Contractualism and justice (1) Introduction to Rawls’s theory

The issue of justice The problem of social justice: how do we evaluate morally the basic structure of society? Basic structure: the fundamental institutions that fit together to make society a system of social cooperation.

Topics for today Why is Rawls a contractualist? Rawls’s version of contractualism Rawls’s principles of justice

Two basic ideas A person’s conception of the good contains his fundamental values and projects attachments and loyalties religious, philosophical and moral beliefs Social unity: shared allegiance of citizens to the basic structure of their society

Two constraints of democracy Democratic social unity (DSU): Principles of justice should provide a basis for social unity consistent with the freedom and equality of citizens in a democracy Fact of reasonable pluralism (FRP): In a genuine democracy there will be a plurality of reasonable conceptions of the good.

Why is Rawls a contractualist? Because of DSU and FRP, society’s conception of justice cannot be based on a particular conception of the good So we can’t start from a comprehensive religious or philosophical doctrine Rawls asks instead: Which principles would citizens themselves agree on in circumstances that respected their freedom and equality?

Rawls’s theory: Justice as fairness (JF) It’s a contractualist theory with the ideal agreement situation specified as the “original position” (OP) The correct principles of justice are those that would be adopted in the OP The OP is designed to be fair to free and equal citizens

The original position (OP) Is a purely hypothetical situation Contains individuals (the “parties”) who agree on principles of justice Requires the parties to have certain aims in coming to agreement Imposes constraints on the process of agreement

Aims of the parties To secure their ability: (1) to pursue their conception of the good (2) to reflect on and revise that conception (3) to understand, apply and live by the conception of justice agreed to

Constraints Publicity: choosing principles for public, basic social charter Finality: choosing principles for a complete life Veil of ignorance

Parties don’t know place in society natural endowment conception of the good Parties do know: general principles of science and common sense fact of reasonable pluralism fact of moderate scarcity

Rawls’s principles Equal basic civil and political liberties Fair value of political liberties Fair equality of opportunity “Difference principle” (DP): social and economic inequalities should be to everyone’s advantage; moreover, they should maximize the prospects of the least advantaged

Difference principle DP forbids B but allows C

Difference principle (cont.) DP selects C over B