SlideShare a Scribd company logo
1 of 8
THEORIES OF JUSTICE:
JOHN RAWLS & AMARTYA SEN'S THEORY
- Kirti Rashmi
TOPICS TO BE COVERED:
• John Rawls Theory
• Amartya Sen’s Theory
• Conclusion
JOHN RAWLS THEORY OF JUSTICE
Key Words: Original Position, Veil of Ignorance, Justice as Fairness, Just Society, Maximin Principle, Principle of Equal
Liberty, Principle of Fair Equality of Opportunity and Difference Principle
John Rawls (1921-2002): Harvard philosopher
• According to him some people are more powerful and wealthier than others, so they are a part of social majority. If they
dominate negotiations because of these qualities then it’ll be moral arbitrariness and wrong. Because Rawls believed that
they have not earned these advantages rather they get them by luck. And so for anyone using these unearned advantages to
their own benefit will cause unfairness and injustice to many. Thus, he conceived JUSTICE AS FAIRNESS.
• To identify fairness, he developed two concepts: ORIGINAL POSITION and VIEL OF IGNORANCE.
Original Position is a hypothetical situation where Rawls asks, what social rules and institutions people would agree to, not in
actual situation but under fair conditions that is, where nobody knows whether they are advantaged by luck or about their moral
arbitrary features like economic, social, political or religious status. He termed it as veil of ignorance. If this veil is lifted they
mightend upon wrong side or they might choose any rule arbitrarily. Therefore it was necessary to achieve fairness.
• But in reality they aren’t ignorant about everything and are self interested. Therefore, they will end up choosing in a way
that even the worst possible position they could end up with is as good as possible. This is what is termed by Rawls as
MAXIMIN PRINCIPLE.
JUST SOCIETY is created through original position, veil of ignorance and maximin principle.
RAWLS PRINCIPLE OF JUSTICE AS FAIRNESS
1) Principle of Equal Liberty: All people have equal claims to as freedom as is consistent with everyone else having the same
level of freedom.
2) Maximin Principle.
3) Fair equality of opportunity: People in original position will tolerate inequalities only if jobs that pay more are assigned
fairly.
4) Difference Principle: they will tolerate inequalities which might be the worst off but it maximizes the quality of their worst
possible outcomes.
CRTICISM:
1. Some inequality might be useful for growth of economy and wealth available.
2. Inequality of opportunity is inevitable.
3. People have some basic rights and liberties which cannot be overridden for common good.
4. Uniform distribution of resources cannot be attained as someone can earn more resources fairly.
5. It is silent on other forms of injustices like race, healthcare, etc.
6. Confused fairness with equality.
ILLUSTRATION
A is in Original Position where he does not have anything. Also, he does not know how much of cake he will get. B
dictates to A that he can divide it in a way he wishes but he cannot choose his share. A divides it equally so that
even in the worst possible outcome he will get equal share (maximin principle). Thus, everyone gets equal portion,
fairness is achieved and just society is established.
AMARTYA SEN’S THEORY OF JUSTICE
• Key Words: Realization focused comparative approach against Transcendental Institutionalism.
Amartya Sen in his book ‘The Idea Of Justice’ presented a critique and revision of John Rawls method of transcendental
institutionalism in contrast to his own comparative approach.
1. Justice is matter of comparative evaluation: Sen makes a radical break with the traditional notion of a rational economic
man as motivated mainly by self interest. He asserts that human beings are as concerned with eliminating remediable
injustices as they are with pursuing their own self interest. Thus, they have the innate desire and so ideal institutions are
not needed to inculcate sense of fairness into them. Public reason, open discussion and rational argument puts to rest
different ideologies regarding justice and enable people to come to one notion through comparative evaluation. Thus,
justice is a matter of comparative evaluation.
2. Abstract ideal of justice is not needed: According to Sen, we can compare the level of justice in to two institutions and
come to a meaningful conclusion without posting an ideal or transcendental ideal of justice. Plus, even if characterization
of spotless justice can emerge, it would not entail any clarity about how departure from that spotlessness would be
compared and ranked. He created a parable to explain this. A person can find Monalisa to be beautiful but it does not
reveal anything about how he would rank a Picasso against Van Gogh. Again this is not even necessary because both have
their own features.
3. Justice should be seen through the eyes of independent spectator: Influenced by Adam Smith believes that an independent
spectator can be used to compare the justness. He explains this through another parable.
ILLUSTRATION
Now thinkers of all political hues would agree that justice means equality. But the questions is equality of what? And in
this given situation how it’ll be realized?
A says he should get the flute because he knows how to play,B says she should get the flute because he dont have any and
C says he should have that flute because he has made it,
This story attracts three issues: 1. Principle of utility (A)
2. Principle of Economic equity (C)
3. Entitlement to the fruits of one’s unaided efforts (B)
This cannot be solved through Original Positional as all three children would not in any case agree to same rule. Further as
per Rawls equality cannot be done here to ensure fairness as the flute cannot be broken down to be distributed. There Sen
critised Rawls.
CONCLUSION
To conclude the meaning of justice has different connotations. It can be equitableness and fairness as per
Rawls or impartial reasoning as per Amartya Sen.
Any Questions?
Thank You

