Four concepts of rules: A theory of rule egalitarianism

Abstract

This article outlines the foundations of a nomos-observing theory of social justice, termed ‘rule egalitarianism’, that explains how the seemingly contradictory merger of classical liberalism and social justice is conceivable. The first step towards such a theory consists in ensuring that a concern for the rule of law is etched in the very core of our understanding of social justice, in which case some egalitarian rules will be acceptable from a classical liberal viewpoint. The legal framework of capitalism can indeed be designed to reduce inequality in the name of justice inasmuch as any egalitarian goal is specified in terms of institutional rules. More precisely, rules in a liberal polity should be general and abstract, which will lead us to establish a distinction between four concepts of rules, namely between laws, regulations, statutes and decrees. Moreover, against the neoclassical liberal understanding of social justice, rule egalitarianism argues that having general and abstract rules of market capitalism imposes some constraints on any institutional framework so that social justice becomes necessary to correct the errors of imperfect generalisations, leaving some people behind.