Rawls defended the model of a property‐owning democracy; critically reflected on the US constitutional history of free speech; and argued that “both Hiroshima and the fire‐bombing of Japanese cities were great evils.” What ties these and many other disparate concerns together is the idea of the original position. “Justice as Fairness,” published in 1958, included several crucial developments. Rawls proposes his “two principles of justice,” which, through various revisions, he would defend for the rest of his career: a (...) principle of equal liberty and a principle encompassing fair equality of opportunity and the difference principle. Rawls argues that parties would accept his two principles in two stages: first, by a comparison with average utilitarianism, which focuses on his first principle, and then by a comparison with so‐called “mixed conceptions,” which focuses on the second principle. Rawls continues to claim that the original position establishes a form of objectivity. (shrink)

This chapter contains sections titled: Property and Subjugation The Limits of Property The Marxian Theory of the Conditions of Liberty Inside the Marxian‐Liberal Original Position The Difference Principle as a Historical Principle of Justice.

John Rawls famously argued that the Difference Principle would be chosen by any rational agent in the original position. Derek Parfit and Philippe Van Parijs have claimed, contra Rawls, that it is not the Difference Principle which is implied by Rawls’ original position argument, but rather the more refined Lexical Difference Principle. In this paper, we study both principles in the context of social choice under ignorance. First, we present a general format for evaluating original (...) position arguments in this context. We argue that in this format, the Difference Principle can be specified in three conceptually distinct ways. We show that these three specifications give the same choice recommendations, and can be grounded in an original position argument in combination with the well-known maximin rule. Analogously, we argue that one can give at least four plausible specifications of the Lexical Difference Principle, which however turn out to give different recommendations in concrete choice scenarios. We prove that only one of these four specifications can be grounded in an original position argument. Moreover, this one specification seems the least appealing from the viewpoint of distributive justice. This insight points towards a general weakness of original position arguments. (shrink)

Contrary to what he expected, Primo Levi didn’t experience his life after being released from Auschwitz as cheerful and light-hearted. He – like many other survivors – was haunted by an obscure and solid anguish. It took some effort for him to discern the object or source of this anguish. He finally identified it as springing from a sense of shame or guilt in front of the drowned, that is, of those who were exterminated in the Lager. He could not (...) determine, however, whether his shame or guilt was at all rational. In this paper l examine Levi’s shame in light of what I regard as the dominant conception of practical deliberation, according to which principles and emotional detachment are central to our ability to deliberate appropriately. This conception underlies the role that John Rawls ascribes to the original position in the determination of the fundamental principles of justice. Deliberation in the original position is supposed to abstract away from any particular moral situations that one may actually have faced, since these are purely circumstantial elements to be discarded as both irrelevant and misleading for a proper deliberation on the principles of justice. In this paper, I intend both to make a case against the conception of practical deliberation on which Rawls’ original position relies and to vindicate the rationality of Levi’s shame, once some well-entrenched assumptions are brought to light and challenged. (shrink)

John Harsanyi has offered an argument grounded in Bayesian decision theory that purports to show that John Rawls's original position analysis leads directly to utilitarian conclusions. After explaining why a prominent Rawlsian line of response to Harsanyi's argument fails, I argue that a seemingly innocuous Bayesian rationality assumption, the continuity axiom, is at the heart of a fundamental disagreement between Harsanyi and Rawls. The most natural way for a Rawlsian to respond to Harsanyi's line of analysis, I argue, (...) is to reject continuity. I then argue that this Rawlsian response fails as a defence of the difference principle, and I raise some concerns about whether it makes sense to posit the discontinuities needed to support the other elements of Rawls's view, although I suggest that Rawls may be able to invoke discontinuity to vindicate part of his first principle of justice. (shrink)

At the centre of John Rawls's political philosophy is one of the most influential thought experiments of the twentieth century: which principles of justice would a group of individuals choose to regulate their society if they were deprived of any information about themselves that might bias their choice? In this collection of new essays, leading political philosophers examine the ramifications and continued relevance of Rawls's idea. Their chapters explore topics including the place of the original position in rational (...) choice theory, the similarities between Rawls's original position and Kant's categorical imperative, the differences between Rawls's model and Scanlon's contractualism, and the role of the original position in the argument between Rawls and other views in political philosophy, including utilitarianism, feminism, and radicalism. This accessible volume will be a valuable resource for undergraduates, as well as advanced students and scholars of philosophy, game theory, economics, and the social and political sciences. (shrink)