More Related Content

What's hot

Judicial activism
Judicial activismJudicial activism
Judicial activismShallyRana2
 
Rules of statutory Interpretation
Rules of statutory Interpretation Rules of statutory Interpretation
Rules of statutory Interpretation sundarsasane
 
Administration of justice
Administration of justiceAdministration of justice
Administration of justiceSuvam Sinha
 
Law and classification of law
Law and classification of lawLaw and classification of law
Law and classification of lawIshtiakH0ssain
 
Law as an instrument of social change | Law and Social Transformation
Law as an instrument of social change | Law and Social TransformationLaw as an instrument of social change | Law and Social Transformation
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
 
Law of Crimes-I ( LLB -205)
 Law of Crimes-I  ( LLB -205)  Law of Crimes-I  ( LLB -205)
Law of Crimes-I ( LLB -205) cpjcollege
 
Human Rights Law
Human Rights LawHuman Rights Law
Human Rights Lawcpjcollege
 
Schools of Criminology
Schools of CriminologySchools of Criminology
Schools of CriminologyVelika D'Souza
 
Jurisprudence ppt
Jurisprudence pptJurisprudence ppt
Jurisprudence pptRahul Gaur
 
Schools of criminology
Schools of criminologySchools of criminology
Schools of criminologyWARIFVACIM
 
Competition act
Competition actCompetition act
Competition actbogus_mk
 
Introduction to Jurisprudence
Introduction to JurisprudenceIntroduction to Jurisprudence
Introduction to Jurisprudencecarolineelias239
 
The Competition Act, India
The Competition Act, IndiaThe Competition Act, India
The Competition Act, IndiaNeha Kumar
 
INDIAN LEGAL SYSTEM
INDIAN LEGAL SYSTEM INDIAN LEGAL SYSTEM
INDIAN LEGAL SYSTEM sandhyakrish2
 
Development Of Common Law
Development Of Common LawDevelopment Of Common Law
Development Of Common Lawthorogl01
 

What's hot (20)

Judicial activism
Judicial activismJudicial activism
Judicial activism
 
Theory of justice
Theory of justiceTheory of justice
Theory of justice
 
Rules of statutory Interpretation
Rules of statutory Interpretation Rules of statutory Interpretation
Rules of statutory Interpretation
 
Administration of justice
Administration of justiceAdministration of justice
Administration of justice
 
Law and classification of law
Law and classification of lawLaw and classification of law
Law and classification of law
 
