Contractualism and justice (1)

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Contractualism and justice (1)

• Introduction to Rawlss theory

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The issue of justice

• The problem of social justice how do we evaluate
  morally the basic structure of society?
• Basic structure the fundamental institutions
  that fit together to make society a system of
  social cooperation.

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Topics for today

• Why is Rawls a contractualist?
• Rawlss version of contractualism
• Rawlss principles of justice

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Two basic ideas

• A persons conception of the good contains his
  fundamental
• values and projects
• attachments and loyalties
• religious, philosophical and moral beliefs
• Social unity shared allegiance of citizens to
  the basic structure of their society

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Two constraints of democracy

• Democratic social unity (DSU) Principles of
  justice should provide a basis for social unity
  consistent with the freedom and equality of
  citizens in a democracy
• Fact of reasonable pluralism (FRP) In a genuine
  democracy there will be a plurality of reasonable
  conceptions of the good.

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Why is Rawls a contractualist?

• Because of DSU and FRP, societys conception of
  justice cannot be based on a particular
  conception of the good
• So we cant start from a comprehensive religious
  or philosophical doctrine
• Rawls asks instead Which principles would
  citizens themselves agree on in circumstances
  that respected their freedom and equality?

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Rawlss theory Justice as fairness (JF)

• Its a contractualist theory with the ideal
  agreement situation specified as the original
  position (OP)
• The correct principles of justice are those that
  would be adopted in the OP
• The OP is designed to be fair to free and equal
  citizens

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The original position (OP)

• Is a purely hypothetical situation
• Contains individuals (the parties) who agree on
  principles of justice
• Requires the parties to have certain aims in
  coming to agreement
• Imposes constraints on the process of agreement

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Aims of the parties

• To secure their ability
• (1) to pursue their conception of the good
• (2) to reflect on and revise that conception
• (3) to understand, apply and live by the
  conception of justice agreed to

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Constraints

• Publicity choosing principles for public, basic
  social charter
• Finality choosing principles for a complete life
• Veil of ignorance

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Veil of ignorance

• Parties dont know
• place in society
• natural endowment
• conception of the good
• Parties do know
• general principles of science and common sense
• fact of reasonable pluralism
• fact of moderate scarcity

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Rawlss principles

• Equal basic civil and political liberties
• Fair value of political liberties
• Fair equality of opportunity
• Difference principle (DP) social and economic
  inequalities should be to everyones advantage
  moreover, they should maximize the prospects of
  the least advantaged

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Difference principle
DP forbids B but allows C
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Difference principle (cont.)
DP selects C over B