Rawls Paper The original position is a major theme in the social contract account of justice by John Rawls. By design, it should be a fair point of view for any person desiring to be impartial in their reasoning, regarding the basic principles of justice (Anderson et al. 2014). When a person adopts this point of view, they imagine themselves in a position of equal persons who are committed to the principles of political and social justice. One of its distinguishing features is the veil of ignorance. In this paper, the case of a defendant found guilty of second-degree murder is presented. A stakeholder’s position is first given on the matter. It is followed by the revised position under the veil of ignorance. It also contains a discussion of the ways in which stances have changed from the assigned identity’s perspective to the Rawl’s veil of significance perspective.
Introduction to the concepts The original position is a situation that occurs hypothetically. The parties in the original position select the principles that determine the structure of their society. The parties make the choice behind a veil of ignorance that is meant to deprive them of any information concerning their characteristics. The kind of information eliminated include their gender, ethnicity, social status, and the concept of the good. It means the participants must select the principles rationally and impartially. In the social contract theory, there is a contract defining
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.
This capacity to carefully listen to the backstories and motivations of individuals, even those whose ideologies or behavior profoundly disturb me, is what attracts me to the law. At its core, our legal system succeeds when participants’ complexities are fully appreciated and their stories heard. In employing my drive for unraveling the perplexities of each individual, and lending a voice to those understandable slices of humanity contained in each viewpoint, I hope that I can play a part in advocating not just for the rights of the conferred, but also of the
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
A prosecutor looking for real justice, Adam Foss demonstrates just how effective rhetorical devices can be to persuade a population to defend the rights of others. When telling the story of how people end up in the criminal justice system, Foss tells “Even in our ‘worst.’ I saw...childhood trauma, victimization, poverty...interaction with the police…”(3:24) Many people tend to see people convicted of crimes as inhuman or lesser than us. However, Foss begins to humanize them. Moreover, he states that the reason these people commit crimes isn’t because of some violent, unfathomable reason, but rather because of their rough experiences earlier in life. To fix crime, people must step up and fix issues that cause crime, not throw people into a broken
John Rawls was born in Baltimore, Maryland in the year 1921. He attended first Cornell University and later Princeton and Oxford. In addition to this he served in the U.S. Army during World War II after which he returned to school and eventually began publishing as well as teaching. The work further discussed within this paper is, A Theory of Justice. Some claim this to be both Rawls’s life’s work as
In the novel, Just Mercy, by Bryan Stevenson, the author depicts his experiences with cases that dealt with racial inequality and unfair convictions. The most prominent case in the novel is about a man named Walter McMillian who was unjustly convicted of a murder charge and sentenced to death row. Throughout the story, it is apparent that McMillian’s case was more complicated than just racial profiling because it was entangled with deception. The unlawful behavior executed by law officials: judges, lawyers, police officers, to indict Walter McMillian counteracts the basis of the system of which judicial officials should abide by. To elaborate, judicial officials should be protecting the public by representing them with the use of the law. However, they occasionally ignore or withhold evidence that would alter an outcome that they did not support. Despite the fact that judicial officers incriminate citizens through their own racial biases such as racial profiling to benefit themselves in some aspect, the pressure derived from society is another factor that ultimately plays a significant role in the outcome or punishment of convicted criminals.
The subject matter of the “Republic” is the nature of justice and its relation to human existence. Book I of the “republic” contains a critical examination of the nature and virtue of justice. Socrates engages in a dialectic with Thrasymachus, Polemarchus, and Cephalus, a method which leads to the asking and answering of questions which directs to a logical refutation and thus leading to a convincing argument of the true nature of justice. And that is the main function of Book I, to clear the ground of mistaken or inadequate accounts of justice in order to make room for the new theory. Socrates attempts to show that certain beliefs and attitudes of justice and its nature are inadequate or inconsistent, and present a way in which those
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
In A Theory of Justice John Rawls presents his argument for justice and inequality. Rawls theorizes that in the original position, a hypothetical state where people reason without bias, they would agree to live in a society based on two principles of justice (Rawls 1971, 4). These two principles of justice are named the first and second principles. The first is the equal rights and liberties principle. The second is a combination of the difference principle and the fair equality of opportunity principle, or FEOP (Rawls 1971, 53). Rawls argues that inequality will always be inevitable in any society (Rawls 1971, 7). For example, there will always be a varied distribution of social and economic advantages. Some people will be wealthier than
Inequality and inefficiency are universal issues plaguing society that countless economists have attempted to understand and address. Distinguished economists such as John Rawls, Amartya Sen, Robert Nozick, and Milton Friedman have developed their own theories of to achieve distributive justice, or a fair allocation of resources for all members of society. In Rawls’ justice as fairness and Sen’s capability theory, the economists come closest to achieving plans of distributive justice that retain the output-promoting effects of compensating differentials and recognizing the costs of Okun’s leaky bucket, but a plan that retains Rawls’ social contract and Sen’s capability focus would come closest to achieving justice.
Political philosopher John Rawls believed that in order for society to function properly, there needs to be a social contract, which defines ‘justice as fairness’. Rawls believed that the social contract be created from an original position in which everyone decides on the rules for society behind a veil of ignorance. In this essay, it will be argued that the veil of ignorance is an important feature of the original position. First, the essay will describe what the veil of ignorance is. Secondly, it will look at what Rawls means by the original position. Thirdly, it will look at why the veil of ignorance is an important feature of the original position. Finally, the essay will present a criticism to the veil of ignorance and the original
In Stephen Bright’s article, “The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting” Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defends his claim with logos and ethos by examining the opinions of judges and district attorneys, and by describing experience within the fields of human rights and law himself in order to persuade the reader to take up more cases for those on death row. Given the language used in this article Bright is writing to an audience with intermediate to professional experience within the field of law, and a willingness to adopt a new idea on the constitutionality behind the death penalty.
Contractarian Ethics, also known as the Theory of Justice, explores the topic of the ideas of ethics of fairness. In the textbook John Rawls, who is credited with developing this theory, states that a person has to take what is referred to as an ‘original position’ to make a completely fair judgment call where ethical questions are concerned. Like the assignment instructions mentioned several times, this original position is taken through a ‘veil of ignorance’. This term in itself is one that can initially cause some confusion when attempting to understand the idea of contractarian ethics.
Equality stands side by side with no contingencies. To be truly equal there has to be no disadvantages. A society cannot have equality when arbitrary hinders its growth. John Rawls a philosopher of egalitarianism believes that an equal society is essential to its productivity. It is not fair for moral Arbitrariness to have superiority over the less fortunate in justice and the free market. There should be opportunities given to start at the same starting point regardless of status quo. Everyone has an opinion on equality which fairly is their own. An opinion is just an opinion base on what the individual believe is right by how they feel. What if you could strip away outside inferences, opinions and see equality for what it is. The