1. Rawls’ Theory of Justice
Week 11

2. In Today’s lecture…
Recap
John Rawls’ theory of justice
The Experiment

3. Recap
The death penalty
Distributive justice
Dead Man Walking

4. Rawls’ theory of justice
American philosopher John Rawls is particularly concerned about issues of distributive justice. He argues that fairness should be the most important consideration in the distribution of income, wealth and resources.

5. Rawls’ theory of justice
The traditional view of justice holds that people should be given what they deserve. Thus, the idea of ‘desert’ is key to both criminal justice and distributive justice.
‘Fairness’ is also an important consideration because most people would agree that the same rules and standard should apply to everyone.

6. Rawls’ theory of justice
Under capitalism, resources are distributed through the free market (自由市場). Capitalism is an efficient system of distribution because it rewards ‘merit’ (優點、長處), individual excellence (優越性), productive labor, and contribution.
But some social thinkers and philosophers believe that capitalism is unjust because it gives rise to inequality of income and wealth.

7. Rawls’ theory of justice
According to Rawls, an economic system is unfair if it produces economic inequality. Why? Because economic inequality gives rise to unequal political power and influence.
The poor always lose in the competition for political power and influence because the rich can buy political influence, e.g. by donating to political parties.

8. Rawls’ theory of justice
Justice for Rawls requires that individual differences (in sex, race, age, family background, social status, etc.) should not have any significant effects on access to opportunities.
In his view, a just society (including its political and economic systems) should be founded on principles that that are just and fair to everyone.

9. Rawls’ theory of justice
According to Rawls, some people are ‘luckier’ than others. The have talents and abilities that others do not have because of the ‘natural lottery’ (運氣) , i.e. factors related to heredity (遺傳), family and environment, etc.
In Rawls’ view, no one really deserves the benefits arising from his or her abilities, talents, families, etc.

10. Rawls’ theory of justice
For Rawls, desert (i.e. individual merit, effort and contribution, etc.) is not a relevant consideration in distributive justice.
Merit, in particular, should not be used as the basis for distribution of income, wealth and resources because it is largely the result of ‘luck’, ‘chance factors’ or the ‘natural lottery’ (i.e. factors over which people have little or not control).

11. Rawls’ theory of justice
Rawls’ natural lottery argument states that mere luck should not determine the distribution of wealth, resources and opportunities in society.
In his view, economic and social inequalities affect people’s chances in life, and as such, they cannot be justified in terms of differences in merit or desert.

12. Rawls’ theory of justice
Do you agree with Rawls’ ‘natural lottery argument’? Do you agree with his view that the distribution of income and resources within an economic system should not be based on desert or merit?
Is it unfair that Tiger Woods earns a much higher income than most people because of his natural talent in golf?

13. Rawls’ theory of justice
Rawls’ goal is to create a just society in which ‘luck’ plays a minimal role in the distribution of benefits, incomes and resources.
His primary concern is to establish a system of distributive justice that will bring the greatest benefit to the least-advantaged members of society.

14. Rawls’ theory of justice
Rawls argues that in a just society, the authority (權力) of government should be based on a hypothetical (假設性的) ‘social contract’ (社會契約) made between free and equal individuals.
The social contract defines [1] the rights and obligations (責任) of each citizen, and [2] the powers and functions of the government.

15. Rawls’ theory of justice
Rawls assumes that society can be viewed as a fair system of co-operation among free and equal citizens, so it should be governed on the basis of principles to which all free and equal persons would agree.
He also believes that a system of fair distribution should be the outcome of a social contract.

16. Rawls’ theory of justice
Rawls asks us to imagine that we are in the ‘original position’ (原始位置), i.e. we are given the task to form a government based on a ‘social contract’ and principles of justice that everyone would accept.
The ‘principles of justice’, as the most important part of the social contract, can be seen as a set of rules which ensure that everyone’s interests are equally taken care of.

17. Rawls’ theory of justice
Rawls suggests that people in the original position should put on a ‘veil of ignorance’ (無知之幕) so that they have no idea about their own social position (e.g. age, sex, race, talent, family background, etc.)
If people are ignorant of these facts, they cannot try to benefit themselves by arguing for principles that give unfair advantages to their class, race, etc.

18. Rawls’ theory of justice
The veil of ignorance is a procedure (程序) that forces people to look at society not from their own position, but from an objective and impartial (公正無私的、不偏不倚的) standpoint.
Rawls argues that every rational person in the original position (behind the ‘veil of ignorance’) will choose the rules and principles that will protect everyone equally.

