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John Rawls idea of Contractarian justice
John rawls justice as fairness is a progression from utillitarians conception of justice
John Rawls idea of Contractarian justice
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The conception of justice in western philosophy through the work of John Rawls and comparison with Immanuel Kant’s Notion of justice
Definition Of Justice
Johns Rawls describes justice as “The first virtue of social institutions just as truth is of systems of thought”. The origin of the word Justice comes from jus (Latin) which stands for Right or Law. Justice can be regarded as the most fundamental of all virtues in western philosophy and is such a very crucial issue that it has been debated about right from the days of Plato to the modern era. Although it is very difficult to characterize what the word Justice stands for, examining it throughout the ages gives us a basic idea as to what it essentially meant. The ancient Greek moralists Cephalus and Polemarchus stated that “Justice is doing good to friends and harm to enemies”. This can be classified as a very simplistic understanding as for this maxim to be perfect a person’s selection of friends should be foolproof, which in many cases is not as Socrates points out in The Republic. This representation of justice almost sounds like a patriotic statement and could have been framed with intention of controlling empires by framing the ‘other’ as the enemy. It could have also been used as propaganda on the battlefield. Thrasymachus, the eminent Greek moralist described Justice as the “Interest of the stronger”. It can be termed as a naturalistic approach in which the animalistic traits of man dominated. The statement “might is right” can also be attributed to Thrasymachus. The strongest individual or the government frames the rules and dominates over the others. The rules of justice are the rules of the ruling class. It almost tries to equate Justice with power. But as ma...
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...ss as a foundation for sound ideas about justice as happiness can vary from person to person and depends on a lot on the situations which exist at that particular time. According to him Freedom should be the benchmark of justice as it provides a universal reference. Freedom in one way or the other generally holds the same meaning for people unlike happiness which is a very subjective feeling and depends on many factors. According to Kant, if a person is free he is independent of constraints imposed by the arbitrary will of the others. Kant’s doctrine of morality looks to be on certain ground without any trace for ambiguous references. John rawls take on the ‘original position’ was also very crucial for solving the problem of expression unresolved in Kant’s works.The work of Kant was a stepping stone for John rawls to upgrade his theory to a new standard.
Here one might think Rawls has missed the point. For what is problematic about his liberalism, it might be argued, is that it will prove non-neutral in its effects on doctrines and ways of life permissible on its own account of political justice. But Rawls has not missed the point. Rawls’s liberalism does not rest on a commitment to the value of, nor does it require, a social world maximally diverse with respect to comprehensive doctrines or ways of life willing more or less to accept liberal principles of political justice. Of course, Rawls’s liberalism would be in serious trouble were it to lead to a social world only weakly diverse. But so long as Rawls’s liberalism permits a healthy degree of diversity, to claim that its non-neutral effect on some comprehensive doctrine or way of life is unfair is to presuppose rather than establish the correctness of some competing conception of justice.
In this paper, I will argue that Kant provides us with a plausible account of morality. To demonstrate that, I will initially offer a main criticism of Kantian moral theory, through explaining Bernard Williams’ charge against it. I will look at his indulgent of the Kantian theory, and then clarify whether I find it objectionable. The second part, I will try to defend Kant’s theory.
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.
John Rawls is considered one of the most important political philosophers of the 20th century. His most famous work is on his theory of justice, which was later made into the book Justice as Fairness edited by Erin Kelly. In his work, Rawls sets out to discover what set of principles would best govern a just society. Rawls looks at the idea of a social contract, a concept first developed by philosophers John Locke and Kean Jacques Rousseau. Rawls, however, sets out to revive the social contract to create a realistic utopia that embodies the fair principles of justice. This approach holds that the society is in some sense an agreement among all those within the society on what constitutes a just society. Rawls believes that the fairest society would agree on his two principles of justice. Through his work, Rawls illustrates how and why a fair society would come to agree on these fair principles of justice, and at exactly what restrictions and presuppositions.
