Rawls

Justice and Equality

A Theory of Justice

John Rawls (1921-2002)
  • Position: James Bryant Conant University Professor at Harvard University.
  • Contributions: Known for political and moral philosophy; significant historian of moral philosophy.
    • Major Works:
    • A Theory of Justice (1971) - Considered crucial in political philosophy, particularly in the liberal tradition.
    • Other Notable Texts: Political Liberalism, The Law of Peoples, Justice as Fairness: A Restatement, Lectures on the History of Moral Philosophy.

Chapter I. Justice as Fairness

1. The Role of Justice
  • Definition of Justice: Justice is identified as the first virtue of social institutions, akin to how truth is fundamental in systems of thought.
    • A theory, no matter how elegant, must be rejected or revised if untrue, just as laws considered efficient must be abolished if unjust.
    • Inviolability founded on justice: Individual rights cannot be overridden by societal welfare; the loss of freedom for some cannot be justified by a greater good enjoyed by others.
    • Justice ensures that sacrifices imposed on few are not outweighed by benefits enjoyed by many.
    • Principles of Justice:
    • The rights secured by justice are not negotiable in political bargaining or determined by social interests.
    • Justice is uncompromising, similar to truth, and serves as a guide in human activities.
2. The Subject of Justice
  • The term 'just' applies to various entities such as laws, institutions, social systems, actions, and people's attitudes.
    • Focus on Social Justice: Primary interest is in the basic structure of society—how major institutions distribute rights and duties, and how advantages of cooperation are allocated.
    • Major Institutions Include:
    • Political constitution
    • Economic arrangements (e.g., competitive markets, property rights)
    • Social structures (e.g., family arrangements)
    • Impact of Institutions: These structures significantly influence individuals' life-prospects, despite initial inequalities that cannot be justified by merit or desert.
3. The Main Idea of the Theory of Justice
  • Justice as Fairness: A higher level abstraction of social contract theories (Locke, Rousseau, Kant).
    • Original Agreement: Principles of justice are derived from an initial position of equality among individuals.
    • Purpose: To regulate all further agreements and determine rights, duties, and benefits within society.
  • Hypothetical Situation: Individuals select principles of justice without knowledge of their societal position (class, status, or natural attributes) — ensures fairness.
  • Veil of Ignorance: Individuals lack knowledge that could advantage or disadvantage them, leading to fair principles of justice.
  • Fair Conditions: The structure of the agreement must reflect rationality and fairness, where all parties act as equals.
4. Reflective Equilibrium
  • The process of finding the right principles involves aligning current judgments of justice with the principles that would be chosen in the original position.
    • Final Aim of Justice: Achieving an understanding of justice where principles and societal judgments align harmonically, recognizing potential revisions in judgments or principles based on new insights.

5. Classical Utilitarianism (Optional)

  • Definition: Society is just when its institutions achieve the greatest net balance of satisfaction (utilitarianism is a form of consequentialism).
    • Each individual maximizes their own welfare, and therefore societal welfare can be constructed similarly.
  • Utilitarian Principles:
    • Satisfaction: Society should seek to maximize fulfillment of all desires, considering both individual and collective needs.
    • Social Justice: Achieved by applying rational principles to the aggregation of individual welfare.
  • Challenges to Utilitarianism: Critique that it undermines individual rights for the sake of collective welfare; critiques based on intuitions regarding justice and rights in society.

6. Two Principles of Justice

  • Statement of Principles:
    1. First Principle: Each person should have equal rights to the most extensive basic liberties compatible with similar liberties for others.
    2. Second Principle: Social and economic inequalities must be arranged such that:
    • They benefit everyone and are expected to do so (maximizing advantage).
    • Positions of authority are accessible to all.
7. Application of Principles
  • Scope: These principles apply to the basic structure of society, governing rights, duties, and socio-economic advantages distribution.
  • Ordering of Principles: The first principle (equal liberty) takes precedence over the second principle (social/economic inequalities).
  • Basic Liberties Include:
    • Political liberties (voting rights)
    • Freedoms of speech, assembly, conscience, thought
    • Right to personal property
  • Inequality Management: Though wealth may not be evenly distributed, inequalities should not hinder equal opportunity or diminish basic rights.