1. Rawls Theory of Justice
Online at: http://www.slideshare.net/hughbar/
Background (from Stanford Encylopedia)
Son of a lawyer (clearly affected style and
approach, 'case law' can feed back into higher
principles: reflective equilibrium)
Involved in war (fragility/capriciousness of fate:
see also Nussbaum)
2. Defining Features
Loosens tie beween moral and political, freer to argue and do
'society creation'
Like Plato, concerned with trying for 'justice'
Coherentist: (with evolving viewpoint) reflective equilbrium
following (internal?) debate
(according to him, but not to Nagel) Somewhat Kantian
(categorical imperative), 'big' general motor (the principles) to
power the rest
Contract-based, the 'original position' (but is this a 'virtual
contract' or thought experiment, sidesteps some criticims)
3. Defining Features 2
Optimistic:
Assumes rationality of individuals
Assumes inbuilt sense of justice of individuals
(I think, or just rationality)
Utopian (society/world building like Plato)
Wants to be 'optimal' (utilitarianism allows
inequalities/suffering in context of maximal
'happiness', see minimax:
https://en.wikipedia.org/wiki/Minimax)
4. Notes on Primary Reading 1
§1
Justice is the first virtue
But, immediately anti utilitarian/anti-'intuitionism'
Public conception justice motor of well-ordered human
association
Coordination, efficiency, flexiblity also necessary
Legal oration, to some extent
5. Notes on Primary Reading 2
§2
Social justice only (political, economic, social, this is
one of the 'controversies')
No reason to argue for all cases (private societies,
international cases later)
Start with ideal theory (Kantian), used to deal later
with detail problems
In principle, no pleonexia, anywhere in system even if
of benefit (anti-utilitarian, improve not invade)
6. Notes on Primary Reading 3
§3,4,11
Original position (the virtual contract)
Veil of Ignorance (thought experiment for the
'rational' to choose 'their' society)
Two principles arranged lexically
Not dealt with in detail, since this is bulk of the
Rawls lecture notes
7. Notes on Primary Reading 4
§24: Veil of ignorance, except of 'general facts about society'
(another difficulty, how much 'ignorance'?)
Justice should generate its own support (bootstrapping)
§25: Mutually disinterested rationality (sounds a bit like Ayn
Rand!)
§26
8. Criticisms 1
(IMO) Looser tie with ethics etc. I find that OK and sensible
Difference principle: Lots of people (well, philosophers) argue about
this, for example maximal inequality for minimal but slight
'improvement' (for example: current society? The Sheep Look Up)
Arguing sensibly about existing societies: Same problems as lots of
'contracts'
Neo-Platonists (!) Philosopher kings not included, some kind of
democracy is pre-baked into this
Nozick: Property rights not included, base freedoms abandoned at
outset (therefore, for him: probably unambitious and maximal)
Hayek: Doesn't believe in social justice at all (well what do you
expect)
Wolfe/economists etc. Granularity of share: assumed individual
persons
9. Criticisms 2
Are the natural and social primary goods OK? (Maslow?)
Mathematical arguments in §26 muddy the idea of justice
What are just institutions? (governance: consider the PACs,
superPACs and super-delegates in the US, for example)
Following Wolfe et al. Granularity of society, families, private
groups etc.
In general, value of community is ignored, about individuals
Supposing 'intuitionism' is 'right' (my pick)
Choice, birth and circumstance (key parts of advantage and
disadvantage