John Rawls' theory of justice proposes two fundamental principles that rational agents would choose behind a veil of ignorance: (1) Each person has an equal right to the most extensive scheme of equal basic liberties compatible with similar liberties for others, including political liberty, freedom of speech, liberty of conscience, freedom of thought, freedom from psychological oppression, right to hold personal property, and freedom from arbitrary arrest; (2) Social and economic inequalities are only just if they are reasonably expected to be to everyone's advantage and attached to positions and offices open to all. The first principle takes priority over the second, meaning no amount of social or economic benefit can justify violating basic liberties.
Rawls' Two Principles of Justice: A Theory of Justice Explained
Added:hi this is dr. Gregory Sadler I'm a professor of philosophy and the president and founder of an educational consulting company called reason IO where we put philosophy into practice I've studied and taught philosophy for over 20 years and I find that many people run into difficulties reading classic philosophical texts sometimes it's the way things are said or how the text is structured but the concepts themselves are not always that complicated and that's where I come in to help students and lifelong learners I've been producing longer lecture videos and posting them to youtube many viewers say they find them useful what you're currently watching is part of a new series of shorter videos each of them focused on one core concept from an important philosophical text I hope you find it useful as well in his book a theory of Justice John Rawls will identify two principles of justice that he takes to be at the core of the theory which he is offering as the correct one and as a guide not just for social and political theory but also in some other respects for for ethics more broadly speaking and he sets things up in such a way that we're going to arrive at these principles by engaging in a sort of thought experiment or hypothetical situation the original position or initial situation he calls it and and it's associated with this term the veil of ignorance and the basic idea is that we're deciding on fundamental principles that are going to govern the way society works and we're going to come to some sort of agreement together on them deliberatively rationally without knowing where we would end up in that society without knowing who we are going to be and Rawls thinks that if we enter into those sort of conditions we carry out this reasoning process in that way we're going to arrive inevitably at two really fundamental basic principles which then he articulates one is as he's going to call it early on equality and assignment of basic rights and duties and he'll flesh that out a little bit more and then the second is that inequalities are only just if they result in compensating benefits for all not for the aggregate of society so he was avoiding any sort of utilitarianism here as a matter of fact he explicitly rejects utilitarianism he's saying that inequalities if they're going to be just if they're going to be right if they're going to be acceptable have to provide benefits for everybody in that society so a little bit later in the the work in Chapter eleven he titles that two principles of justice and he he says I'm going to state in a provisional form these two principles that I believe would be agreed to in the original position and he tells us that the formulation of these is tentative so he's going to refine them a little bit more in the course of the book but these are in fact the articulations that most people who are working off of Rawls take to be essentially the the way to understand these so he says here's the way we can we can state these two principles the first he says each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others so that requires a little bit of unpacking but it's a fairly succinct formulation the second he says and this one has two different parts to it the second is that social and economic inequalities are to be arranged so that they are both there's the two conditions reasonably expected to be to everyone's advantage and to be at-at attached to positions and offices open to all so let's look at these initially and then we'll look at what Rawls actually has to say first each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others so obviously that that last part you can't have freedom to anything whatsoever like freedom to imprison your neighbor in the cellar for 20 years feeding them on apples and root vegetables or something like that that's ridiculous right because you're violating their freedom in that case and this is where we get into you know once we get away from the general principles when we get into the nitty-gritty it gets quite complex right I want to exercise my freedom to listen to my music at 3 o'clock in the morning and I live on a 10 acre plot my neighbors are kind of far away how loud can I have it cranked up you know we get into these sort of questions Rawls isn't concerned at this point in worrying about that but he knows that those those situations are going to arise sooner or later now equal right an equal right so not you know one person gets more than others to the most extensive scheme the widest possible scheme of equal basic liberties we can also call these equal rights so this is going to be pretty pretty expansive and you might say well man he sounds like a libertarian as we see he's actually gonna be opposed to that sort of view and it's gonna lead more towards Anna Galit arianism of sorts let's look at the second one now so like we pointed out it's got two different parts to it and it says that there there can be social and economic inequalities so you know it seems like there's there's going to be some tension here with the first but we're gonna see how these are reconciled social and economic inequalities can exist but they have to be of such a nature so that they're meeting these two conditions now that would mean society would have to have some basic rules governing these things it can't just well let any qualities grow and do whatever they're going to do social Darwinism Rawls would reject that sort of view right he would say no no we can have inequalities you can pay doctors more than you know street sweepers but you got to have some reasons for it so one of the reasons is it's reasonably expected to be to everyone's advantage now notice he doesn't say we know with a hundred percent certainty no reasonably expected reasonable people can get together and say you know if we don't pay doctors better there may be a few people who do it as a hobby or because they're you know drawn to that profession but we're probably going to have a crisis with medicine so it would be - everybody's advantage to actually have doctors be compensated more highly