Suppose we assume that the parties in the original position took Kahneman and Tversky's prospect theory as constituting their general knowledge of human psychology that survives through the veil of ignorance. How would this change the choice situation of the original position? In this paper, I present what I call ‘prospect utilitarianism’. Prospect utilitarianism combines the utilitarian social welfare function with individual utility functions characterized by Kahneman and Tversky's prospect theory. I will argue that, once prospect (...) utilitarianism is on the table, Rawls's original arguments in support of justice as fairness as well as his arguments against utilitarianism are, at best, inconclusive. This shows that how implausible a choice for utilitarianism in the original position is heavily depends on what one assumes to be general knowledge of human psychology that the original contracting parties know. (shrink)

The idea of the "original position" is one of the most famous concepts in contemporary political philosophy. Since the first publication of A Theory of Justice in 1971, the device of the original position has become a popular theoretical method in many political theorists' writings. Unfortunately, the true meaning of the original position is far from clear both in Rawls's and Rawlsians' accounts. This has caused a lot of misunderstanding and misuse of this concept (...) in contemporary literature. This study attempts to explore the more profound connotation of the original position by sorting out its relationship with Kant's categorical imperative procedure and argues that it is more appropriate to claim that Rawls's original position device is a development of Kant's categorical imperative procedure rather than the standard version of rational choice theory or social contract tradition. I demonstrate three essential similarities between Rawls's original position and Kant's categorical imperative procedure, which embodies Kantian constructivism: justificatory individualism, the reasonable presupposes and subordinates the rational, and the combination of moral and realistic considerations. (shrink)

The original position together with the veil of ignorance have served as one of the main methodological devices to justify principles of distributive justice. Most approaches to this topic have primarily focused on the single person decision-theoretic aspect of the original position. This paper, in contrast, will directly model the basic structure and the economic agents therein to project the economic consequences and social outcomes generated either by utilitarianism or Rawls’s two principles of justice. It will (...) be shown that when the differences in people’s productive abilities are sufficiently great, utilitarianism dominates Rawls’s two principles of justice by providing a higher level of overall well-being to every member of society. Whenever this is the case, the parties can rely on the Principle of Dominance (which is a direct implication of instrumental rationality) to choose utilitarianism over Rawls’s two principles of justice. Furthermore, when this is so, utilitarianism is free from one of its most fundamental criticisms that it ‘does not take seriously the distinction between persons’ (Rawls 1971 [1999]: 24). (shrink)

Cosmopolitans including Charles Beitz, David Richards, Brian Barry, Thomas Pogge and Gillian Brock propose the device of an original global position to work out global principles of justice. However, John Rawls does not agree with this kind of proposal. In this paper, I add two key original contributions, which go beyond previous arguments by cosmopolitans and advance the current debates. First, to argue against Rawls’s objection to the global original position, I demonstrate the importance of (...) the distinction between accepting a particular substantive principle and accepting the original position procedure. Second, in order to respond to cultural pluralism, I take a unique approach to show that the idea of the person as free and equal is a fundamental part of the global public culture by examining the most fundamental legal documents: the proto-constitutional documents in international law and the constitutions of the major states. I apply Samuel Huntington’s classification of civilisations to identify the major civilisations and their core states and show that the idea of the person as free and equal is implicit in the constitutions of most influential countries even though these countries are categorised in different civilisations. (shrink)

Are John Rawls’s most noticeable methodological contributions, reflective equilibrium and the original position, consistent with each other? I draw attention to a worry that they stand in inconsistent relationships to the claim that ought implies can: it can only be the case that we ought to do something if we can do it.

This is a one-page handout presenting some objections nationalists might or do make to John Rawls's original position method.

In this paper, I present a way in which John Rawls’s original position thought experiment can be brought closer to nationalism. The social science laws can be taken from a nation’s heritage.

