)
Conclusion
David Schmidtz’s concept of ecological justice is
certainly not a mirage. It has to do with the nature of humans as social and
political animals, and the nature of justice as a human adaptation to an
ecological niche.
Rather than seeking
to define ecological justice precisely, perhaps it is more helpful to ask what is
the question that ecological justice seeks to answer. My suggestion is:
What rules
of just conduct should influence what people ought to be able to be able to
expect of each other, allowing for the possibility that individuals might
flourish in different ways?