Rawls' Justice Theory & Political Philosophy: Key Concepts and Critiques

What historical context influenced Rawls' development of his theory?

Post-WWII and Cold War era, addressing fascism, communism, racial injustice, and economic inequality.

What is Rawls' central concern in his theory?

How free societies can remain morally legitimate and fair in the presence of social inequality.

What does Rawls argue justice must protect?

Vulnerable populations, rather than simply maximizing total welfare.

What is the purpose of Rawls' theory?

To rebuild liberalism on a foundation that treats every person as morally equal and deserving of fair opportunities.

What is the 'original position' in Rawls' theory?

A hypothetical scenario where individuals choose societal rules without knowing their personal circumstances.

What does the 'veil of ignorance' ensure in Rawls' theory?

That individuals cannot design rules to benefit themselves unfairly, promoting fairness.

What are the two principles of justice Rawls argues individuals would choose?

Equal basic liberties for all and economic inequality only if it benefits the least advantaged.

How does Rawls define justice?

As a system that gives all individuals a fair chance to succeed and protects those who are least advantaged.

What role do institutions play in Rawls' vision of a fair society?

They must support equality and prevent structural harm, including education, healthcare, and economic opportunities.

What is a 'property-owning democracy' according to Rawls?

A system where wealth and power are widely shared, preserving markets and personal freedom.

What does Rawls say about pluralism and public reason?

Political rules must be justified using public reasons acceptable to all reasonable citizens.

What is 'overlapping consensus' in Rawls' theory?

Stability in a diverse society is possible when citizens support core political values despite differing beliefs.

How does Rawls extend his principles to global justice?

He argues societies must respect human rights and wealthy nations should assist burdened societies.

What influence do Rawlsian principles have on Canadian law?

They emphasize substantive equality, particularly in cases involving Indigenous justice.

What do communitarian thinkers argue against Rawls?

They claim he treats individuals as detached from social relationships, ignoring the importance of community.

What is the conservative critique of liberalism according to the text?

It overlooks the importance of tradition and cultural inheritance, which hold society together.

What do feminists argue about liberalism?

It historically excluded women and ignored gendered power relations, reinforcing patriarchy.

What is the feminist assertion that 'the personal is political'?

Private life is a site of power and injustice, necessitating recognition of gendered expectations.

What do post-colonial scholars argue about liberalism?

It has coexisted with colonization, selectively benefiting Western powers and marginalizing Indigenous peoples.

What is the Marxist critique of liberal rights?

They are formal and do not address fundamental economic inequalities that shape real freedom.

What do neo-Marxists expand upon in their critique?

They argue that cultural institutions help reproduce capitalist power and shape societal beliefs.

How do authoritarian thinkers view liberalism?

As weak and morally fragmented, prioritizing individual autonomy over unity and strong leadership.

What do proponents of central authority argue is necessary for societies to function?

They argue that societies need central authority, discipline, and hierarchy, especially in times of crisis.

In authoritarian systems, how are individual rights treated?

Individual rights are subordinate to state power and collective goals, with political opposition often suppressed.

What is fascism characterized by?

Fascism is characterized by extreme anti-liberal ideology, glorifying the nation, militarism, racial hierarchy, and loyalty to a charismatic leader.

How do fascists view liberal values?

Fascists view liberal values as weakening the nation and corrupting cultural purity.

What does fascism define as freedom?

Fascism defines freedom as submission to collective national destiny.

What is postmodernism a reaction against?

Postmodernism is a reaction against Enlightenment rationality, scientific certainty, and universal truth claims.

According to postmodern theorists, how do modern institutions affect individuals?

Modern institutions shape, discipline, and regulate individuals in subtle and pervasive ways.

What key concept did Michel Foucault introduce regarding power?

Foucault argued that power and knowledge are inseparable, with institutions shaping societal norms.

What did Jacques Derrida contribute to postmodern thought?

Derrida introduced the idea of deconstruction, highlighting the instability of language and concepts.

What skepticism did Jean-François Lyotard express?

Lyotard expressed skepticism toward all universal political theories, including liberalism and Marxism.

How do postmodern thinkers critique liberalism?

They argue that liberalism imposes norms that exclude and marginalize alternative identities and experiences.

What do libertarians believe is the highest political value?

Libertarians believe individual liberty is the highest political value.

What is the role of government according to libertarians?

The role of government should be extremely limited to prevent coercion.

What do libertarians argue about justice and redistributive policies?

They argue that justice does not require redistributive policies, as forced redistribution violates individual rights.

What is the 'night-watchman state' in libertarianism?

A minimal government limited to the protection of life, property, and contracts.

What do anarchists believe about hierarchical authority?

Anarchists believe all forms of hierarchical authority, including the state and capitalism, are sources of domination and oppression.

How do anarchists view the state?

They view the state as a tool that enforces social inequality and economic exploitation.

What vision of society do anarchists advocate?

Anarchists advocate for mutual aid, participatory democracy, and community-based decision-making without centralized authority.

What is the foundational context of liberalism according to Rawls?

Liberalism grounds political legitimacy in fairness, equal rights, and moral equality.

What do feminist and post-colonial approaches argue about liberalism?

They argue that liberalism ignores power relations in the private sphere and colonial history.

How do Marxist and anarchist views see liberalism?

They see liberalism as a system that protects capitalist domination and entrenches inequality.

What do authoritarian and fascist ideologies reject?

