11.1 Rawls's theory of justice and the original position

2 min readaugust 7, 2024

John Rawls's theory of justice revolutionized political philosophy. He proposed a fair society based on principles chosen by individuals in an "original position" behind a "," unaware of their personal circumstances.

Rawls argued that in this position, people would choose two key principles: equal basic liberties for all and a system where inequalities benefit the least advantaged. This approach aimed to create a just society through impartial decision-making.

Rawls's Theory of Justice

Overview of Rawls's influential work

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  • John Rawls, an American political philosopher, published his seminal work "A Theory of Justice" in 1971
  • Rawls's theory of is a philosophical framework for determining the principles of justice that should govern a society
  • Rawls argues that justice should be based on the idea of a hypothetical agreed upon by individuals in an original position of equality

Key concepts in Rawls's theory

  • Justice as fairness emphasizes the importance of treating individuals equally and ensuring fair distribution of rights, liberties, and social and economic advantages
  • Rawls employs the method of reflective equilibrium, which involves testing and refining moral judgments against theoretical principles to achieve coherence between our intuitions and a philosophical theory of justice
  • Rawls's theory is a modern interpretation of social contract theory, which holds that the legitimacy of political authority and principles of justice derive from a hypothetical agreement among free and equal individuals

The Original Position

Defining the original position

  • is a hypothetical situation in which individuals are tasked with choosing the principles of justice that will govern their society
  • In the original position, individuals are placed behind a veil of ignorance, which prevents them from knowing their specific social, economic, or personal characteristics (talents, race, gender, social status)
  • The veil of ignorance ensures that individuals choose principles of justice impartially, without being influenced by their particular circumstances or self-interest

Principles and decision-making in the original position

  • Rawls argues that in the original position, individuals would prioritize the protection of basic rights and liberties and ensure a fair distribution of primary goods (rights, liberties, opportunities, income, wealth, and the social bases of self-respect)
  • Individuals in the original position would employ the maximin principle, which involves choosing the principles that maximize the well-being of the least advantaged members of society
  • By applying the maximin principle, Rawls believes that individuals in the original position would choose two principles of justice:
    1. The : Each person has an equal right to a fully adequate scheme of equal basic liberties compatible with a similar scheme for all
    2. The : Social and economic inequalities are to be arranged so that they are both (a) to the greatest benefit of the least advantaged and (b) attached to offices and positions open to all under conditions of

Key Terms to Review (16)

