Justice as Fairness Study Notes

University of Antwerp Study Notes on Justice as Fairness (John Rawls)

Prof. dr. François Levrau
Francois.levrau@uantwerpen.be

What to Study for the Exam

  • PowerPoint Presentation: Course material

  • Exclusions: Slides 71-81 should not be studied

Introduction

  • John Rawls: Born in 1921, raised in Baltimore, died in 2002.

    • Life is a Natural Lottery:

    • Health: Rawls contracted diphtheria and pneumonia, which resulted in trauma affecting his speech (stuttering).

    • Family Background: He had 4 brothers; illness claimed two of them.

    • World War II:

    • Served as an infantryman in the Pacific.

    • Witnessed the horrors of atomic warfare; changed his religious aspirations.

    • Moral Upbringing:

    • Father: Lawyer.

    • Mother: Active in the Democratic Party and voting rights advocacy (1965).

    • Racism: Grew up in Baltimore, a city severely impacted by economic depression in the 1930s.

Social Contract

Basic Structure

  • Definition: The network of major institutions (e.g., constitution, laws, courts, markets, family).

  • Role: Distributes primary social goods (rights, opportunities, income, wealth).

  • Importance: Profound impact on people's lives and social positions.

  • First Subject of Justice: Basic Structure must be governed by principles of justice.

  • Goal: Establish a just Basic Structure that promotes cooperative society.

  • Justice Definition: Fair and impartial distribution of burdens and benefits.

Principles of Justice

  • Rawls focuses on constitutional essentials rather than specific laws.

  • Characteristics: Designed for liberal-democratic societies; emphasizes cooperation among individuals for mutual benefits.

Discussion on Inequality

Dialogues Illustrating Rawls' Theories

  1. Participants: Bill Gates (extremely wealthy) and Jenny (poor).

    • Rawls prompts discussion on wealth disparity.

    • Gates justifies wealth by free market and meritocracy.

    • Rawls counters with considerations of luck and opportunity inequality.

    • Jenny expresses systemic failure to support disadvantaged, emphasizing need for fair systemic changes.

  2. Concept of a Just Society: Rawls proposes participants should design societal rules from an impartial viewpoint, promoting protections for the vulnerable.

  3. Moral Responsibility of the Rich: Rawls suggests taxation of the wealthy to assist the least advantaged, acknowledging that wealth stems partly from arbitrary factors.

The Original Position and the Veil of Ignorance

  • Definition: Hypothetical condition where individuals design a society without knowledge of their own social positions, talents, or identities.

  • Mechanics: Contractors behind a veil of ignorance lack information about natural, social, or economic characteristics that could bias their decisions.

Fundamental Morality in Society

  • Individuals possess two fundamental moral powers:

    1. Rational capacity for a conception of the good (autonomy).

    2. Ability to form and pursue an understanding of what a good life entails.

  • Through a well-ordered society, citizens develop a stable motivation to protect just institutions, seeing justice as shared moral ideal.

Principles of Justice

The Two Principles

  1. First Principle:

    • Each person has an equal right to a fully adequate scheme of equal basic liberties.

  2. Second Principle:

    • Social and economic inequalities must meet two conditions:

    1. Attached to positions open to all under fair equality of opportunity.

    2. Benefit the least advantaged members of society (Difference Principle).

Political Conception of Justice

  • Fair Equality of Opportunity: Ensures that advantages such as education and social support are available to all regardless of background.

  • Solidarity and the Difference Principle: Aims to maximize the position of the least advantaged as a moral obligation.

Fair Play Principle

  • Defined as a duty of fair play to contribute to a mutually beneficial social system that requires sacrifices for collective advantages.

Evaluation of Principles

  • Rawls emphasizes that basic liberties should take precedence over opportunities and the Difference Principle.

  • Social Redistribution: Critiques systems that allow the wealthy to gain while leaving the poor behind; targets improvements for least advantaged.

Critiques of Rawls' Theory

  1. Robert Nozick: Critiques Rawls for failing to respect individual autonomy by redistributing wealth.

  2. Martha Nussbaum: Points out that Rawls does not adequately address the needs of individuals with disabilities.

  3. John Harsanyi: Suggests rational individuals would favor average utility over maximin principles in risk scenarios.

  4. Gerald Cohen: Argues that Rawls relies too much on external incentives rather than individual moral responsibilities.