Justice as Fairness John Rawls PHL 110: ETHICS North Central College

Act, Consequence, Virtue and Justice: Review: Why is it wrong to lie? Act, Consequence, Virtue and Justice: Review: Why is it wrong to lie? Utilitarianism: because the (long-term) benefit (utility) for those affected by the lie is less than the cost. Utilitarianism: because the (long-term) benefit (utility) for those affected by the lie is less than the cost.

Act, Consequence, Virtue and Justice: Review: Why is it wrong to lie? Kant’s deontology Kant’s deontology You can not universalize a rule such as “Always lie when it is to your advantage”; You can not universalize a rule such as “Always lie when it is to your advantage”; The rule “I have a right to decide when to tell the truth or lie” treats others as means to your goals, not ends in themselves. The rule “I have a right to decide when to tell the truth or lie” treats others as means to your goals, not ends in themselves.

Act, Consequence, Virtue and Justice: Review: Why is it wrong to lie? Virtue ethics: Virtue ethics: practice of veracity and honesty as virtues allows persons to discern discretion = the mean between falseness and transparency, relative to persons and situations. practice of veracity and honesty as virtues allows persons to discern discretion = the mean between falseness and transparency, relative to persons and situations.

Justice and Ethical Norms Ideas of justice expand the context of wrongs beyond individual interactions to society as a whole: Ideas of justice expand the context of wrongs beyond individual interactions to society as a whole: “Society,” as well as individuals, is said to be wronged by crime when crime is unpunished; “Society,” as well as individuals, is said to be wronged by crime when crime is unpunished; “Society,” as well as individuals - is said to be harmed when tort injuries to individuals or groups are not redressed by law. “Society,” as well as individuals - is said to be harmed when tort injuries to individuals or groups are not redressed by law.

Types of Justice Distributive justice: basis for (justification of) pattern of resource distribution in a society; i.e. norms of fairness Distributive justice: basis for (justification of) pattern of resource distribution in a society; i.e. norms of fairness Retributive justice: basis for classifying wrongs as crimes, determining guilt, norms of punishment Retributive justice: basis for classifying wrongs as crimes, determining guilt, norms of punishment Resistive justice: compensation for injury: beach of contract, duty; norms of equity Resistive justice: compensation for injury: beach of contract, duty; norms of equity

Justice as Fairness: John Rawls’ Theory of Justice Rawls’ theory focuses: Rawls’ theory focuses: NOT on foreseeable results of an action; NOT on foreseeable results of an action; NOT on right or wrong principles motivating the action; NOT on right or wrong principles motivating the action; NOT on virtues of character, but NOT on virtues of character, but ON SOCIAL INSTUTITONS WITHIN WHICH ACTIONS AND POLICIES ARE DETERMINED ON SOCIAL INSTUTITONS WITHIN WHICH ACTIONS AND POLICIES ARE DETERMINED

Justice as Fairness: John Rawls Definition and Principles Justice is: Justice is: A virtue of social institutions, measured by fairness in allocating benefits and burdens, defined by two basic principles: A virtue of social institutions, measured by fairness in allocating benefits and burdens, defined by two basic principles: Liberty Liberty Difference Difference

Justice as Fairness: John Rawls Liberty Rawls’ “Liberty Principle” Rawls’ “Liberty Principle” “Each person participating in a practice (or affected by it) has an equal right to the most extensive liberty compatible with a like liberty for all.”

Justice as Fairness: John Rawls Difference Rawls’ “Difference Principle” Rawls’ “Difference Principle” Inequalities is goods are arbitrary unless It is reasonable to expect that they will work to the advantage of the least advantaged; and It is reasonable to expect that they will work to the advantage of the least advantaged; and The positions and offices to which they attach (or from which they may be gained) are open to all, under conditions of fair competition The positions and offices to which they attach (or from which they may be gained) are open to all, under conditions of fair competition

Justice as Fairness: John Rawls Least Advantaged Who are the “least advantaged”? Who are the “least advantaged”? Those with lowest expectations for/ access to “primary goods” = “what free and equal persons need as citizens” Those with lowest expectations for/ access to “primary goods” = “what free and equal persons need as citizens”

Justice as Fairness: John Rawls Basic Goods Rawls specifies five kinds of such goods: Rawls specifies five kinds of such goods: 1. Basic rights and liberties (freedom of thought, liberty of conscience) 2. Freedom of movement, free choice of occupation 3. Powers and prerogatives of offices & positions of responsibility; 4. Income and wealth

Justice as Fairness: John Rawls Basic Goods Rawls specifies five kinds of such goods: Rawls specifies five kinds of such goods: 5. Social bases for self-respect – “aspects of basic institutions normally essential if citizens are to have a lively sense of their worth as persons & advance their ends with self-confidence”. Those who lack access these goods are “least advantaged” Those who lack access these goods are “least advantaged”

Justice as Fairness: John Rawls Justifying Rawls’ Claims The “original position”: assume a group of The “original position”: assume a group of Rational, self-interested individuals Rational, self-interested individuals Who know that there will be competition for scarce resources; Who know that there will be competition for scarce resources; But do not know what natural advantages or disadvantages they will possess, or But do not know what natural advantages or disadvantages they will possess, or What value beliefs or preferences will guide them What value beliefs or preferences will guide them

Justice as Fairness: John Rawls Given these assumptions what principles would these rational, self-interested individuals choose to guide distribution of benefits and burdens in their society? Given these assumptions what principles would these rational, self-interested individuals choose to guide distribution of benefits and burdens in their society? Rawls claims that persons in this imaginary “original position” would adopt versions of the liberty and difference principles. Rawls claims that persons in this imaginary “original position” would adopt versions of the liberty and difference principles.