They reject liberal values entirely, elevating hierarchy and obedience over individual rights.

What do competing political theories reflect?

They reflect competing visions of how humans should live together, what freedom means, and how justice is defined.

John Stuart Mill

English philosopher, political economist and politician who contributed to liberal thought.

A System of Logic

Key writing by Mill published in 1843.

On Liberty

Key writing by Mill published in 1859.

Utilitarianism

Key writing by Mill published in 1863.

The Subjection of Women

Key writing by Mill published in 1869.

Method of Agreement

If different cases share one common factor and the same result, that factor likely causes it.

Method of Difference

If one case has the outcome and another does not, the differing factor likely causes it.

Joint Method

Combines agreement and difference to confirm a cause.

Method of Residue

Subtract known causes from an effect; the remainder comes from an unknown cause.

Method of Concomitant Variations

When one factor changes in degree, another changes correspondingly; they're related.

Utilitarianism Definition

The right action is the one that produces the greatest happiness for the greatest number.

Utility

Pleasure and absence of pain, defined as excitement plus tranquillity.

Act Utilitarianism

Judges each individual act by how much happiness it produces.

Rule Utilitarianism

Follows general rules that tend to maximize happiness.

Higher Pleasures

Intellectual, artistic, moral, emotional pleasures.

Lower Pleasures

Physical or sensory pleasures.

The Harm Principle

The government or society should only restrict someone's liberty to prevent harm to others.

Self-regarding actions

Actions that only affect oneself and are not the state's business.

Non-self-regarding actions

Actions that harm others and can be limited by law.

Types of harm

Physical, moral, economic, and emotional forms of harm, with legal interference only for direct harm to others.

Individualism

Defended by Mill as essential for human progress and truth.

Tyranny of the Majority

Public opinion can oppress individuality even if the state isn't tyrannical.

Freedom of Speech

Mill defends nearly absolute free expression.

Limits of Speech

Speech can be limited only if it directly incites harm (e.g., hate speech, violence).

Utility of Expression

Mill believed expression has utility because it strengthens reasoning and moral development.

The Subjection of Women (1869)

Main argument: Women's subordination is social, not natural.

Historical Domination

Historical domination stems from the law of superior strength (men's physical power).

Gender Roles

Gender roles are learned customs, not biological destiny.

Education and Rights

Denying women education and rights wastes half of humanity's potential.

True Liberty and Progress

True liberty and progress require women's equality.

Liberal Principles

Applies the universal liberal principles of autonomy and equality to women, forming a foundation for liberal feminism.

Proportional Representation

Political seats match the share of votes a party receives, ensuring minority voices are heard.

Plural Voting

Weighted democratic votes based on one's education levels and/or credentials, aimed to reward merit and prevent domination by an uneducated majority.

Colonialism

Mill justified imperial rule over 'less developed' nations as temporary despotism for their improvement.

Despotism

Despotism is a legitimate mode of government in dealing with barbarians, provided the end be their improvement.

Critique of Colonialism

This contradicts liberal equality and autonomy, revealing liberalism's historical Eurocentrism.

Canadian Charter of Rights and Freedoms s. 2(b)

Guarantees freedom of expression; core of Mill's free-speech defence.

Criminal Code ss. 318-319

Prohibit hate propaganda and hate speech; an example of limiting speech under the harm principle.

R v. Keegstra (1990)

Upheld conviction for promoting hate; illustrates modern application of Mill's limits on harmful expression.

R v. Malmo-Levine (2003)

Argued cannabis criminalization violated autonomy; Court said harm to self isn't enough for legality.

The Emergencies Act (1988)

Limits government power during crises; fits Mill's belief that power must be justified and temporary.

International Covenant on Civil and Political Rights (1966)

Global protection of free speech and equality; embodies moral universalism.

Mill's Harm Principle

The state should restrict actions only to prevent harm to others, not to protect people from their own choices.

Act vs. Rule Utilitarianism

Act = judge each action individually; Rule = follow rules that maximize happiness overall.

Value of Wrong Ideas

Even wrong ideas have value because they test truth and prevent dogma.

Support for Women's Equality

Denying it contradicts liberal principles of reason, equality, and progress; inequality is social, not natural.

Problems in Democracy

Mill saw the problem of 'tyranny of the majority' where the masses can suppress minority views and individuality.

Colonialism Justification

Mill justified ruling others 'for their own good,' contradicting his belief in freedom and equality.

Utilitarianism and Liberalism

Utilitarianism gives liberalism a moral basis: policies should maximize happiness and minimize suffering, respecting human welfare.

Communitarianism

A social and political philosophy that emphasizes the moral value of community over pure individualism, the belief that people's identities and values are shaped by the societies they live in, and the need for shared civic duties and moral responsibilities.

Conservatism

A social and political philosophy emphasizing tradition, continuity, and social order, gradual organic change instead of radical reform, respect for inherited institutions (e.g., family, church, monarchy, law), and the view that morality comes from custom, wisdom, and faith, not pure reason.

Feminism

A critique that argues liberalism overlooks patriarchy and gender inequality.

Post-Colonial Theory

A critique that argues liberalism hides its colonial and Eurocentric roots.

Critique #1 of Communitarianism

Liberalism assumes people are autonomous and self-made, ignoring that our choices depend on culture, family, and history.

Critique #2 of Communitarianism

Liberalism atomizes society, reducing it to disconnected individuals and transactions.