19. Rawls’ theory of justice
To illustrate his argument, Rawls discusses the example of dividing up a pie as fair as possible between two children.
Rawls suggests the use of a procedure: one child divides the pie and the other chooses which piece he or she wants. With this procedure, the pie is likely to be divided as equally as possible.

20. Rawls’ theory of justice
Rawls suggests that individuals in the original position (behind the veil of ignorance) would agree on 2 principles of justice :
[1] The Principle of Equal Basic Liberties
[2] The Difference Principle

21. Rawls’ theory of justice
[1] The Principle of Equal Basic Liberties states that:
Each person would have the most extensive system of rights and freedoms which can be accorded equally to everyone. These include freedoms of speech, peaceful assembly, democratic rights etc.

22. Rawls’ theory of justice
[2] The Difference Principle states that:
Economic and social inequalities can only be justified if they benefit all of society, especially the most disadvantaged members.

23. Rawls’ theory of justice
John Rawls believes that everyone should agree with the 2 principles of justice that he proposes.
It seems that most people would agree with The Principle of Equal Basic Liberties. The Difference Principle, however, is controversial (有爭議性) because it entails the redistribution (再分配) of income and resources.

24. Rawls’ theory of justice
The Difference Principle states that there is no justification (理據) for inequality unless it benefits society as a whole. It implies that laws and policies have to be changed to raise the position of the least advantaged in society.
Thus, in a just society, a fair amount of resources should be redistributed to help the poorest members.

25. Rawls’ theory of justice
For Rawls, existing inequality is justified only insofar as it benefits the least advantaged members of society. Otherwise, inequality is unjust and therefore should be corrected through redistribution.
In his view, economic redistribution is necessary to maximize the position or well-being of the poor.

26. Rawls’ theory of justice
It is easy to see why according to the Difference Principle, a doctor should be allowed to get a higher income than an ordinary office worker.
If this is not the case, no one will take the time and effort to study medicine, and health care will be in short supply (短缺). Everyone in society will suffer as a result.

27. Rawls’ theory of justice
However, imagine you are the owner of a business. The government has the right to tax away all your profits unless you reinvest those profits to create jobs for the working class. If you keep the money in your bank account without making any new investment, the government has the right to tax away that sum of money.
Do you think this is ‘fair’?

28. Rawls’ theory of justice
For Rawls, a fair and just society is one in which the poor can share the fruits of prosperity (分享繁榮成果).
He proposes that wealth and resources should be distributed more evenly through progressive taxation (累進稅制), social welfare (社會福利), a legal minimum wage, equal opportunity policy, public provision of education and health care, etc.

29. Rawls’ theory of justice
A basic assumption of Rawls’ theory of justice is that the government has the right to reallocate (再分配) income, resources and opportunities, as in a ‘planned economy’ (計劃經濟).
It implies that some government bureaucrats (官僚) will be able to take possession (擁有) of all wealth and resources and then redistribute them fairly among all members of society.

30. Rawls’ theory of justice
However, redistribution may not be fair to some members of society.
For example, a single mother who manages to improve her lot through hard work, thrift (節儉), and discipline may find her somewhat greater resources subject to redistribution to another single mother who is addicted to drugs and refuses to work.

31. Think!
The purpose of redistribution is to make up for (補償) bad luck. It requires that the more ‘fortunate’ (e.g. more talented, more wealthy, etc.) members of society be taxed in a manner that maximally benefits the less ‘fortunate’.
Will redistribution discourage people from working hard because their productive labor is not adequately rewarded?

32. Think!
If the government takes money from the rich and gives it to the poor, it may have achieved greater equality, but not greater justice.
People who disagree with Rawls may argue that redistribution entails violation (侵犯) of freedom and property rights (產權). It may also cause inefficiency (低效益) and diminish (減少) incentives (誘因) to save and work.

33. Think!
Do you think that people who choose to work harder to earn a higher income should be required to subsidize (津貼) those who choose to have more leisure (空閒時間)?

34. Think!
Why should we entrust (交托) government officials with the power to redistribute wealth? If someone steals money from the rich and gives it to his poor neighbors, he will be arrested and punished, why should we allow the government to rob Peter to pay Paul (劫富濟貧)?

35. Think!
Is Rawls’ theory of justice better than traditional accounts of justice?
What role should the government play in the distribution of income and resources?
Do you think a just society can be established through redistribution of income and resources? Why or why not?

36. The Experiment

37. The Experiment
As you are watching the film, you should focus your attention on the characters’ violent behavior. You should think about what causes people to behave violently in the simulated prison environment.