In the aforementioned passage from her document “John Rawls on Justice” Ada Maria Isasi-Diaz’s sheds light on the major flaw in John’s Rawls’s “social contract theory” for establishing “Justice” in our society. She asserts
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 remove 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.
With reason being an aspect of human nature that makes humans particularly unique and valuable, it is not surprising why Immanuel Kant chose to also consider the value of humans as rational beings when developing his ethical system. In fact, he describes that with this very rational nature, human beings may be able to discover unconditional and universal moral laws. One’s will must simply be influenced by their moral duties, rather than motivations from one’s emotions or inclinations to comply. Nonetheless, to uncover the strength of this ethical position, Kant’s perspective on human nature as the basis for these moral theories requires analysis. With this being done, in light of observations intended to analyze human moral behavior, there
The general concept of Rawls “original position” is that all social “Primary Good” should be distributed equally to individuals in a society, unless an unequal distribution favors those less fortunate. Rawls call “the situation of ignorance about your own place in society the “original position (242).” Rawls’ theory is in direct response to John Lock’s principles on social contract which states that people in a free society need to set rules on how to live with one another in peace. Rawls’ principles were designed to guards against injustices, which was inflicted upon society, with the help of John Stuart Mills Utilitarianism principle that individuals should act so as to maximize the greatest good for the greatest number. Mills principle justified Nazi Germany's mistreatment of the Jews and the United States' mistreatment of African- Americans. Rawls’ argues that a person’s good is that which is needed for the successful execution of a rational long-term goal of life given reasonably favorable circumstances. He described the definition of good as the satisfaction of rational desires and identifies goods as liberty, opportunity, income, wealth and self-respect.
Rawls, J. (1999). A Theory of Justice (Rev. ed.). Cambridge, Mass: Belknap Press of Harvard University Press.
Sandel attributes this liberalism and political philosophy to Rawls based on Kantian foundations. Sandel begins critiquing Rawls with three concerns. First is the powerful appeal that philosophical liberal neutralism has. Second is that ultimately the right over the good will fail. Lastly, despite the failure, this is how we still live (p. 14, ¶1). The priority of the right is not emphasized by liberal ethics, with no assumption on any specific “conviction of the good” through the principles of justice. Sandel points out this is what Rawls meant when he wrote “justice is the first virtue of social institutions” (p. 15, ¶1), nevertheless, justice is more than the first virtue or a value.
I. As one of the interpretations of the second principle of justice as fairness, Rawls argues that “democratic equality” is the best avenue for citizens to realize their life projects, as meeting of the difference principle with fair equality of opportunity. The second principle states that “social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone’s advantage, and (b) attached to positions and offices open to all” (Rawls, 53). With an unequal distribution of situations, the purpose of society “is not to establish and secure the more attractive prospects of those better off unless doing so is to the advantage of those less fortunate” (Rawls, 65). The principles of justice are in place to ensure that the “assignment of rights and duties” through the basic structure of society justly distribute both the “benefits and burdens” of social and economic advantages (Rawls, 47).
Sandel presents an alternative that Rawls would reject because it is not in accord with Kantian duty and sacrifice. Works Cited
Within two classical works of philosophical literature, notions of justice are presented plainly. Plato’s The Republic and Sophocles’ Antigone both address elements of death, tyranny and immorality, morality, and societal roles. These topics are important elements when addressing justice, whether in the societal representation or personal representation.
John Rawls’ Justice as fairness attempts to both define the principles typical of justice and describe what a just society would necessary entail by the conception presented. What is described is not a perfectly good society, as justice is but one virtue among many, but a just one. Specifically, Rawls’ conception is that justice and fairness are one in the same. Using this as a starting point, Rawls focuses foremostly on the practices in a society, rather than any individual action. In this way, he expounds on what is meant by the term fairness and what value that term has in explaining justice. In this paper of three parts, I will first describe Rawls position on justice, including this position’s main principles. Secondly, I will examine
give a definition of justice. At the end of Book II he began a detailed