Sprawiedliwość społeczna jako równość szans w postaci egalitaryzmu trafu

Abstract

Article 2 of the Constitution of the Republic of Poland invokes the idea of social justice without specifying its understanding. The present analysis deals with the problems of characterising it as equality of opportunities (possibilities) in the form of luck egalitarianism. Based on hypothetical examples, we have attempted to show that the social justice, which consists in the enforcement of equal rights, whether they are maximalist or merely positive, faces serious theoretical obstacles. The article contains three main theses. The first thesis is that it is impossible to enforce equal rights in maximalist terms. The second thesis states that the luck egalitarian project of equalizing opportunities for the younger generation by redistributing resources seized through the liquidation of inheritances shows the incoherence of the rules of justice. The third thesis is that luck egalitarianism violates the principle of consistency. For the above reasons, such an understanding of social justice as equality of opportunity in the form of luck egalitarianism should be excluded from the interpretation of Article 2 of the Polish Constitution.