John Rawls’ theory of justice is one of the most interesting philosophies to have emerged in modern times. It was introduced in the 1970s when A Theory of Justice was published. It was revised several times, with the most recent done in the year 1999. Essentially, the Rawlsian philosophy approaches justice according to the idea of fairness. The idea is that justice is a complex concept, and it could differ according to individual circumstance. Rawls contended that all of us are ignorant about ourselves and about others and, hence, we are not in a place - in such condition - to determine or apply the principles of justice. These positions allowed Rawls to address two contemporary issues that are equally important, but also tend oppose each other’s views: freedom and equality.
The Rawlsian theory of justice is influenced by Hume’s philosophy with its critique of justice that which prioritizes conventions and universal meaning (Forbes, 1985, 68). Hume talked about artificial justice and Rawls coined the so-called artificial device or the “original position”, which is used to determine justice. It also takes inspiration from Kantian principles, which emphasize moral nobility and the complexity and richness of human life and experience.
The beauty of Rawls’ philosophy is its simplicity. The challenge of including the interests of the whole or a large number, as well as those of the individual’s, was addressed assuming a degree of ignorance in order to attain a desired fairness. It first rejects everything in order to get to the bottom of fairness, and justice is then determined. What this means is that similar crimes would have different resolutions because the conditions and parties in each crime are different. Also, there are crim...
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...dual. This is the reason why the philosophical framework could be very effective and applicable in contemporary times. We are amidst a culture typified by a high degree of individualist values. There is a challenge in balancing different interests and the Universalist and rigid conception of justice might not work without committing further injustices. The diversity of critiques to the Rawlsian philosophy also underpins the breadth of its coverage and served to highlight its universal application.
Works Cited
Forbes, Duncan. Hume's Philosophical Politics. Cambridge: CUP Press, 1985. Print
Maffettone, Sebastiano. Rawls: An Introduction. New York: Polity, 2010. Print.
Rawls, John. A Theory of Justice, Revised Edition. Harvard University Press, 1999. Print.
Sandel, Michael. Liberalism and the Limits of Justice. Cambridge: Cambridge University Press, 1998. Print.
In “A Theory of Justice” we are confronted with the position of “justice as fairness” and Rawls’s argument toward a more just society where everyone has equal opportunity. However, Rawls has difficulty realizing in his argument that the modern liberal society, to which he is applying his principles are in fashion gender-structured. Rawls has taken this tradition of sexism for granted, and fails to consider how his theory of justice is to apply to women, and the ‘family’. In this essay I will critique John Rawls on gender and the family, I will look at aspects of Rawls’s theory, and the difficulties that arise in regard to gender and family, because of his ambiguous language, and why they must be corrected.
Berstein, R. (2007). “Racial Discrimination or Righting Past Wrongs?” in Justice: A Reader. 237-240. Ed. Sandel, M. New York: Oxford University Press. pp. 237.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
Rawls begins his work by defining the role of the principles of justice “to specify the fair terms of social cooperation. These principles specify the basic rights and duties to be assigned by the main political and social institutions, and they regulate the division of benefits arising from social cooperation and allot the burdens necessary to sustain it.” (7) Through these fair principles of justice, Rawls aims to build a realistic utopia. The two principles of justice he spells out in his work are: “Each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, which scheme is compatible with the same scheme of liberties for all; and
John Rawls was a man who played an influential role in shaping political thought in the late 20th century. Rawls is accredited for writing two major contributions that has helped influence political ideology of those even today. His first piece was published in 1971, A Theory of Justice, which argues his belief of justice on the domestic level and also that reconciliation between liberty and equality must occur in order to have a just society . Rawls’s belief of what justice should be is extremely controversial, and helped put Rawls on the map. Later, after Rawls gained a reliable reputation he published another piece called, Law of the Peoples, which was his application of justice towards international affairs and what he believes America’s Foreign Policy should emulate. In this I will describe both of his works and then throughout I will offer a brief critique on both A Theory of Justice and Law of the Peoples.
