JOHN RAWLS – THEORY OF JUSTICE (Justice as Fairness)
Contemporary Political Philosophy
→ Post-World War shift from European to American philosophy
→ American political philosophy = Liberalism
→ Rawls becomes central figure of modern liberalism
Significance of Rawls
→ His contribution in contemporary political theory comparable to Plato in classical tradition
→ Reference point of modern political philosophy
→ Robert Nozick: Either agree with Rawls or explain why you disagree
Background Context (1960s USA)
→ Decade of social upheavals
→ Black Rights Movement + Feminist Movement
→ Crisis of legitimacy in American society
→ People questioned whether system is just
→ Rawls examines problem on basis of data
→ Finds economic inequality as root cause
→ Question → How to address inequality?
Rawls’ School of Thought
→ Liberalism → Welfare State orientation
→ Egalitarian Liberal
→ Concerned with social and economic equality
→ Concept of “Democratic Equality”
---
CENTRAL QUESTION OF RAWLS
How to address inequality?
→ Option 1 → Remove / ignore inequality (Equality as natural & desirable)
→ Option 2 → Abolish inequalities completely (Marxist view)
Rawls rejects extremes
→ Not all inequalities are natural
→ Not all inequalities are social
→ Equality cannot be absolute
→ Inequality is inevitable
→ Task = Identify which inequality is just
Purpose of his theory
→ To discover formula of just inequality
→ To harmonise liberty and equality
---
WHAT IS JUSTICE?
Justice = Fairness
→ Fair equality
→ Should be fair to all
→ No one should be sacrificed for greater good
Foundational Principle
→ Inviolability of Human Dignity
Justice is first virtue of social institutions
→ Just like truth in systems of thought
Rawls’ theory = Institutional theory of justice
→ Just society through just institutions
---
CRITIQUE OF UTILITARIANISM
Utilitarianism
→ Bentham, Mill
→ Principle of utility
→ Greatest happiness of greatest number
Problem
→ Undermines human dignity
→ Does not treat everyone equally
→ Sacrifices few for happiness of many
→ Can justify slavery
Rawls’ response
→ “Right is prior to Good”
→ Public policy must prioritise right over aggregate good
---
DEONTOLOGICAL BASIS
Rawls calls his theory Deontological
→ Rule-based
→ Inspired by Immanuel Kant
Kantian Principle
→ Each person is an end in himself
→ No one should be used merely as means
Why deontology?
→ Consequentialism is contextual & relative
→ Utilitarianism example of consequentialism
→ Rawls wants universal, foundational, transcendental theory
Features
→ Universalist
→ Transcendental
→ Foundationalist
→ Based on Human Dignity
---
LIBERALISM – THREE TRADITIONS
Liberalism divided into
→ Libertarianism (John Locke, Market fundamentalism, absolute right to property)
→ Utilitarianism (Bentham, Mill)
→ Egalitarianism (Kant → Dignity)
Problem of Libertarianism
→ Ownership in gutter
→ Survival of the fittest
→ Complete market principle
→ Market efficient but not necessarily just
Rawls’ position
→ Egalitarian Liberal
→ Justice must regulate market outcomes
---
PRIMARY GOODS
Justice concerns distribution
→ Distributive Justice
Distribution of what?
→ Primary Goods
Primary Goods = Means for life goals
→ Liberty
→ Equality
→ Rights
→ Income
→ Wealth
→ Opportunities
→ Dignity
Secondary goods
→ Positions (Doctor, Engineer, Civil servant)
Goal
→ Fair distribution of primary goods
---
HUMAN NATURE
Rawls’ individual
→ Kantian individual (not Hobbesian)
→ Rational
→ Moral
→ Capable of reason
Moral Individualism
→ Sovereign dignity of labour
→ Sense of social responsibility
Morality originates from
→ Reason (in human soul)
→ Intuition
---
METHODOLOGY OF RAWLS
Most unique aspect = Method
Objective
→ To show theory is most rational, acceptable, universal
Based on
→ Rational Choice theory
→ Liberal rationality
Assumption
→ Individuals are rational
→ Self-interested
→ Independent
Method used
→ Social Contract tradition (inspired by John Locke)
Best way to arrive at rational principles
→ Social Contract
→ Because it is legitimate
→ Represents free will
→ Outcome accepted as rational
---
ORIGINAL POSITION & VEIL OF IGNORANCE
Conditions of Social Contract
→ Original Position (before contract)
→ Veil of Ignorance (after contract condition)
Original Position
→ Similar to State of Nature
→ Before society exists
→ People come together to determine principles of justice
Veil of Ignorance
→ Heuristic device
→ Thought experiment
→ People unaware of their particular facts
→ Do not know position, status, talent
→ Know general facts
→ Ensures fairness
Purpose
→ Remove bias
→ Ensure fair distribution principles
---
METHOD OF DELIBERATION
Idea of Justice exists in
→ Human soul
Method
→ Deliberation
→ Reflective Equilibrium
Goal : Determine principles of social (distributive) justice
→ Decide who gets what and why