Dworkin claimed that hypothetical agreements are not binding and, thus, that the argument from the Original Position in Rawls’ A Theory of Justice does not justify or ground the principles of justice. I argue that the Original Position is neither foundational nor in need of a “deep theory”, as claims Dworkin; it is only a means of clarification, a sort of “perspicuous representation” of our judgments concerning justice. I also argue that the natural duty of justice (...) works as a non-hypothetical justification for why the principles are binding. This because the natural duty of justice does not depend on agreements to hold and, as such, makes any principle of justice binding. (shrink)

Gloria is a typical twenty-one-year-old living in post-World War II America, spending her time making fashionable clothing for herself and going out with her boyfriend, when her brother Stanley goes missing. While on her way to speak with his friends at the Delta Psi fraternity house at Princeton University, she discovers the body of one of his fellow students. The young man has been murdered, and Gloria’s worry for her brother deepens into a terrible fear for his safety. -/- Stanley (...) is a member of the Dreamcatcher Committee, which eminent philosopher John Dewey has tasked with locating the next greatest philosopher—the thinker who can solve the problem of how to establish both peace and justice in society. That person will receive a dreamcatcher from Dewey that has been handed down through several generations of notable philosophers. The only problem is that, not only is Stanley missing, but the dreamcatcher seems to be as well. -/- So Gloria and the committee members embark on a search for both her brother and the dreamcatcher, following a trail of clues laid out by Stanley himself. Their search leads them to explore the philosophical theories of an array of thinkers and writers who all had different ideas about how to achieve a society that is both peaceful and just. But the person who has the most profound and influential theory is not who they think, and the answer provides them with the whereabouts of both the dreamcatcher and Stanley in a fascinating twist that none of them could have foreseen. -/- This novel is part of an innovative philosophy curriculum that uses engaging stories to introduce students to important philosophical concepts. In this story, a teen named Gloria discovers that her brother has gone missing. When another student from his university is found murdered, Gloria and the members of a committee tasked with identifying the next great philosopher find themselves following a trail of clues in the search for answers. Along the way, they explore several philosophical theories for establishing a just, peaceful society. But the person who has the most profound theory is not who they think, leading them to the answers they’re seeking in a twist that none of them could have foreseen. -/- . (shrink)

I defend a deontological social contract justification of punishment for philosophers who deny free will and moral responsibility (FW/MR). Even if nobody has FW/MR, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent (...) to the imprisonment of violent criminals if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. (shrink)

I defend a deontological social contract justification of punishment for free will deniers. Even if nobody has free will, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation (OPD) where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of (...) violent criminals if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. And even if we assumed we would be accused of a crime, we would consent to an evidentiary standard low enough to allow a conviction rate sufficient to prevent the state of nature. After explaining this justification, I contrast it with the public health quarantine justification defended by Derk Pereboom and Gregg Caruso, and argue that it provides a stronger response to the using criminals as mere means objection. (shrink)

Modern society makes extensive use of automated algorithmic decisions, fueled by advances in artificial intelligence. However, since these systems are not perfect, questions about fairness are increasingly investigated in the literature. In particular, many authors take a Rawlsian approach to algorithmic fairness. This article aims to identify some complications with this approach: Under which circumstances can Rawls’s original position reasonably be applied to algorithmic fairness decisions? First, it is argued that there are important differences between Rawls’s original (...) position and a parallel algorithmic fairness original position with respect to risk attitudes. Second, it is argued that the application of Rawls’s original position to algorithmic fairness faces a boundary problem in defining relevant stakeholders. Third, it is observed that the definition of the least advantaged, necessary for applying the difference principle, requires some attention in the context of algorithmic fairness. Finally, it is argued that appropriate deliberation in algorithmic fairness contexts often require more knowledge about probabilities than the Rawlsian original position allows. Provided that these complications are duly considered, the thought-experiment of the Rawlsian original position can be useful in algorithmic fairness decisions. (shrink)

In this paper, I present a problem for regarding the reflective equilibrium and original position methods as consistent. I do not prove that there is an inconsistency, but there is a puzzle of how the two methods can be made consistent. The concern about inconsistency is because the former method allows for a kind of historical bias, as noted by T.H. Irwin, whereas the latter method seeks to guard against historical bias.

In his review of my book, Better never to have been, Len Doyal suggests, contrary to my view, that rational beings in the original position might prefer coming into existence to the alternative of never existing, if their lives were to include enough good and not too much bad. I argue, in response, that Professor Doyal fails to make his case.

