Transcript Justice as Fairness John Rawls

Justice as Fairness
John Rawls
PHL 110: ETHICS
North Central College
Act, Consequence, Virtue
and Justice:
Review: Why is it wrong to lie?

Utilitarianism: because the (long-term)
benefit (utility) for those affected by
the lie is less than the cost.
Act, Consequence, Virtue
and Justice:
Review: Why is it wrong to lie?

Kant’s deontology
 You
can not universalize a rule such as
“Always lie when it is to your advantage”;
 The
rule “I have a right to decide when to
tell the truth or lie” treats others as means
to your goals, not ends in themselves.
Act, Consequence, Virtue
and Justice:
Review: Why is it wrong to lie?

Virtue ethics:
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practice of veracity and honesty as
virtues allows persons to discern
discretion = the mean between
falseness and transparency, relative to
persons and situations.
Justice and Ethical Norms
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Ideas of justice expand the context of
wrongs beyond individual interactions to
society as a whole:
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“Society,” as well as individuals, is said to be
wronged by crime when crime is unpunished;
“Society,” as well as individuals - is said to be
harmed when tort injuries to individuals or
groups are not redressed by law.
Types of Justice
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Distributive justice: basis for (justification of)
pattern of resource distribution in a society;
i.e. norms of fairness
Retributive justice: basis for classifying
wrongs as crimes, determining guilt, norms
of punishment
Resistive justice: compensation for injury:
beach of contract, duty; norms of equity
Justice as Fairness:
John Rawls’ Theory of Justice
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Rawls’ theory focuses:
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NOT on foreseeable results of an action;
NOT on right or wrong principles motivating
the action;
NOT on virtues of character, but
ON SOCIAL INSTUTITONS WITHIN
WHICH ACTIONS AND POLICIES ARE
DETERMINED
Justice as Fairness: John Rawls
Definition and Principles
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Justice is:
A virtue of social institutions, measured
by fairness in allocating benefits and
burdens, defined by two basic
principles:
 Liberty
 Difference

Justice as Fairness: John Rawls
Liberty
 Rawls’
“Liberty Principle”
“Each person participating in a practice
(or affected by it) has an equal right
to the most extensive liberty
compatible with a like liberty for all.”
Justice as Fairness: John Rawls
Difference
Rawls’ “Difference Principle”
Inequalities is goods are arbitrary unless
 It is reasonable to expect that they will
work to the advantage of the least
advantaged; and
 The positions and offices to which they
attach (or from which they may be
gained) are open to all, under conditions
of fair competition

Justice as Fairness: John Rawls
Least Advantaged
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Who are the “least advantaged”?
Those with lowest expectations for/
access to “primary goods” = “what
free and equal persons need as
citizens”
Justice as Fairness: John Rawls
Basic Goods

Rawls specifies five kinds of such goods:
1.
2.
3.
4.
Basic rights and liberties (freedom of
thought, liberty of conscience)
Freedom of movement, free choice of
occupation
Powers and prerogatives of offices &
positions of responsibility;
Income and wealth
Justice as Fairness: John Rawls
Basic Goods
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Rawls specifies five kinds of such goods:
5.
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Social bases for self-respect – “aspects of
basic institutions normally essential if
citizens are to have a lively sense of their
worth as persons & advance their ends with
self-confidence”.
Those who lack access these goods are
“least advantaged”
Justice as Fairness: John Rawls
Justifying Rawls’ Claims
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The “original position”: assume a group of
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Rational, self-interested individuals
Who know that there will be competition for
scarce resources;
But do not know what natural advantages or
disadvantages they will possess, or
What value beliefs or preferences will guide
them
Justice as Fairness: John Rawls
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Given these assumptions what principles
would these rational, self-interested
individuals choose to guide distribution of
benefits and burdens in their society?
Rawls claims that persons in this imaginary
“original position” would adopt versions of
the liberty and difference principles.