Basic structure: Basic structure refers to the fundamental framework of a society's political and social institutions that governs the rights and obligations of its citizens. This concept is essential in understanding how justice is structured in society, particularly through John Rawls's theory of justice, which emphasizes fairness and equality in the distribution of resources and opportunities.
Difference principle: The difference principle is a key concept in John Rawls's theory of justice that states social and economic inequalities are only justified if they benefit the least advantaged members of society. This principle emphasizes that any inequalities must contribute to improving the situation of those who are worst off, establishing a moral framework for evaluating justice in a society.
Distributive Justice: Distributive justice refers to the ethical principle concerned with the fair allocation of resources and benefits among individuals in a society. This concept emphasizes the importance of ensuring that everyone receives an equitable share based on criteria like need, contribution, or merit, connecting deeply with modern political thought and social contract discussions.
Equal liberty principle: The equal liberty principle is a foundational concept in political philosophy that asserts that each person has an equal right to the most extensive basic liberties compatible with similar liberties for others. This principle emphasizes the importance of individual freedoms and rights, connecting to the ideas of justice and fairness in society. It is a central feature of John Rawls's theory of justice, which posits that a just society must prioritize and protect individual liberties equally for all citizens.
Fair equality of opportunity: Fair equality of opportunity is the principle that individuals should have equal chances to pursue their goals and aspirations, regardless of their social or economic backgrounds. This concept emphasizes the need for societal structures and institutions to be designed in a way that minimizes the impact of arbitrary factors, such as family wealth or social status, on an individual's ability to succeed. It relates closely to ideas about justice, equality, and the role of institutions in providing support to ensure that everyone has a fair chance to compete.
Justice as fairness: Justice as fairness is a political philosophy developed by John Rawls that posits the principles of justice are those that rational individuals would agree upon under conditions of equality and impartiality. It emphasizes fairness in the distribution of rights and resources, aiming to create a just society by establishing a social contract that ensures each person has equal access to opportunities and protection from inequality.
Maximin rule: The maximin rule is a decision-making principle used to determine the most just outcome by focusing on maximizing the welfare of the least advantaged members of society. This approach is central to Rawls's vision of justice, as it emphasizes fairness and equality, particularly in social cooperation. By prioritizing the position of those who are worst off, the maximin rule serves as a guiding principle in establishing just social arrangements and distributing resources.
Moral desert: Moral desert refers to the idea that individuals are entitled to certain rewards or punishments based on their actions and character. It connects closely with justice, as it emphasizes that people should receive what they morally deserve in terms of benefits or consequences, linking personal merit to societal treatment.
Mutual benefit: Mutual benefit refers to a situation where two or more parties gain advantages or improvements from a relationship or agreement, creating a win-win scenario. This concept is essential in political philosophy as it underlines the idea that cooperation among individuals or groups can lead to outcomes that enhance the well-being of all involved, rather than just one party. In particular, this notion connects to fairness and justice in social contracts, emphasizing that parties should collaborate for their shared interests.
Nozick's Critique: Nozick's critique refers to the philosophical arguments presented by Robert Nozick against John Rawls's theory of justice, particularly its concept of distributive justice and the use of the original position. Nozick challenges Rawls's approach by advocating for a minimal state and emphasizing individual rights, arguing that any attempt to redistribute wealth infringes upon personal freedoms and property rights. This critique highlights tensions between different theories of justice, particularly regarding individual versus collective responsibilities.
Procedural justice: Procedural justice refers to the fairness of the processes that lead to outcomes in legal and political systems. It emphasizes the importance of transparent, consistent, and impartial procedures when making decisions, which can significantly influence people's perceptions of justice and legitimacy in authority. Understanding procedural justice is vital as it connects deeply to foundational ideas in political philosophy and theories of justice, including the structures that ensure fairness and equality in society.
Public reason: Public reason refers to the idea that the justification for political decisions and principles should be accessible and understandable to all citizens, allowing them to participate in democratic discourse. This concept emphasizes the importance of using shared reasons and values when discussing justice and political legitimacy, especially in a pluralistic society. Public reason is essential for fostering mutual respect among citizens and ensuring that policies are justified in a way that everyone can accept, which connects directly to the theories of justice and critiques of liberalism.
Sen's Capability Approach: Sen's Capability Approach is a theoretical framework that emphasizes the importance of individual capabilities and functionings in assessing well-being and social justice. It critiques traditional welfare economics by focusing on what people are actually able to do and be, rather than merely their income or utility levels. This approach aligns with considerations of social justice by proposing that true equality involves enabling individuals to achieve their potential and lead fulfilling lives.
Social Contract: The social contract is a philosophical concept that explains the agreement among individuals to form a society and establish government, outlining the rights and responsibilities of both citizens and their governing bodies. This concept connects deeply with ideas about human nature, governance, and morality, and it serves as the foundation for various political theories that shape our understanding of political legitimacy and authority.
The original position: The original position is a theoretical construct developed by philosopher John Rawls, used to determine the principles of justice that should govern a society. It imagines individuals making decisions about the rules of their society from a neutral standpoint, behind a 'veil of ignorance' that prevents them from knowing their personal characteristics, social status, or individual circumstances. This ensures fairness and impartiality in designing the social contract.
Veil of ignorance: The veil of ignorance is a concept introduced by philosopher John Rawls, which suggests that individuals in the original position should make decisions about justice without knowledge of their own personal circumstances. This thought experiment is designed to ensure impartiality and fairness in establishing principles of justice, as it prevents biases influenced by one's social status, wealth, or personal attributes.
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