Colin James’s paper to the Leading Justice Symposium, 29 April 2014 —
At 17 I learned from Plato that justice is not a simple concept. At 38, while learning law piecemeal, I encountered John Rawls’ justice as fairness theory, encapsulated in the difference principle. Law studies taught me the law and justice are not the same: the law must be certain if the law is to rule. But, as Plato argued, justice is essential to a well functioning society and left liberals appropriated that precept with their talk of social justice. Left-liberals now habitually talk of social contract (more in the Rawlsian than Hobbesian or Lockean sense), thereby adding a legal overtone. Ultra-liberals and conservatives talked up law and order, almost equating justice with retribution — the narrow sense of utu — but today’s conservative cabinet talks up rehabilitation and education, which serves fiscal imperatives and fits the investment approach they have imported into social policy.