Politics, Psychology, Law and Economics
Law, Justice & Morality 1 (3801LJQPVY)
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Rawls J - A theory of Justice
Revised
original position role of justice social institutions
Column
theory of justice veil of ignorance
Tags p. 191 - 220 Reader
1. The Role of Justice
Justice is the first virtue of social institutions, as truth is of systems of
thought
Laws and institutions must be reformed or abolished if they are unjust no
matter how efficient they might be
Justice denies that the loss of freedom for some is made right by a
greater good shared by others
Injustice is only tolerable when necessary to aboid an even greater
injustice
Society is a self sufficient organisation recognizing certain rules of
conduct as binding
Rawls J - A theory of Justice Revised 1
, These rules specify a system of cooperation designed to advance the
good of those taking part in it
It is typically marked by a conflict and identity of interests
Social cooperation makes possible a better life for all than any would
have if each were to live solely by his own efforts
A set of principles is needed to determine this division of advantages
and for underwriting an agreement on the proper distributive shares
Society is well ordered when it is effectively regulated by a public
coneption of justice
In such societies, everyone accepts and knows that others accept the
same principles of jsutice and the basic social instituions satisfy these
principles
Usually people disagree about the princioples that should define the
basic terms of their association
However, they still agree on fundamental rights and duties and this
proper distribution of benefits and burdens of social cooperation
It is generally agreeable that no arbitrary distinction must be made
between people in regard to basic rights and duties in institutions
The scheme of social cooperation must be stable
We musn't assess conceptions of justice solely by its distributive role
→ wider connections need to be considered
2. The Subject of Justice
Primary subject of justice is the basic strucutre od society ⇒ the way in
which major social insitutions distribute fundamental rights and duties and
determine the division of advantages from social cooperation
Men born into different positions have different expectations of life
determined by the political system as well as economic and social
circumstances and this causes inequalities
Justice of a social scheme depends essentially on how
fundamental rights and duties are assigned
Rawls J - A theory of Justice Revised 2
, Rawl's theory of justice applies to a society isolated from other
societies
The various conceptions of justice are result of different notions of
society resulting from opposing views of the natural necessities
and opportunities of human life
Major social institutions → political Constitution and principal economic
and social arrangements
3. The Main idea of the Theory of Justice
Aim to come up with theory that can be geenralised and carried to a
higher level of sbatraction than Locke, Rousseau or Kant
Based on the idea of justice as fairness
We assume that those egaged in social cooperation choose together in
a joint act the principles which are to assign basic rights and duties
and determine the division of social benefits
The choice rational men would make in hypothetical situation of equal
liberty, determines the principles of justice
In such a situation no one knows about social status, place in
society etc.
Principles of justice are chosen behind veil of ignorance - principles of
justice are a result of fair aggrement or bargain
Justice as fairness → principles of justice are agreed to in an initial
situation that is fair
Habing chosen conception of justice, we can choose a Constitution
and a legislature to enact laws
All in accordance with the principles initially agreed on
Society satisfying the principles of justice as fairness comes as close
as a society can to be a voluntary scheme
These principles are met by free and equal persons and members
are autonomous and the obligation they recognize self imposed
Utility is not that big of a factor
Rawls J - A theory of Justice Revised 3
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