Rawls Flashcards

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22 Terms

1
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The original position

The idea that the just society is based upon the principles that are agreed upon by free and independent people in an original position of equality

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Social Contract Theory

The idea that the just society is based upon the principles that are agreed upon by free and independent people in an original position of equality

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Veil of ignorance

The "veil of ignorance", along with the original position, is a method of determining the morality of a certain issue based upon the following thought experiment: parties to the original position know nothing about their particular abilities, tastes, and position within the social order of society.

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Why does the original position yield the most just distribution?

Because it abstracts away from these contingencies and you can't choose principles that would favor your group over others

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What is the first principle of justice?

Equal liberty" --> everyone has an equal right to the most liberty compatible with like liberty for all

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What is the second principle of justice?

Inequalities can be just if they improve the outlook for everyone, Everyone must have the right and the ability to apply for every position in society

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The difference principle

If the rich getting richer makes the poor get richer as well then it is just, if the poor get even poorer then it is unjust

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Why would those in the original position choose it?

They would choose it because you want to maximize your position to allow you to move up in society because for all you know you are probably in the minimum position

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Social Contract Theory

how to go from a random group of people to a "legitimate" society

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What are Rawls' two principles of justice?

Each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others. If some inequality helps out the majority of the society, but leaves some group out (especially those that are not well off), it is not just according to the second principle

Social and economic inequalities are to satisfy two conditions: They are to be attached to offices and positions open to all under conditions of fair equality of opportunity, They are to be to the greatest benefit of the least-advantaged members of society

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What is the general principle of justice?

All social values—liberty and opportunity, income and wealth, and the social bases of self-respect—are to be distributed equally unless an unequal distribution of any, or all, of these values is to everyone's advantage

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What are Rawls’ four non negotiable principles (or assumptions) of justice?

  • Assumption 1: all rational creatures have inherent moral worth and so should be accorded an equal right to political participation.

  • Assumption 2: all laws should respect the inherent moral worth of rational creatures no matter the disadvantages that this may entail

  • Assumption 3: nonpolitical and nonmoral inequalities-inequalities with respect to features of our lives other than rights and other than the moral value of humans-are inevitable and justice ought not seek their elimination.

  • Assumption 4: Inequality is acceptable so long as two conditions are met: i) the inequality concerns nonmoral differences (such as wealth, beauty, social status, and so on); and ii) the inequality serves the interests of those who are the least well off in civil society.

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Why does Rawls reject utilitarianism?

  • According to Rawls, utilitarianism is not committed to claims 1, 2, and 4 about justice. 

    • Assumption 1: If we have to enslave or mistreat or violate some group of people in order to maximize happiness overall, then utilitarianism recommends that we should. Of course, the group subject to mistreatment will be much worse off. We are assuming that those who benefit from the mistreatment of others benefit so much that it outweighs the unhappiness of the group. Therefore utilitarianism, contrary to assumption 1, has no way to rule out the possibility that maximizing happiness may require denying the moral worth of some person or group

    • Assumption 2: contrary to assumption 2, utilitarianism cannot generate inflexible rules concerning the moral worth of all rational creatures.

    • Assumption 4: According to Rawls, inequality is just when this inequality is nonmoral and includes benefits for those who possess the fewest advantages. But utilitarianism harbors no restrictions on inequality. If inequality-say inequality in wealth and economic opportunity-contributes to the maximization of happiness and makes the most vulnerable members of civil society absolutely miserable, then utilitarianism can accept this arrangement as just.

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What is procedural justice? What does it imply about the outcomes of a just procedure?

Procedural justice argues that justice can be achieved through fair procedures, even when outcomes are not predetermined or guaranteed. Just procedures can be designed to guarantee a just outcome (ex. One person cuts the cake while the other person chooses cake slices, which ensures fairness)

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What is the veil of ignorance? Why does Rawls introduce this thought experiment?

  • The key element of the original position is the "veil of ignorance," where individuals are unaware of their social status, race, gender, wealth, and other factors that could influence their choice of principle. In this hypothetical situation, people are expected to rationally choose principles that would best protect them, even if they end up in the least advantaged position in society

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What are the three types of inequality according to Rawls?

inequality of opportunity, power/status, and wealth/income

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What is the basic liberties principle?

  • each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others" (60). The first principle of justice wants to maximize what is allowable-wants to maximize individual liberties—but also to restrict them, for all, so that no accepted liberties pose problems.

  • We can plug in any particular liberty we can think of and then ask whether exercising this liberty would harm others or conflict in some way with their interests. If we find that it would harm others or conflict with their interests, then it is a liberty that we forbid from civil society in general. It is a liberty that no one gets to enjoy.

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What is the difference principle?

  • "social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone's advantage, and (b) attached to positions and offices open to all" (60).

  • Social and economic inequalities are the inevitable non-moral and non-political inequalities arising across different social statuses and different levels of economice advantage. To claim some set of social and economic inequalities to everyones advantage, Rawls tests interpretations of the difference principle.

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What is the natural liberty interpretation of the difference principle?

  • The first interpretation, the Natural Liberties interpretation, discusses how the difference principle demands that we do not interfere at all with social and economic inequalities (However these inequalities play out is just.) 

    • If we let random differences in intelligence, strength, and aptitude combined with random differences in social status combined with random economic inequalities rule our lives, then what will happen? Some people, and perhaps a lot of people, will be trapped, potentially for generations, in deplorable living conditions.

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  1. What is the democratic equality interpretation of the difference principle?

  • This perspective emphasizes that all citizens are equal in dignity and should have equal opportunities and rights. The difference principle aligns with this by ensuring that even if inequalities exist, they should not be allowed to disadvantage the most vulnerable

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Explain: "civil society yields benefits that people could not obtain for themselves outside of civil society."

Rawls argues that civil society provides essential structures, such as laws, social cooperation, and institutions, which enable individuals to access benefits they could not secure in isolation. These include security, economic stability, education, and opportunities for self-improvement. By cooperating within a well-ordered society, individuals collectively produce resources, protections, and institutions that ensure justice and equality.

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What constitutes legitimate political authority in the social contract tradition?

In the social contract tradition, legitimate political authority arises from the consent of the governed.

Philosophers like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau argue that individuals willingly enter into a social contract, surrendering certain freedoms in exchange for protection and order. This authority is legitimate only if it serves the common good, protects fundamental rights, and is based on principles of justice, fairness, and accountability. When a government fails to uphold these principles, it risks losing legitimacy.