Rawls and 'The Original position'

Political Framework of Justice

  • Core Concept: The distribution of resources and access to resources in society is fundamentally a political issue, shaped by rights, rules, and laws that structure economic frameworks.

  • Significance of Context: The manner in which individuals experience wealth and poverty is inherently tied to political circumstances and legislation.

Economic Inequality: Political Nature

  • Framework's Role: Economic disparities are not purely market outcomes; they involve state policies and legislative actions.

  • State's Role: The state’s involvement in economic choices influences the living conditions of individuals regardless of personal opinions on economic inequality.

Critique of Utilitarianism

  • Utilitarianism's Limitations: Critics argue that utilitarianism fails to account for the individual sacrifices made for societal benefit.

    • The theory does not adequately consider the different lives and rights of individuals.

  • Justice vs. Utility: The central theme for this week's lectures focuses on contrasting views of justice following criticisms of utilitarianism.

Theoretical Frameworks

John Rawls' A Theory of Justice (1971, revised 1999)

  • Nature of Rawls' Theory: A liberal egalitarian approach, where ‘justice as fairness’ aims at equitable treatment for all citizens.

  • Redistribution: Advocacy for state involvement in redistributing wealth to rectify economic inequalities.

  • **Key Principles:

    1. Justice requires fair treatment with equal concern.

    2. Redistribution is necessary to address and rectify social and economic disadvantages.**

Robert Nozick's Anarchy, State, and Utopia (1974)

  • Overview: Proposes a historical entitlement theory suggesting that justice is defined by respect for individual rights.

  • Minimal State Concept:

    • A just state must protect individual rights without violating them.

    • Economic redistribution is unjust as it violates an individual's property rights.

Justice as Fairness: Rawls' Perspective

  • Critique of Utilitarianism:

    • Rawls emphasizes that justice should take precedence over general welfare or happiness.

    • Discusses how utilitarianism may treat individuals unfairly by sacrificing some for the benefit of the majority.

  • Definition of Justice:

    • Justice is named the “first virtue” of social institutions.

    • Institutions must not make arbitrary decisions between citizens.

Principles for Justice

Fair vs. Arbitrary Reasons

  • Importance of Fairness: Society must provide justifications for political organization that avoids arbitrary distinctions.

  • Conditions for Justification: Arguments for justice should not rely on biases or irrelevant reasons.

    • Example of invalid justifications: Discrimination based on eye color or threats.

Original Position & Veil of Ignorance

  • Conceptual Framework:

    • Rawls introduces the Original Position, a thought experiment to determine principles of justice.

    • Individuals in the Original Position operate under a veil of ignorance, not knowing their personal attributes, social status, or natural abilities.

  • Purpose:

    • This scenario encourages reasoning about justice in a fair and egalitarian manner.

Key Features of the Original Position

  • Hypothetical Agreement: Principles of justice arise from an agreement of free and rational persons in a state of equality.

  • Focus on Acceptable Principles: Individuals would agree to principles that are fair to everyone regardless of their eventual societal position.

Distribution of Goods

Types of Goods to Distribute

  • Primary Concerns:

    • Basic Rights and Liberties

    • Opportunities

    • Income and Wealth

  • Justice in Distribution:

    • Each category must be treated with specific principles as they cannot be readily traded against each other.

Inequalities and Fair Access

  • Allowable Inequalities: Rawls recognizes that some inequality is acceptable if it benefits everyone, particularly the worst off.

    • Inequalities should not disadvantage individuals based on unchangeable circumstances (e.g., parentage).

Conclusion of Justice Principles

Core Tenets of Justice

  1. Equality of Basic Rights and Liberties: Citizens should maintain equal rights, which are protected by the state.

  2. Fair Distribution of Goods: The society should ensure that every citizen is as well off as possible without allowing anyone to be abandoned.

Further Reading

  • For an in-depth understanding of Rawls' ideas, refer to the first chapter of "A Theory of Justice" and related resources available on learning platforms.