The Concept Of Justice By John Rawls

John Rawls’ A Theory of Justice holds that a rational, mutually disinterested individual in the Original Position and given the task of establishing societal rules to maximise their own happiness throughout life, is liable to choose as their principles of justice a) guaranteed fundamental liberties and b) the nullification of social and economic disparities by universal equality of opportunities, which are to be of greatest benefit to the least advantaged members of society , . Rawls’ system of societal creation has both strengths and weaknesses, but is ultimately sound.

ABSTRACT. Adapting the traditional social contract approach of earlier years to a more contemporary use, John Rawls initiated an unparaleled revitalization of social philosophy. Instead of arguing for the justification of civil authority or the form that it should take, Professor Rawls is more interested in the principles that actuate basic social institutions —he presupposes authority and instead focuses on its animation. In short, Rawls argues that “justice as fairness” should be that basic animating principle.

To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems

John Rawls was dissatisfied with the traditional philosophical approach to justifying social and political actions therefore he attempted to provide a reasonable theory of social justice through a contract theory approach. In his work, A Theory of Justice, Rawls bases almost the entirety of his piece on the question, what kind of organization of society would rational persons choose if they were in an initial position of independence and equality and setting up a system of cooperation (A Theory of Justice-enotes)? From this seemingly simple question, Rawls goes into further detail describing what he believes society would and should do when setting up a fair and just organizational structure. Throughout his

The preliminary point into an inquiry of distributive justice is to disconnect the conjunction of “distributive,” and “justice”. For the purpose of this essay, I will inherit and accept John Rawls explanation of justice from A Theory of Justice. “Justice,” according to Rawls, “is the first virtue of social institutions.” Therefore, from a societal perspective, justice as the first virtue negates the utilitarian maxim that a loss of freedom for one would be acceptable if there was a greater good to be shared by others. In a truly just society, all people are treated fair. The questions of individual liberties are taken as settled. In the just society, liberty, rights, and fairness are not subject to a utilitarian calculation nor are they susceptible to political bargaining.

This passage particularly coincides with the concept of distribution Rawls, Two Principles of Justice. Rawls’ principles of justice include first; the equal distribution of rights and liberties for all and second; Permissible inequality in distributions, according to what is being distributed. Distribution must however benefit everyone and offices should be open to all. Rawls concedes that the government, consented for by the people should distribute economic and social goods to its citizens, yet he claims that inequality will develop over the distribution because of certain factors such as need, position and so

The idea then of a just society I contend, comes down to people living under a fair and common law, order, political system, social organization, as well as everyone having personal and political freedom.

John Rawls a political theorist engages in various political theories and arguments that contradict, support, and scrutinizes others theories made by other notable political theorist. Rawls contemplates usage of theories such as The Theory of Justice, Veil of Ignorance and Nozick’s Entitlement Theory which will be discussed within this analysis for their relation to society and what benefits or aliments they hold if any on society’s effective function.

The conventional accounts of Justice normally begin by stating a fundamental rule of Aristotle – Justice is to treat equals equally and unequals unequally, and that unequal treatment should be in proportion to the inequality. In everyday life though, justice is seen as an attribute of law, while all laws are not necessarily just. Many great socio- political movements of the world have focused from time to time on unjust laws eg Apartheid laws in South Africa and Caste laws in India. Impartiality and fairness are understood to be the two aspects of justice. But it would be misleading to suggest that Justice refers solely to the fair application of a rule.

John Rawls was an American political and moral philosopher. Rawls attempts to determine the principles of social justice. In this essay, I will elucidate John Rawls’ views on forming a social contract, the counter-arguments against Rawls’ theory and finally the state of debate on the counter-arguments. John Rawls set out on his discussion on justice and fairness in his book A Theory of Justice 1971. Rawls theory describes a society with free citizens holding equal basic rights regardless of the social status (poor or rich). Each society has its way of attempting to bring about equality in its political and economic systems. The tenets of distributive justice, therefore, act as an ethical guide to the

Upon the abundant amount of distinctions among the population of the society, the key to unity is putting those disparities aside. Originating from the Enlightenment philosophers, a civilization that motivates impartiality and furthermore upholds the people's’ unalienable rights should be within the constitution, as that will be the ideal strategy to classify our society. In order for humanity to prosper, impartiality should be accepted. By any means, gender, religion, ethnicity, or race should not prevent someone from gaining their natural rights.

The distributive justice theory of John Rawls concerns justice as fairness. In his theory, Rawls defines justice as demanding equality, unless inequality makes the least advantaged person better off. Rawls proposes two major principles of justice: (1) that each person should have the same equal right to basic liberties and (2) that social and economic inequalities are attached to positions and offices open to all under equality of opportunity and are to the benefit of the least advantaged group of society. This theory is determined by a social contract that assumes there is a natural state on which people will agree based on moral equality. In this social contract, all members wear a veil of ignorance through which they do not know anything about their own

Therefore, the restrictions on the particular knowledge in the original position are of fundamental importance (Rawls, 1971). Without the original position, the parties involved would not be able to work out any definite principles of justice (Rawls, 1971). The society who does not enact a social contract from the original position would then have to be content with a vague understanding of justice and therefore have very little substance to the agreement itself (Rawls, 1971). The veil of ignorance makes it possible to have a unanimous choice of a particular conception of justice (Rawls,

Communitarian critics of Rawls have argued that his A Theory of Justice provides an inadequate account of individuals in the original position. Michael Sandel, in Liberalism and the Limits of Justice argues that Rawls' conception of the person divorces any constitutive attachments that persons might have to their ends. Hence, Sandel asserts that Rawls privileges the standpoint of self-interested individuals at the expense of communal interests. I do not find Sandel's specific criticisms to be an accurate critique of what Rawls is doing in A Theory of Justice. However, this does not mean the more general thrust of the communitarian analysis of Rawls' conception of the person must be abandoned. By picking up the pieces

John Rawls discusses the original position in his book A Theory of Justice. “The Original Position and Justification” is a chapter where Rawls persuades his readers into taking the original position seriously. The original position is a position where people are equal and are rational in order to make principles that they live by fair. However, there is a problem with rational decisions being biased, where people will choose principles to benefit themselves. Therefore, the veil of ignorance will restrict a person’s knowledge about social status, intelligence, gender, race, ethnicity, and temperament. This will then define principles of justice that will not be advantage or a disadvantage to anyone in a society. Keeping this in mind, the purpose of this essay is to explain the reasons Rawls gives to favor the original position. I will then oppose to Rawls argument with two of my own reasons about the veil of ignorance not being realistic and the equal of human beings not being plausible.