Existing theories based on
→ Need
→ Desert (talent)
→ Merit (social utility)
Rawls attempts→ To go beyond these
VEIL OF IGNORANCE (Detailed)
People behind veil
→ Do not know particular facts about themselves
→ Do not know whether hardworking or not
→ Do not know social position, class, talent
→ Ignorant about particular facts of society
But they know
→ General principles
→ How economy works
→ How society normally functions
→ Basic human psychology
Purpose
→ To make people unbiased
→ Decisions based on reason
→ Ensure universal acceptability
Rawls calls his theory
→ Purely Procedural
---
TYPES OF PROCEDURAL THEORIES
3 types
1. Perfectly Procedural
→ Goal clear + procedure clear
→ eg. Marxism
→ Goal = Communism
→ Procedure = Revolution
2. Imperfectly Procedural
→ Goal clear but procedure not clear
3. Purely Procedural
→ Goal not predefined
→ Only procedure defined
Rawls supports Purely Procedural
→ Because no consensus on goals/values
→ Consensus possible only on right procedure
→ If procedure is right → outcome automatically right
→ Universal acceptability
Example
→ Ram Janmabhoomi dispute
→ No agreement on end result
→ Go to court
→ Accept judicial procedure
→ Both sides accept outcome
→ Because both are rational
---
NATURE OF PERSONS IN ORIGINAL POSITION
People are
→ Rational
→ Moral
→ Mutually disinterested (not anti-social)
→ Liberal rationality (primary to self-interest)
They come with own notion of justice
→ But agree on fair procedure instead of imposing values
Utilitarianism
→ End-state theory
→ Based on result
Rawls
→ Deontological
→ Rule-based
→ Procedure-based
---
HOW RATIONAL PERSON THINKS
MAXIMIN Principle
→ Maximise minimum
→ Minimise risk
→ Insurance logic
Any person would
→ Try to reduce worst possible outcome
→ Ensure system gives max return if he is least advantaged
Rejection of alternatives
Utilitarianism
→ Rejected on dignity grounds
Socialism
→ Highly risk-averse system
→ No incentive for talented
→ No scope to increase size of pie
→ Unfair to advantaged
→ Irrational
Market Fundamentalism / Libertarianism
→ Extreme risk
→ No insurance
→ Survival of fittest
→ Unfair to least advantaged
→ Undermines dignity
Poor people will not opt for socialism
→ Because not situation of maximum advantage
Thus
→ Rational choice = Justice as Fairness
---
MAXIMIN AND PRINCIPLES OF JUSTICE
Person will think
→ What if I am most advantaged?
→ Prefer liberty to maximise talent
But
→ Behind veil, cannot assume position
→ So prefer system securing least advantaged
Hence → 2 Principles of Justice
---
FIRST PRINCIPLE → LIBERTY PRINCIPLE
Maximum Equal Liberty
→ Everyone has equal basic liberties
→ Equal opportunity to pursue goals
Liberty is Primary Good
Distribution Principle
→ Maximum & Equal
Reference
→ Article 19 (reasonable restrictions)
→ Article 16 (equality of opportunity)
All agree
→ Society must give maximum equal liberty to all
Outcome of liberty
→ Inequality
→ Because people differ in talents
→ Inequality is natural
---
SECOND PRINCIPLE
Why needed?
→ Because liberty produces inequality
Cannot
→ Kill talented (not option)
→ Allow inequality to flourish unchecked (creates disharmony, envy)
Solution
→ Make inequality just
Second Principle divided into:
2A → Difference Principle
→ Inequality justified only if
→ Results in maximum advantage to least advantaged
→ “Maximum advantage to least advantage”
Person behind veil
→ Places himself in position of most disadvantaged
→ Prefers system ensuring dignity
→ Ensures basic minimum amenities
→ Ensures ability to live with dignity
Merit is flawed
→ Never pure merit
→ Also product of luck
Luck
→ Advantage without effort
Example
→ Educated parents
→ Better schools
→ Social background
Hence
→ Need compensation
→ To make competition fair
→ Justice demands no one punished for no fault
2B → Fair Equality of Opportunity
Public offices open to all
→ Not just formal equality
→ Real level playing field
→ May require affirmative action
→ Scaling mechanisms
Equal liberty
→ Then fair equality of opportunity
→ Then difference principle
LEXICAL ORDER (Priority Order)
Principles in definite order
1st → Liberty Principle
2nd → Fair Equality of Opportunity
3rd → Difference Principle
Cannot sacrifice liberty for equality
Cannot violate first principle for second
Social Order structure
→ Equal liberty
→ Fair equality of opportunity
→ Then justify inequality
WHY USE “ADVANTAGED / DISADVANTAGED”?
Because
→ Merit not purely individual
→ Social + natural lottery
→ Society must compensate for bad luck
→ Ensure fairness
Goal→ Increase size of pie
→ Then distribute justly
FINAL CORE IDEA
Justice = Fairness
→ Right prior to Good
→ Inviolability of human dignity
→ Rational persons choose fair principles
→ Through original position + veil of ignorance
→ Adopt Maximin
→ Establish 2 principles
→ Ensure just inequality