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.
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:
First Principle: Each person should have equal rights to the most extensive basic liberties compatible with similar liberties for others.
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.