Why does it matter? Why do humans harp on the topics of justice and equality consistently? The answers to above mentioned questions aren’t easy to formulate, and they open up a door to greater questions about morality, humanity and so forth. Humans live in a cooperative society. The aim of this body of organization is to advance as a whole and individually simultaneously. John Rawls’ states this goal of human society in Distributive Justice published in 1979: “We may think of the human society as a more or less self-sufficient association regulated by a common conception of justice and aimed at advancing the good of its members.” Hence, our society is shaped by an idea of justice – one that is applicable to all members of this society, and this set conception of justice promotes the advancement of the society and the individuals living in
Imagine that all of the sudden memories of your life and everyone you’ve ever known suddenly disappeared. In this scenario, all knowledge you had of your talents, social status, financial standing, physical ability, intelligence and the other characteristics that you viewed could to definitively set yourself apart from others. In other words, everything that made you who you are through years of socialization all of the sudden vanished. To the John Rawls this scenario is called the original position, one where your consciousness has been placed under a “veil of ignorance”. As a thought experiment, Rawls argues that if individuals of a society discuss and define their system of social justice from the original position, the result of the discussion
INTRODUCTION John Rawls most famous work, A Theory of Justice, deals with a complex system of rules and principles. It introduces principles of justice to the world, principles which Rawls argues, are meant to create and strengthen equality while removing the inequality which exists within society. These principles are both meant as standalone laws and regulations, but they can be joined as well. The main function of the first principle is to ensure the liberty of every individual, while the second principle is meant to be the force for the removal of inequality through what Rawls calls distributive justice. I will begin this paper by making clear that this is a critique of Rawls and his principle of difference and not an attempt at a neutral analysis.
John Rawls and Robert Nozick both provide compelling and thought provoking theories regarding the values of liberty and equality. Rawls focuses on both liberty and equality while Nozick theorizes exclusively on liberty. The ideas of Rawls and Nozick have multiple strengths as well as weaknesses which allow for debate and comparison between the two theories.
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
Rawls creates a hypothetical society, via a thought experiment known as the “Veil of Ignorance,” in which all that you knew of yourself is eliminated from your mind to allow you to come to a rational decision on how you would like your society to be organized. Rawls principle is that under a social contract what is right must be the same for everyone. The essence of Rawls' “veil of ignorance” is that it is designed to be a representation of persons purely in their capacity as free and equal moral persons. Out of this experiment Rawls provides us with two basic p...
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 position and Rawls’ potential response to this.
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. One strength is the inherent compulsion to look after the interests of the entire society through the Veil of Ignorance. One is unable to look after the interests of a single particular ethnic, political or social grouping because of uncertainty regarding which groups they will belong to within society, so they grant all individuals “freedom of thought, [religion], personal and political liberties”. This establishes a precedent of equality for all and ensures a fair standard of living.
...e achieved when the Liberty and Difference Principle are enacted with the veil of ignorance. On the contrary, Nozick argues that Rawls’s theory is exactly the sort of patterned principle that infringes upon individual liberty. As an alternative, Nozick provides his unpatterned principle as the ideal distribution of goods in a society. To me, Rawls’s argues his theory in a manner where his principles of justice are not only difficult to achieve, but ultimately are exceedingly deficient in providing general utility. The veil of ignorance has proved to be almost impossible as well as unethical. The Difference Principle in itself is unable to justly distribute property since it clearly violates an individual’s liberty. Since Rawls’s method of distributive justice is rendered unreasonable and inefficient, it leaves us with a clear answer derived from two disjunctions.
Rawl’s principles were found justified by visualizing real people forming a system of laws including the ramifications of a “justified complaint”. A justified complaint is an accusation by a member of society against another member of society. To have a system of justice the society must have means of answering the beckoning of the populace. If a society does not attend to the offense of its own people then it is not a true society. Society is based on the principle of a consensus unanimously choosing their governing rules and laws. However the limitations of a “justified complaint” are unclear depending on what the consensus agrees to. Though the one rule that must apply is the fact that a complaint must be made by a law abider to be a “justified complaint”.