maybe not you know astronomically highly then we start getting into the specifics right now notice the other part and attach to physicians and offices open to all there has to be equal access equal opportunity if we're going to have inequalities they have to be attached to things that that really anybody within the society if they choose to say undergo the training or the licensing or whatever it's going to be that they could have access to it they aren't just simply being excluded so let's now look at how Rawls goes a little bit into detail about this and talking about the first principle he says that the basic liberties can be given by a list of these sorts of liberties these include political Liberty their right to vote and hold public office freedom of speech and assembly liberty of conscience that is to say no to things or to do things because you have formulated you know that it's the right thing to do freedom of thought freedom of the person he says which includes freedom from psychological oppression maybe say bullying or harassment and physical assault and dismemberment the right to hold personal property and freedom from arbitrary arrest and seizure he says all these liberties are to be equal by the first principle if you give them to one person you got to give them to everybody and you've got to observe them equally so you can't for example say well you know stop and frisk it really is is okay to do to people who are poor or people who have dark skin or people who look like they might be coming from the Middle East or or or or right all these sort of provisos if you're gonna do stop and frisk you gotta apply it to everybody equally because you're infringing on a you know some basic liberties freedom of arbitrary arrests and seizure you know perhaps freedom of thought depending on what they're expressing with what they're wearing and there's all sorts of things here probably a stop and frisk policy is not gonna pass rauzein rules but there's all sorts of other things that we can think about so you know holding personal property right should this be allowed yes Rawls says of course doesn't mean that I can do anything whatsoever I want with my property because that could infringe on the liberties of others what about the second one he says the second principle applies to the distribution of income and wealth and to the design of organizations that make use of differences in authority and responsibility so now we're getting to two things that are quite important he says well the distribution of wealth and income need not be equal it must be - everybody's Advaita that's a very telling point if you want to have a just society you can certainly have inequalities but those inequalities must work out to the advantage of everybody it's hard to see how in contemporary modern society the massive inequalities that we have actually work out well for say the homeless population or the working poor or even you know the middle class whatever that happens to be they seem to work out quite well for others and they would fail on Rawls's account in that case you could say well you know we need to encourage job creation and innovation and bringing products to market and all that ok if it's really to the advantage of everybody of everybody not just shareholders not just those who like getting the newest thing but to everybody you can make a case for that then you can have those inequalities but those still have to be open to anybody say then in that case entering the market right positions he says of authority and responsibility must be accessible to all one applies the second principle by holding positions open and then subject to this constraint arranges social and economic inequality so that everybody benefits now notice he doesn't just say economic inequalities he's also saying social inequalities how we treat people how we regard people this is a very important we want to be able to acknowledge the dignity of other human beings now he's going to go on and say that there's a priority between these two the first takes priority over the second and again when you when you hear that you might say ah yeah he he sounds like a libertarian in fact again it's it's not that case as he goes on he says that infringement of the basic equal liberties protected by the first principle cannot be justified or compensated for by the greater social and economic advantages these liberties have a central ray of application in which they could be limited and compromised only when they conflict with other basic liberties so he says for example liberties not on the list the right to own certain kinds of property for example means of production and freedom of contract is understood by the doctrine of lezzie fair these are not basic and are not protected by the priority of the first principle so he also says with regard to the second principle distribution of wealth and income and positions of authority and responsibility must be consistent with both the basic liberties and equality of opportunity and then he provides us with a sort of summary of how you can bring these two together he says all social values liberty and opportunity income and wealth and the social basis of self-respect are to be distributed equally unless an unequal distribution of any or all of these values is to everyone's advantage so again we we see that he's willing to countenance some inequality but you've got to be able to make a case that it is reasonably expected to be to the advantage of all not a merely rhetorical case about you know job creation or it's better to be paternalistic and not have people you know thinking for themselves or whatever you're going to do you you actually have to be able to make a strong case that the inequalities are going to be - everybody's advantage and so these two principles provide the skeleton of Rawls's egalitarian conception of justice this is applicable to any organization to any institution to any interaction between people provided we're thinking things through and it's definitely intended to provide overarching rules or a conception of justice for an entire society now most societies would fail these these rules which means that most societies are at least to some degree unjust and this would be helpful in telling us how and why and to what extent they're unjust and conversely for following Rawls's theory what we would need to do in order to move that society or organization or whatever it's going to be towards a more just condition so this is the two principles again right at the very center of Rawls's conception of justice derived by considering what rational people would do within a veil of ignorance in which they have to work out rules for everybody not knowing where they would end up in that society it would be rational Rawls says to choose these two different principles and to enforce them you
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