Rawls Theory of Justice Essay

A contemporary philosopher, derriere Rawls (1921-2002), is noned for his contri butions to presidential termal and moral philosophy. In air divisionicular, Rawls discussion approximately arbiter introduced five important opinions into discourse, including the twain rulers of umpire, the real position and veil of ignorance. Rawls most famous work is, A Theory of Justice (1971) gives an instauration to this body of thought and he emphasises the importance justice has on governing and organising a ships company.The problem arises by defining what the term means theoretic tout ensembley. One of both definitions can be utilised, the first being definition based on atomic number 53s merit or lack thereof. This merit guess of justice uses merit to mold how an individual of the association will be treated based on the contribution to the confederacy. The different is the hire theory of justice where is it assumed every individual should help those in need or who ato mic number 18 s unmortgaged privileged.Attempting to balance the demands posed by these rival theories, Rawls introduceed that in likenities in edict can still be confirm if they produce increased benefits for the entire society and unless if those previously the most single out members of society are no worse off as a result of any in correspondity. An inequality, then, is justified if it contributes to kind utility, as the merit theory asserts. But, at the same time, Rawls argued, priority must be disposed(p) to the needs of the to the lowest degree advantaged, as the needs theory asserts.Thus, differential rewards are on the wholeowed to the advantaged members of society but not because of any merit on their part. No, these rewards are tolerated because they provide an incentive for the advantaged which ultimately will prove proficient to society (e. g. , taxing the advantaged with the goal of redistributing the wealth to provide for the least advantaged). Original St and Using the sure position and experimental thought where agents hobo veil of ignorance choose beliefs to govern society.Rawls argued that two doctrines serve to lead society, the acquaintance principle and the residue principle. He rooted the original position in and extended the concept of social contract previously espo utilize by Hobbes, Rousseau, and Locke which made the principles of justice the object of the contract binding members of society together. In addition, Rawls advocacy of treating people only as ends and never as means rooted his philosophical speculations in and extended Kants categorical imperative.According to Rawls a society is a venture amid free and equal members for the purpose of interchange commensurate advantage. Cooperation among members learns life better because cooperation increases the stock of what it is rational for members of society to appetite irrespective of whatever else its members may want. Rawls c each(prenominal)s these desi res original well(p)s which include among some others health, rights, income, and the social bases of self-respect. Rawls noted that there would be dissimilitude when deciding how the burden would be shared amongst the people.Rawls responded to this challenge by invoking the original position, in which representative members of a society would determine the answers to these tough questions. That is, absent any government, the representatives would rationally discuss what sort of government will be supported by a social contract which will achieve justice among all members of society. The purpose for this discourse would not be to justify governmental authority but to identify the elemental principles that would govern society when government is established.The chief task of these representatives would not be to protect individual rights but to promote the welfare of society (1971, p. 199). To this end, the representatives do not knoware veiled fromwhich outrank in society the y will occupy. In addition, every factor which might bias a decision (e. g. , ones tastes, preferences, talents, handicaps, conception of the good) is kept from the representatives. They do, however, possess knowledge of those factors which will not bias ones decision (e. g. , social knowledge, scientific knowledge, knowledge identifying what human beings need to live).From this original position and shrouded by a veil of ignorance about their place in society, Rawls argued the representatives ultimately would select the principle of justice rather than other principles (e. g. , axiological virtues, natural law of nature, utilitarian principles) to organize and govern society. While individual members of society oftentimes do act in their self-interest, this does not mean that they cannot be rational about their self-interests. Rawls argued that this is precisely what would occur in the original position when the representatives operated from behind the veil of ignorance.Freed from focusing upon ones self-interest to the exclusion of others self-interests, the society which the representatives would design determines what will happen to its members and how important social matters like education, health care, welfare, and job opportunities will be distributed throughout society. The idea is that the representatives operational from behind the veil of ignorance would design a society that is fair for all of its members because no individual member would be willing to risk ending up in an impossible position that one had created for others but had no intention of being in oneself.Rawls claimed that the representatives to the original position would set up the principle of rational choice, the so-called maximin decision rule. This rule states that an agent, when confronted with a choice between alternative states of the human beings with each state containing a range of possible outgrowths, would choose the state of affairs where the worst outcome is that state of affairs which is better than the worst outcome presented by any other alternative. Rawls example of two