The Quest for Cosmic Justice

One of the country's most respected conservative intellectuals, Sowell (Race and Culture, etc.) proclaims a need to clarify the notion of justice. He then hurriedly decrees an absolute dichotomy between ""traditional justice""--purely procedural equal treatment--and ""cosmic justice."" Unfortunately, Sowell, a senior fellow at the Hoover Institution, never satisfactorily defines what he means by cosmic justice, using it as an elastic term. Sowell easily tears apart handpicked examples of ill-conceived cosmic justice while steering clear of serious engagement with opposing positions. Thus he attacks Supreme Court rulings such as Miranda as ""attempts to seek cosmic justice in the courtroom,"" but it requires a much better argument than Sowell provides to see how Miranda is anything but procedural. He equates redistributive state policies with ""Stalin, Mao and Pol Pot,"" as if Western European welfare states simply didn't exist. Sowell makes some very good points in these four essays (touching on the difficulty of defining equal performance, the necessity of considering costs in pursuing abstract ideals and the corrosive political effects of envy), but he overplays his hand. The essay called ""The Tyranny of Visions"" asserts that conservatives ""acquire no sense of moral superiority"" from their positions, a point that anyone familiar with Pat Buchanan or with Sowell himself will find hard to swallow. Certainly, a good case can be made that people use the term ""justice"" loosely and that many conflate procedural justice with metaphysical justice. Beyond that, however, Sowell offers a catechism for true conservative believers. (Oct.)