John Rawls

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John Rawls

• Neo-Kantian Social Justice

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John Rawls
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Rawlss Social Justice

• Rawlss theory is Neo-Kantian because it begins
  with a rational estimate of what everyone would
  think, believing that what everyone would think
  behind the veil of ignorance is the fair and just
  thing to do.
• The guiding principle for determining social
  justice is Justice as Fairness.

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Rawlss Original Position

• The original position is a hypothetical
  device for developing and examining the justice
  of societal principles and laws.

• A law, a political structure, a society, a
  government and people.

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The Original Position

• Behind the veil of ignorance, we assume
  hypothetically that we do not know anything about
  our possible position within the society for
  which we are developing laws.

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The Original Position

• Behind the veil of ignorance, we must assume we
  do not know whether we will be rich or poor, male
  or female, young or old, felon or victim, black
  or white within the state we are organizing or
  under the law we are proposing.
• Our guiding principle is Justice as Fairness.

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Two Guiding Principles

• First, the Principle of Equal Liberty--each
  person is to have an equal right to the most
  extensive basic liberty compatible with similar
  liberty for others.
• Second, the Difference Principle--Social and
  economic inequalities are just only if they
  result in compensating benefits, particularly for
  the least advantaged in society.

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Principle of Equal Liberty

• This principle guarantees as much liberty as
  possible to individuals. As long as my freedoms
  do not hinder the fundamental liberty of others,
  I should be free to act as I choose.

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Difference Principle

• We can have economic and class differences if
  even the worst off in society are benefited in
  some way.
• Social and economic inequalities must be such
  that everyone has a fair and equal opportunity of
  obtaining them.

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The Maximin Solution

• By combining the principle of equal liberty and
  the difference principle, we can obtain the
  maximin solution, which means we will benefit
  the least advantaged in society.
• The worst outcome of a decision must be better
  than the worst outcome of alternative solutions.

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Neo-Kantian Position on Human Worth

• Each person possesses an inviolability founded
  on justice that even the welfare of society as a
  whole cannot override. . . . Therefore . . . The
  rights secured by justice are not subject to
  political bargaining or to the calculus of social
  interests. (i.e., utilitarianism is wrong)
  (Rawls)

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Rawlsian Justice at Work Nationalize Health
Care? Thoughts Behind the Veil.

• Pro Everyone would have equal access to doctors
  and specialists. No one would be turned away from
  a kidney transplant because they lacked funds.

• Con Those with the wealth to pay for costly
  treatment would lose that ability. Perhaps fewer
  and lesser qualified people might become doctors.

If a private health care system mandated that no
one would be turned away and if the care were
better, we could accept the inequality of private
care.
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Rawlsian Justice Affirmative ActionGood or Bad
Reasoning Behind the Veil

• Pro Will it help those least well off in society
  even if it means some injustice for otherwise
  qualified candidates for education or jobs? Am I
  more likely to be a minority that will be
  benefited or someone who might be hurt?

• Does this violate the Rawlsian view that the
  goods of society must be open to all? Will it
  simply create a new class of least-well-off
  people?

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Other Applications

• Should we increase the minimum wage?
• Should we pass a law requiring all motorcycle
  riders to wear helmets?
• Should we legalize homosexual marriages?
• Should we increase taxes on the wealthiest
  Americansthose making over 150,00 per year and
  reduce the tax burden on those earning under
  40,000 per year.