Two different discussions in John Rawls' A Theory of Justice lead naturally to a rather conservative position on the moral status of the human embryo. When discussing paternalism, he claims that the parties in the original position would seek to protect themselves in case they end up as incapacitated or undeveloped human beings when the veil of ignorance is lifted. Since human embryos are examples of such beings, the parties in the original position would seek (...) to protect themselves from their embryonic stages onward. When discussing the basis of equality, Rawls claims that the parties in the original position would guarantee basic rights for all those with the capacity to take part in this original position. To guarantee the basic rights of infants and young children, he goes on to interpret this capacity as a "potentiality that is ordinarily realized in due course." Since human embryos have this potentiality, they too should have basic rights. (shrink)

AMONG THEOLOGICAL WRITERS, MANY HAVE SUSPECTED THAT JOHN Rawls's writings on justice add up to a de facto manifesto of secularism. His writings especially provoke anxiety about the potential exclusion of theological affirmations from public political discourse. Much of this anxiety focuses on his concept of the "original position" from which principles of justice are negotiated. Consideration of the anxiety provoked by this concept, however, suggests that it is theologically richer than Rawls's critics allow. A turn to Søren (...) Kierkegaard's The Concept of Anxiety enables interpretation of the original position as a device of representation that identifies every individual with the fact of original sin. Crucial to this interpretation is Kierkegaard's description of original sin in terms of anxiety that arises from the innocence that is ignorance in the comparable original position of Adam. Where anxiety arises, sin follows. Where sin arises, the need for justice follows. Reading Rawls and Kierkegaard together consequently offers insight into the relevance of the history of the doctrine of original sin to contemporary theorization of justice. (shrink)

This chapter contains section titled: “How Is That Fair? How Is That in Any Way Fair?” “We Make Our Own Laws Now, Our Own Justice” “The Shape of Things to Come?” Notes.

This paper presents a design for a social and political philosophy course for fourth- and fifth-year undergraduates. The theoretical foundation of the courses is based upon Rawls' theory of original position as a starting point to engage with the history of political thought. Students are able to approach problems in the history philosophy through a practical investigation of contemporary structural issues in public policy. The success of the course lies in students’ engagement with an in-class theoretical and hands-on (...) research project that develops over the course of a semester. (shrink)

The justice of racial profiling is addressed in the original position first for a society without racism, then for a society marked by racism. In the first case, the practice is argued to be just if carried out respectfully and expeditiously and likely to contribute to effective crime control. Thus it is not intrinsically racist. Addressing the second case, the idea that the harms of racial profiling are modest because expressive is critiqued. The practice is shown to carry (...) the danger of producing rights-violations by increasing the incidence of racist attitudes and practices. It is argued to be just in a society marked by racism if done under special supervision, and only to aid in apprehending dangerous criminals. (shrink)

In the last lecture I talked first about the difference principle, and then about the original position and the intuitions that seem to have guided Rawls in constructing it. At the end I was saying that his intuitions about religion and morality are those of the small-l liberal, who wants a 'fair go' for diverse and conflicting philosophies of life. This leads to my next topic (still under the general heading of the Original Position), -.

An objection to John Rawls’s original position is that it faces a problem of inconsistent features: the individuals in this hypothetical situation are not supposed to know where they are in history, but they have knowledge of general social science, from which they can infer at which point in time they are. In this paper, I consider two solutions. One of these solutions depends on extending a solution to another well-known objection: that readers cannot imagine lacking the knowledge (...) that these individuals lack. (shrink)

The comparison between the concept state of nature, as it appears in the contractualist theories of XVII and XVIII centuries, and the original position of the the- ory of justice by John Rawls, reveals the assumptions, difficulties and limitations of the latter. In spite of its claims, the original position does not justify the search and existence of a well ordered society, and it is far away from reach the brightness and coherence with which their predecessors (...) argued on behalf of societies where safety, freedom or equality ruled. Besides, Rawls, on amounting justice to a material welfare which must arrive, does not know the important role that the historical memory plays when claiming the resolution of the injustices from the pastLa comparación entre el concepto de estado de naturaleza, tal y como aparece en las teorías contractualistas de los siglos XVII y XVIII, y la posición original de la teoría de la justicia de John Rawls, sirve para poner de manifiesto los supuestos, dificultades y limitaciones de esta última. A pesar de sus pretensiones, la posición original no justifica la búsqueda y existencia de una sociedad bien ordenada, y está lejos de alcanzar la brillantez y coherencia con la que sus antecesores argumentaron a favor de sociedades donde reinara la seguridad, la libertad o la igualdad. Además, Rawls, al reducir la justicia a un bienestar material que ha de llegar, desconoce el importante papel que la memoria histórica desempeña a la hora de reclamar la resolución de las injusticias del pasado. (shrink)

