Justice as Fairness

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Justice as Fairness

• by
• John Rawls

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Rawls looks at justice.

• Kants ethics and Utilitarianism are about right
  and wrong actions.
• For example Is it ethical to lie on a job
  application to preserve legitimate privacy?
• Rawls theory is about distributive justice.
• What is the ethically correct way to distribute
  benefits and burdens in society?

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Gravanders background reDistributive Justice
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Four classic theories ofdistributive justice.

• Egalitarian.
• To all the same.
• Meritocratic (or, Capitalist).
• To each according to their merit.
• Socialist.
• From each according to their ability, to each
  according to their need.
• Libertarian.
• From each what they freely choose to contribute,
  to each what they have made or others have freely
  chosen to contribute.

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Justice at Clarkson
Egalitarian Meritocratic Socialist Libertarian

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Justice at Clarkson
Egalitarian Meritocratic Socialist Libertarian
Access to health center Right to file grievances Use of sports facilities Entrance to hockey games
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Justice at Clarkson
Egalitarian Meritocratic Socialist Libertarian
Access to health center Right to file grievances Use of sports facilities Entrance to hockey games The grades you get Housing priority PeopleSoft enrollment appointment Quality of job at graduation
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Justice at Clarkson
Egalitarian Meritocratic Socialist Libertarian
Access to health center Right to file grievances Use of sports facilities Entrance to hockey games The grades you get Housing priority PeopleSoft enrollment appointment Quality of job at graduation Financial aid File systems Tutorial support
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Justice at Clarkson
Egalitarian Meritocratic Socialist Libertarian
Access to health center Right to file grievances Use of sports facilities Entrance to hockey games The grades you get Housing priority PeopleSoft enrollment appointment Quality of job at graduation Financial aid File systems Tutorial support What you get out of school Long-term friendships
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Rawls theory is a version of social contract
theory

• Hobbes, Locke, Rousseau.
• State of nature, law of nature, creation of civil
  society to improve/secure quality of life.
• US society rests on such social contracts.
• Declaration of Independence When in the Course
  of human events it becomes necessary for one
  peopleto assume among the powers of the earth,
  the separate and equal station.
• Constitution We the peopledo ordain and
  establish.

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Now, Rawls Theory ofJustice as Fairness
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Rawls asks, What principles of justice would
people chose at the founding of society?

• A hypothetical, not real, moment but still a
  doable thought experiment.
• A moment when people know nothing about their
  future.
• Class or social status.
• Intelligence or other capabilities.
• Social place in terms of gender, race, etc.
• Wealth.

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Rawls operational definition of justice as
fairness.

• Think yourself back to the original position and
  put yourself behind the veil of ignorance.
• Ask yourself whether a proposed rule for
  distributing benefits and burdens is acceptable
  to you.
• If not, then it cannot be fair, and therefore it
  cannot be just so, the rule must be rejected.

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This operational procedure produces Rawls formal
definition of justice as fairness.

• Justice satisfying two general principles
• First each person is to have an equal right to
  the most extensive basic liberty compatible with
  a similar liberty for others.
• Second social and economic inequalities are to
  be arranged so that they are both (a) reasonably
  expected to be to everyones advantage and (b)
  attached to positions and offices open to all.

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Rawls first principle.

• The basic liberties for all citizens
• Political liberty (right to vote and be eligible
  for public office).
• Freedom of speech and assembly.
• Liberty of conscience and freedom of thought.
• Freedom regarding your own person.
• Right to hold personal property.
• Freedom from arbitrary arrest and seizure as
  these are understood under the rule of law.

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Rawls second principle.

• Holding positions of authority and offices of
  command open is clear enough.
• For example, no hereditary positions.
• No exclusions based on gender, race, etc.
• No tests based on wealth or property.
• Arranging social and economic inequities so that
  everyone benefits is less clear.
• However, Rawls provides the framework for
  thinking about this original position and veil
  of ignorance.

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A possible example.

• Proposed rule Women should always make less
  money than men.
• On average women make 75 of what men make, and
  this has not changed over the past 30 years.
• Men make more than women in the same job.
• So, here is an unequal distribution.
• Does it benefit everyone?
• Would you accept this rule if you were behind
  the veil of ignorance?

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Priorities among Rawls principles.

• The basic rights and liberties for all principle
  has first priority and takes precedence.
• This means, among other things, that you cannot
  justify a decrease in liberty on the basis of
  increased social or economic benefit.