Online research in philosophy

In “Institutions and the Demands of Justice,” Liam Murphy ~1999! makes a distinction between two approaches to normative political theory. He labels these two positions “dualism” and “monism.” The former maintains that “the two practical problems of institutional design and personal conduct require, at the fundamental level, two different kinds of practical principle” ~1999: 254!. The most influential proponent of dualism is John Rawls. In A Theory of Justice Rawls defends his theory of “justice as fairness,” which recognizes a division of responsibility between the principles that apply to the main social, economic and political institutions of society, and the principles that apply to individuals. Institutions are to be arranged so that citizens’ basic rights and liberties are protected and social and economic inequalities are to the greatest benefit of the least advantaged and attached to offices and positions open to all under conditions of fair equality of opportunity. The principles that apply to individuals include various principles of natural duty, as well as the principle of fairness. These principles impose on citizens a diverse array of duties and obligations, such as the duties of mutual respect and mutual aid.

Born and raised in Baltimore, Maryland, John Rawls received his undergraduate and graduate education at Princeton. After earning his Ph.D. in philosophy in 1950, Rawls taught at Princeton, Cornell, the Massachusetts Institute of Technology, and, since 1962, at Harvard, where he is now emeritus. Rawls is best known for A Theory of Justice (1971) and for developments of that theory he has published since. Rawls believes that the utilitarian tradition has dominated modern political philosophy in English-speaking countries because its critics have failed to develop an alternative social and political theory as complete and systematic. Rawls's aim is to develop such an alternative: a contractarian view of justice, derived from the tradition of Locke, Rousseau, and especially Kant. Rawls carries social contract theory to a "higher order of abstraction" by viewing the principles of justice themselves as the objects of a social contract. Justice is the solution to a problem, which arises in this way: Society, as it is conceived in a liberal democracy, is a cooperative venture between free and equal persons for their mutual advantage. Individuals participate in it in order to implement their conceptions of the good life. Cooperation makes a better life possible for everyone by increasing the stock of what Rawls calls "primary goods" - things which it is rational to want whatever else you want, because they are required for any conception of a good life. Primary social goods include rights, liberties, powers, opportunities, income, wealth, and the social bases of self-respect. But society is also characterized by conflict, since people disagree not only about how its benefits and burdens should be distributed, but also about conceptions of the good. Principles of justice are used to evaluate the distributions of benefits and burdens and the institutions which effect them. Rawls's idea is to identify an acceptable conception of justice by asking what principles it would be reasonable for the members of society to agree to, which is to say, what principles would be fair..

Part I distinguishes epistemic and choice democracy, attributing the first to the Rawls of A Theory of Justice but arguing that the second is more justifiable. Part II argues that in comparison with the difference principle, three principles — equal participation in choice democracy, no subordinating purpose, and a just wants guarantee — constitute a more rational choice in the original position; and that they better provide all the benefits claimed for the difference principle in its comparison with either average utilitarianism or restricted average utilitarianism (the mixed conception). Part III, despite noting that my conclusions in Part II can all be reached within the Rawlsian framework, suggests that finding the basis of equality in the presuppositions of communicative action rather than in the existence of the two basic moral powers is more conducive to the affirmative conclusions of Parts I and II. It argues that Rawls' conclusions represented in part his not fully carrying out the break with Kant that he identified himself as making. Key Words: communicative action • democracy • difference principle • distribution • equality • just wants • Immanuel Kant • liberal neutrality • John Rawls • social minimum • subordination • toleration.

According to Rawls, the principles of justice are principles that determine a fair resolution of conflicts of interest among persons in a society. “A set of principles is required for choosing among the various social arrangements which determine this division of advantages and for underwriting an agreement on the proper distributive shares” (p. 4). Different interpretations or conceptions of justice fill out this core concept; a theory of justice seeks a best conception. Justice takes priority over other normative claims—as Rawls states, justice is the “first virtue of social institutions.” The principles of justice are principles to regulate what Rawls calls the “basic structure of society,” that is, the way in which the major social institutions distribute fundamental rights and duties and determine the division of advantages from social cooperation” (p. 6). Why focus on the basic structure? “The basic structure is the primary subject of justice because its effects are so profound and present from the start. The intuitive idea here is that this structure contains various social positions and that men born into different positions have different expectations of life determined, in part, by the political system as well as by economic and social circumstances. In this way the institutions of society favor certain starting places over others. These are especially deep inequalities. Not only are they pervasive, but they affect men’s initial chances in life; yet they cannot possibly be justified by an appeal to the notions of merit or desert. It is these inequalities, presumably inevitable in the basic structure of any society, to which the principles of social justice must in the first instance apply” (p. 7).

Philippe van Parijs (2003) has argued that an egalitarian ethos cannot be part of a post- Political Liberalism Rawlsian view of justice, because the demands of political justice are confined to principles for institutions of the basic structure alone. This paper argues, by contrast, that certain principles for individual conduct—including a principle requiring relatively advantaged individuals to sometimes make their economic choices with the aim of maximising the prospects of the least advantaged—are an integral part of a Rawlsian political conception of justice. It concludes that incentive payments will have a clearly limited role in a Rawlsian theory of justice.

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal.

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal.

AnsrRAcr. This is a critical analysis of John Rawls’s A Theory of Justice. Rawls offers a theoretical justihcation of social democratic principles of justice. He argues that they are the principles which rational men would choose, under defined constraints, in an original position of social contract. The author criticises Rawls’s assumption that men of any background, of any socialisation, would choose these principles in the original position. He argues that the choice which Rawls imputes to his contractors reflects a specific socialisation — one dominant in Western democracies. The theory is useful because it systematises a particular sense of justice ; it is in no sense however a universal theory.

provide a plausible alternative to utilitarianism. Rawls gives two kinds of arguments to show that his two principles of justice are more plausible or more nearly correct than utilitarianism. First, he argues that the two principles of justice provide a better match with our 'considered judgments in reflective equilibrium.' Second, he argues that his two principles would be chosen in preference to the principle of utility in 'the original position.' I shall be concerned only with the second of these two arguments in this paper. According to Rawls, people in the original position choose principles on the assumption that whatever principles are chosen will be strictly complied with, i.e., they choose on the assumption that the basic institutions of their society and all of the actions of its members will be in compliance with whatever principles are chosen.

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at all for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position.