In this paper I will juxtapose the concept of the veil of ignorance – a fundamental premise of Rawlsian justice as fairness – and solidarity in the context of the organisation of a healthcare system. My hypothesis is that the veil of ignorance could be considered a rhetorical tool that supports compassion solidarity. In the concept of the veil of ignorance, I will find some crucial features of compassion solidarity within the Rawlsian concept of “reciprocity” – located between “impartiality” and (...) “mutual advantage”. I conclude that, even behind this “thick” veil, some essential, yet “particular” facts on health and wealth redistribution are available to decision makers. Lastly, I discover that by means of the assumption of self-interest in the original position the veil aims to convert egoism into empathy, thus invoking the solidarity of compassion that in turn could be translated into principles of the organisation of a healthcare system. (shrink)

I evaluate the mechanism Rawls uses to elicit his just savings principle. My analysis focuses on his account of membership in the original position because who is in the original position and what they know has important consequences for the rest of Rawls’ theory of intergenerational justice. I consider three options: present time of entry, actual people from various generations, and all possible people. However, I will argue that Rawls is ultimately not successful since there is (...) no plausible composition of the original position that avoids the non-identity problem and generates acceptable moral principles without logical contradictions or inconsistencies with the rest of his theory of justice. (shrink)

I evaluate the mechanism Rawls uses to elicit his just savings principle. My analysis focuses on his account of membership in the original position because who is in the original position and what they know has important consequences for the rest of Rawls’s theory of intergenerational justice. I consider three options: present time of entry (PTE), actual people from various generations, and all possible people. However, I will argue that Rawls is ultimately not successful since there (...) is no plausible composition of the original position that avoids the non-identity problem and generates acceptable moral principles without logical contradictions or inconsistencies with the rest of his theory of justice. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to ascertain how the victims of injustice ought (...) to be compensated, since history strongly suggests that social contracts are likely to be violated. This paper sets forth the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

This paper examines a remarkable document that has escaped critical attention within the vast literature on John Rawls, religion, and liberalism: Rawls's undergraduate thesis, "A Brief Inquiry into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community" (1942). The thesis shows the extent to which a once regnant version of Protestant theology has retreated into seminaries and divinity schools where it now also meets resistance. Ironically, the young Rawls rejected social contract liberalism for reasons that (...) anticipate many of the claims later made against him by secular and religious critics. The thesis and Rawls's late unpublished remarks on religion and World War II offer a new dimension to his intellectual biography. They show the significance of his humanist response to the moral impossibility of political theology. Moreover, they also reveal a kind of Rawlsian piety marginalized by contemporary debates over religion and liberalism. (shrink)

Do individuals in John Rawls’s original position take into account the fallibility of human nature? Some notable commentators on Rawls say that they do or that they should. But this enables us to say that individuals in the original position would not come to an agreement at all.

This paper argues that Rawls must commit himself to non-social human beings to defend his original position procedure.

We may think of principles which purport to fairly and reasonably adjudicate conflicting claims among human beings as principles of justice. To identify such principles John Rawls investigates what principles would be chosen by rational, self-interested persons who are ignorant of certain features of themselves which might be taken into account to promote their own advantage. The impartial viewpoint obtained by participants in a modified “original position” might be used, to identify principles which would reasonably and fairly adjudicate (...) conflicting claims among sentient creatures, i.e., human beings and animals. In what follows I attempt to sketch the beginnings of such a strategy, some reasons for exploring it, and conjecture as to a few of its implications for current disputes about the treatment of animals. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, (...) since history suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named (...) ‘sustainability of values’. This revised original position lends support to intergenerational justice as fairness. (shrink)

The approach of liberal political philosopher John Rawls on the issue of abortion relied on his construct of “public reason,” in which citizens in a pluralistic democracy restrict the use of deliberative arguments and reasons that are drawn from their “irreconcilable comprehensive doctrines,” including their religious worldviews. From this reasoning, Rawls concludes that a just society is one that includes the legal right to abortion. However, the author contends that the use of another of Rawls’s theories—“justice as fairness”—leads to an (...) alternative conclusion: that legally sanctioned abortion represents the unjust persecution of a specific population—the unborn. Further, this same theoretical approach supports the egalitarian application of Catholic social thought to protect the fetus as a uniquely vulnerable position in society. National Catholic Bioethics Quarterly 10.4 (Winter 2010): 677–686. (shrink)