persons sharing a piece of bar demonstrates how the maximin decision rule works in actual practice. conjecture there is one piece of cake that two persons want to eat. They equally desire to eat the cake and each wants the biggest piece possible. To deal with this dilemma, both agree that one will cut the cake duration the other will choose one of the two pieces. The consensus derived guarantees that the cake will be shared fairly, equivalence justice with fairness. Two Principles of Justice The first is the freedom principle that states that each member of society has an equal right to the most extensive organization of equal canonic liberties compatible with a similar placement of equal liberty for all.Accordingly, each member of society should receive an equal guarantee to as more different liberties? and as much of those liberties? as can be guaranteed to eve ry member of society. The liberties Rawls discussed include political liberty (the right to vote and to be eligible for public office) exemption of speech and assembly liberty of conscience and freedom of thought freedom of the person a broad with the right to hold personal shoes and, freedom from arbitrary arrest and seizure.In contrast to some libertarian interpretations of utilitarianism, Rawls did not advocate absolute or complete liberty which would allow members of society to have or to keep absolutely anything. The difference principle requires that all economic inequalities be arranged so that they are both a) to the benefit of the least advantaged and b) habituated to offices and positions open to all members under conditions of fair equality of opportunity.If this is to occur, Rawls argued, each generation should preserve the gains of culture and civilization, and maintain intact those just institutions that have been established in addition to putting aside in each per iod of time a suitable amount of real capital accumulation. Rawls is willing to tolerate inequalities in society but only if they are arranged so that an inequality actually assists the least advantaged members of society and that the inequalities are connected to positions, offices, or jobs that each member has an equal opportunity to stimulate.In the United States, this scheme is oftentimes called equal opportunity. The inequalities Rawls discussed include inequalities in the distribution of income and wealth as well as inequalities compel by institutions that use differences in authority and resRawls is willing to tolerate inequalities in society but only if they are arranged so that any inequality actually assists the least advantaged members of society and that the inequalities are connected to positions, offices, or jobs that each member has an equal opportunity to attain.In the United States, this scheme is oftentimes called equal opportunity. The inequalities Rawls dis cussed include inequalities in the distribution of income and wealth as well as inequalities imposed by institutions that use differences in authority and responsibility or chains of command. The moderateness the representatives in the original position and operating from behind the veil of ignorance would agree upon the difference principle is not due to the existence of a social contract but to ethics. That is, members of society do not deserve either their natural abilities or their place in a social hierarchy.Where and when one was born and the privileges and assets afforded by ones birth is a matter of sheer luck. It would be unfair, Rawls contended, were those born into the least advantaged of society to remain in that place if all members of society could do better by abandoning (or redistributing) initial differences. According to Rawls, this is what ethics? tally to the standard of justice? demands and, in the United States, this is the basis of what is oftentimes called affirmative action. The representatives would agree.The liberty principle must always give birth precedence to the difference principle so that every member of society is assured of equal basic liberties. Similarly, the second part of the difference principle cited above (b) must take priority to the first part (a) so that the conditions of fair equality of opportunity are also guaranteed for everyone (1971, p. 162). Thus, the two principles of justice, the liberty principle and the difference principle, are ordered because society cannot justify a decrease in liberty by increase any members social and economic advantage.Reflecting Rawls interest in political philosophy, the liberty and principle and the difference principle apply to the basic structure of society (what might be called a large view)? societys fundamental political and economic arrangements? rather than to particular conduct by governmental officials or individual laws (what might be called a micro view). The libe rty principle requires society to provide each citizen with a fully adequate scheme of basic liberties (e. g. , freedom of conscience, freedom of expression, and due process of law).The difference principle requires that inequalities in wealth and social position be arranged so as to benefit societys most disadvantaged group. In cases where the two principles conflict, Rawls argues the liberty principle must always take precedence over the difference principle. One example that applies Rawls theory of justice involves how one would become a lawyer in the society designed by the representatives in the original position and operating from behind the veil of ignorance. This example also indicates how and why inequalities would exist in that society.In the original position and operating from behind the veil of ignorance, representatives organize society to be governed according to the liberty principle and the difference principle. In that society, any member of society can become a la wyer if one possesses the talent. So, a young woman discovers that she possesses the talent and interest to become a lawyer and decides that this is what she wants to do in her life. But, to get the education she