Justice as Fairness Summary

Chapter I: Justice as Fairness

  • The Role of Justice

    • Justice is essential for social institutions.

    • Any unjust laws or institutions should be reformed or abolished.

    • Each person has inherent rights that cannot be overridden for societal welfare.

    • Justice does not permit sacrificing minorities for the majority's benefit.

  • Just Society Definition

    • A well-ordered society operates under widely accepted principles of justice.

    • Members acknowledge common justice principles.

    • Civic friendship is established through a shared sense of justice.

  • Subject of Justice

    • Focus on social justice, particularly societal structures distributing rights and duties.

    • Major social institutions include political, economic, and social arrangements.

    • Inequalities in society must be justified by their benefits, especially for the least advantaged.

  • Main Idea of Justice Theory

    • Generalizes the social contract theory (Locke, Rousseau, Kant).

    • Justice principles must be chosen by free and rational persons in a hypothetical equal position.

    • Principles govern rights, duties, and social cooperation.

    • Justice as Fairness defined as using a fair agreement in a just environment.

  • The Original Position

    • A hypothetical state ensuring fairness behind a veil of ignorance: no knowledge of social status, wealth, or personal attributes.

    • Knowledge exclusion fosters impartial decisions on justice principles.

    • Equality among participants is fundamental for principle selection.

    • Principles must match our intuitive judgments of justice upon reflection.

    • removes things that would make our perception of justice unfair

  • Two Principles of Justice (tentative formulation):

    1. Equality in basic liberties for everyone.

    2. Social/economic inequalities justified if:

    • They benefit the least advantaged.

    • Positions are open to all.

  • Interpretations of the Second Principle

    • Different meanings based on “everyone's advantage” and “equally open to all”, including notions like fair equality of opportunity and the difference principle.

  • Democratic Equality & the Difference Principle

    • Inequalities are justified only if benefiting the least advantaged, cultivating an environment of collaboration.

    • Basic structural arrangements should counter natural and social differences that cause inequality.

  • Moral Personality

    • Equal justice owed to moral persons—capable of rational plans and justice sense.

    • This understanding excludes non-human entities from justice considerations.

Rawl’s methodology for constructing basic structure:

  • original position

critiism:

people could gamble, do a calculus, its rational because i might not be that 0.00001% of oppressed.