Justice is closely connected to respect for rights. Modern writers discuss both subjects together with no suggestion that one might discuss one with … - Alan Ryan

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Justice is closely connected to respect for rights. Modern writers discuss both subjects together with no suggestion that one might discuss one with the other. It was not always so. Greek political theory and Roman Law had sophisticated ideas about justice in its various aspects, but did not embrace our conception of individual rights. This may seem counter-intuitive. How could a society recognize someone as the owner of a piece of property without acknowledging an individual right? How does legitimate one-man­ rule, monarchy, differ from its illegitimate parody, tyranny, unless the lawful king has a right to the authority he exercises that the tyrant does not?
The answer is that property and authority were defined by law rather than our notion of individual rights. To own property was to be the person to whom the law accorded the privileges and immunities that locally defined ownership. To be a legitimate ruler was to be the person the law designated to rule. It is a commonplace that ancient notions of law accorded far more power over property to the family and other groups than modern notions of private property do. Even under the Roman Law, where ownership had an 'absolute' and sovereign character, property was not understood in the modern way; when the law told the judge to give a man his ius, this primarily meant that he should be treated as the law required. The 'subjective' understanding of rights, whereby the right-holder may stand on his rights or not as he chooses, was not a Roman notion.

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About Alan Ryan

Alan James Ryan FBA (born 9 May 1940) is a British philosopher. He was Professor of Politics at the University of Oxford. He was also Warden of New College, Oxford from 1996 to 2009. He retired as Professor Emeritus in September 2015 and lives in Summertown, Oxford.

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Alternative Names: Alan James Ryan
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Much of the time, the question goes unasked in prosperous liberal democracies like Britain or the United States, because most of us see political equality as exhausted by “one person, one vote” and dig no deeper; we know that one person, one vote coexists with the better-off and better-organized buying influence through lobbying, campaign contributions, and use of the mass media, but we find ourselves puzzled to balance a belief that everyone has the right to use his or her resources to influence government—which is certainly one form of political equality—with our sense that excessive inequality of political resources undermines democracy.

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John Rawls says that justice is the 'first virtue' of social institutions, meaning that it is more fundamental than any other, and that we cannot expect individuals to accept social regulation, and engage in social co-operation unless the terms on which society operates are seen as reasonably just. To talk as though Plato and Aristotle saw justice as a matter of the terms of social and political co-operation may suggest a modern and individualist perspective foreign to both. Yet it is not wholly misleading.

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