actually needs to become a lawyer requires an inequality.That is, less fortunate people must help expect for her education at the public universitys law school with their taxes. In return, however, this young woman will perform some very important functions for other people? including the less fortunate? once she becomes a lawyer. At the same time, however, the lawyer will make a lot of money. But, she is free to keep it because she has earned it. At the same time, she will also pay taxes to the government which, in turn, will be used to provide needed programs for the least advantaged members of society.The issue of upright pay also provides a practical example that clarifies how Rawls theory of justice can be utilise (Maclagan, 1998, pp. 96-97). Noting that the princip le equal pay for equal work is eminently fair in concept, Maclagan notes that not all work is equal. What is really needed in society is some rational basis to compare what sometimes are very different occupations and jobs, especially when this involves comparing mens work and womens work. Typically, the criteria used to compare dissimilar jobs quantifies work requirements as well as the investment individuals must make to attain these positions.In addition, the amount of skill and training required, the potential for danger and threat to ones life, the disagreeableness problematical in the work, as well as the degree of responsibility associated with a job all visualise prominently when making such calculations. In actual practice, however, making comparisons between dissimilar jobs is an immensely difficult undertaking, as Maclagan notes, citing as an example the difficulties management and labor both confront in the process of joint bargaining.Collective bargaining involves e thics because each party declares what the other ought to do. When these differences are resolved through a consensus, a contract provides the basic structure by which the members of that society (called the corporation) will organize and govern themselves for a specific period of time. Coming to agreement upon a contractlike Rawls concept of pensive equilibriumrequires both parties to the collective bargaining process to align their principles and intuitions through the process of considered dialogue and mutual judgment.Furthermore, the contract? like Rawls difference principle? tolerates inequalities in pay but only as long as the least advantaged enjoy equal opportunity and their situation is protected if not improved. What is noteworthy about Maclagans example is that the parties are not in the original position nor do they operate from behind a veil of ignorance. Instead, they have to move toward those positions if they are to adjudicate their differences amicably and for the benefit of both. The criticsSince its first outlet in 1971, Rawls work has received some begrudging if not respectful criticism. Some have asked which members of society progress to the least advantaged? For his part, Rawls identified these people generally as unskilled workers and those whose average income is less than the median income. What Rawls failed to address, however, is the predicament of those who may be the truly least advantaged members of society, namely, those citizens of some permanently unemployed underclass, who depend entirely upon government largesse to subsist (e. g. welfare), or whose racial or ethnic origins condemn them to permanent disadvantage. The critics ask Should not their plight be considered more important than those who possess more of societys benefits? Furthermore, in so far as Rawls states the difference principle, it appears that inequalities are permissible but only if they better the lot of the least advantaged members of society. However, critics note, that position is inconsistent with Rawls claim that the representatives to the original position must not take an interest in anyones particular interests.The logic fails if preference must be given by those in the original position to the least advantaged. Lastly, Rawls critique of utilitarianism, his embrace of egalitarianism, and the actual effects of the difference principle combine in such a way that his philosophy can be construed to advocate political agenda with bolshie overtones. That is, in actual practice Rawls theory would redistribute societys benefits away from the haves to the have nots with brusk or no concomitant bearing of societys burdens.Economists, for example, note that Rawls has neglected to consider the securities industry forces unleashed in a capitalist society where seeking ones self-interest is arguably the primary motivating principle. These critics argue that even the least advantaged, if they so choose, can take advantage of the minimal benefits society offers them by virtue of citizenship. Through education, persistence, and hard work, the least advantaged (or, their children in the next generation) will be able to participate more fully in enjoying the benefits as well as in bearing the burdens of social status in society.The critics ask Is this not what has happened to waves of immigrants to the United States during the past two hundred years? In light of these criticisms, Rawls modified the principles of liberty and difference. Pondering the question of social stability, Rawls considered how a society ordered by the two principles of liberty and difference might endure. In Political Liberalism (1996), Rawls introduced the idea that stability can be imbed in an overlapping consensus between citizens who hold diverse religious and philosophical views or conceptions about what constitutes the good to be sought.As with Maclagans (1998) collective bargaining example, this overlapping consensus is found in their agreement that justice is best defined as fairness. In Justice as Fairness (2001), Rawls introduced the idea of public reason, that is, the reason possessed by all citizens which contributes to social stability, a notion he first detailed in The Law of Peoples with The Idea of Public Reason Revisited (1999).