1. Egalitarian Liberalism: Justice in the Modern State
John Rawls
Dr. Schmid, Ph.D.
Philosophy and Religion, UNCW

2. Ethics and Politics Utilitarian = “greatest good for greatest number”
how to reconcile different concepts of happiness?
Kantian = “universal law” “treat persons as ends”
Protects freedom, dignity
Aristotle = objective structure to a good life
recommends specific social and religious order
Utilitarian principle might  violate ind’l rights
Liberalism: Individualism + Social Contract 
Libertarian liberalism: freedom  great inequality
Lockean model: ? re: limits of democratic legitimacy
Equal opportunity liberalism: Rawls
Communitarianism: does this  violate ind’l rights?

3. Social Contract and Rational Consent
Individual is, in some sense, prior to the state
Social contract, giving up some goods/rights in exchange for others
Q’s about rights
Alienable?
Defined by majority?
Q’s about contracts
Coercive?
Lack of information?
What kind of contract would not be tainted?
Rawls: one in which
There was no coercion, because everyone had the same amount of power
Everyone had equal knowledge
This is not possible in real life: we are born into different levels of social and natural advantage

4. Concept of the “original position”
Our present standpoint prejudices our conception of justice
To discover the true principles of justice, we must imagine:
We make a social contract
We have general knowledge about human beings and their interests
We don’t know our own situation in relation to gender, race, natural ability, social situation
What principles of justice would we choose in the “original position”?

5. Two Principles of Liberal Justice
Liberty:
rights to life, liberty, freedom of speech and thought, religion, assembly, etc.
Distributive:
Rights of property, free market, tempered by distribution that maximizes position of least well off (maxi/min)
Equal opportunity

6. Rational choice theory
Maximin Concept
Rational choice theory
Possible Outcomes
Maximin is regarded by some theorists as a basic principle of rational choice
In Maximin, where you are chosing blindly among alternative options, you must choose the option which gives you the least undesirable outcome. A B C -7 8 12 -9 6 16 4

7. Rawls’s argument
If we did not know our actual interests, we would ‘universalize’ unselfishly what justice demands  Original position concept of social contract
But everyone would want political liberty, because no one would want to be enslaved or ruled by others  Liberty Principle
Also, everyone would want an economic system that would guarantee opportunity and produce prosperity (free market and competitive self-interest promotes that), but no one would want to be left behind  Distributive Principles
Everyone would want liberty first, for reasons of self-respect as well as power; everyone would want equal opportunity in economic life  Lexical order

8. If you did not have your “lottery card,” where would you want to be born?
Society A
Society B
Society C
Libertarian state with equal political rights, but vast differences in social/economic status. No “safety net.” Possibility of becoming very wealthy, very poor.
“Liberal” state with political rights, some redress of social inequalities. Social safety net; public education; modest EO to wealth and positions of power in the society.
Egalitarian state with equal political rights, redress of social and natural inequalities, small social/economic differences. Tries to maximize position of least well off.

9. Looking now at your “lottery card,” where would you want to be born?
Society A
Society B
Society C
Libertarian state with equal political rights, but vast differences in social/economic status. No “safety net.” Possibility of becoming very wealthy, very poor.
“Meritocratic” state with political rights, redress of social inequalities. Strong social safety net; public education; modest EO to wealth and positions of power in the society.
Rawlsian state with equal political rights, redress of social and natural inequalities, small social/economic differences. Tries to maximize position of least well off.

10. Concepts of Equal Opportunity
Natural Equal Opportunity
Liberal Equal Opportunity
Egalitarian Equal Opportunity
Legal equal opportunity (no adjustments for social or other advantages)
Liberal equal opportunity (some adjustment for social advantage)
Full equal opportunity (full adjustment for social + natural advantages)
State enforces laws such that all persons have the same legal, political and economic rights
State enforces equal legal equality + economic rights for socially disadvantaged e.g. food stamps, health care, scholarships, public defender, etc.
State equalizes life-opportunities for all members of society, especially in relation to economic goods, to the maximum extent possible
Accepts: inequality in life-opportunity due to wealth or power inheritance, or to natural ability; luck
Accepts: naturally caused unequal opportunity, luck in the market; counteract unequal social advantages
Accepts: considerable limitation of economic freedom for maximum equality of life-opportunity

11. Inheritance Tax? Libertarian vs. Liberal
Individuals have earned the $, have the right to transfer it as they wish
Inheritance tax steals money from rightful owners (parents)
Consequent inequality of opportunity for children = part of parent’s just reward for earning wealth
Reject all redistribution
U args: liberalism undercuts prosperity as well as freedom
Vast inequality of opportunity even in Lockean state
Individuals’ (child’s) advantages = luck in the ‘birth-lottery’
Market does not reward according to ‘merit’ or ‘work’
Society is fair in supporting LEO
Doesn’t  ever > inequality
People have a “fair start”
Some redistribution is just
U args: libertarianism undercuts prosperity/merit as well as allows unfairness of opportunity

12. Proposal #1: North Carolina Fair Educational Opportunity Act
Increase tax on highest level 5.5% to 10%
Funding to create “NCFEO” merit scholarships to pay all expenses for NC universities, including tuition, books and basic living expenses

13. Proposal #2: North Carolina Disabilities Opportunity Act
DD persons = significant mental or physical disabilities which not due to their own actions
Increase tax on highest level 5.8% to 10%
Create greater opportunities in
Jobs: tax deduction for hiring for non-replacement, ‘disability-disadvantaged’ positions
Education/communication: DD persons provided relevant services in education and communication
Physical access: all public and corporate building

14. Where would you want to live?
Ave. Salaries
Society A
Society B
Society C
CEO
Professionals
Plumbers
Teachers
Farm workers
Unemployed
BASIC COL (3)
$2000,000
$200,000
$55,000
$45,000
$20,000
nothing
$30,000
$400,000
$100,000
$70,000
$15,000
$75,000
$50,000
$10,000

15. Objections to Rawlsian Liberalism
Libertarians:
reject Distributive Principle
reject liberal policies to “make real” equal political rights
public financing of elections, prohibition of corporate political donations, public defenders; etc.
Communitarians (Sandel): different set of arguments
Critique of liberal concept of self, state
Priority of conceptions of the good life over conceptions of justice (good over right), vs. liberal ideal of priority of right over good