Chapter # 3
Chapter # 3Chapter # 3
Chapter # 3
 
Law as an instrument of social change | Law and Social Transformation
Law as an instrument of social change | Law and Social TransformationLaw as an instrument of social change | Law and Social Transformation
Law as an instrument of social change | Law and Social Transformation
 
Law of Crimes-I ( LLB -205)
 Law of Crimes-I  ( LLB -205)  Law of Crimes-I  ( LLB -205)
Law of Crimes-I ( LLB -205)
 
Human Rights Law
Human Rights LawHuman Rights Law
Human Rights Law
 
Collegium System of India
Collegium System of IndiaCollegium System of India
Collegium System of India
 
Analytical school of Jurisprudence
Analytical school of JurisprudenceAnalytical school of Jurisprudence
Analytical school of Jurisprudence
 
Adr
AdrAdr
Adr
 
Schools of Criminology
Schools of CriminologySchools of Criminology
Schools of Criminology
 
Jurisprudence ppt
Jurisprudence pptJurisprudence ppt
Jurisprudence ppt
 
Schools of criminology
Schools of criminologySchools of criminology
Schools of criminology
 
Competition act
Competition actCompetition act
Competition act
 
Introduction to Jurisprudence
Introduction to JurisprudenceIntroduction to Jurisprudence
Introduction to Jurisprudence
 
The Competition Act, India
The Competition Act, IndiaThe Competition Act, India
The Competition Act, India
 
INDIAN LEGAL SYSTEM
INDIAN LEGAL SYSTEM INDIAN LEGAL SYSTEM
INDIAN LEGAL SYSTEM
 
Development Of Common Law
Development Of Common LawDevelopment Of Common Law
Development Of Common Law
 

Similar to Theories of justice

Theory of justice
Theory of justiceTheory of justice
Theory of justiceNits Kedia
 
12. musngi, whendell theory of justice
12. musngi, whendell theory of justice12. musngi, whendell theory of justice
12. musngi, whendell theory of justiceAgah Pentecostes
 
Welfare Liberalism by John Rawls
Welfare Liberalism by John RawlsWelfare Liberalism by John Rawls
Welfare Liberalism by John RawlsPatrick Aboku
 
Truth and Citizenship - towards an ecology of disability rights
Truth and Citizenship - towards an ecology of disability rightsTruth and Citizenship - towards an ecology of disability rights
Truth and Citizenship - towards an ecology of disability rightsCitizen Network
 
THE CHAIN IS AS STRONG AS ITS WEAKEST LINK
THE CHAIN IS AS STRONG AS ITS WEAKEST LINKTHE CHAIN IS AS STRONG AS ITS WEAKEST LINK
THE CHAIN IS AS STRONG AS ITS WEAKEST LINKShivani Sharma
 
Social justice report in ethics
Social justice report in ethicsSocial justice report in ethics
Social justice report in ethicsMelvs Garcia
 
John rawls
John rawlsJohn rawls
John rawlsA B
 
Term Paper Final Draft
Term Paper Final DraftTerm Paper Final Draft
Term Paper Final DraftLondon Graves
 

Similar to Theories of justice (13)

Justice
JusticeJustice
Justice
 
John rawls
John rawlsJohn rawls
John rawls
 
JUSTICE.pptx
JUSTICE.pptxJUSTICE.pptx
JUSTICE.pptx
 
Theory of justice
Theory of justiceTheory of justice
Theory of justice
 
EE
EEEE
EE
 
12. musngi, whendell theory of justice
12. musngi, whendell theory of justice12. musngi, whendell theory of justice
12. musngi, whendell theory of justice
 
Welfare Liberalism by John Rawls
Welfare Liberalism by John RawlsWelfare Liberalism by John Rawls
Welfare Liberalism by John Rawls
 
Truth and Citizenship - towards an ecology of disability rights
Truth and Citizenship - towards an ecology of disability rightsTruth and Citizenship - towards an ecology of disability rights
Truth and Citizenship - towards an ecology of disability rights
 
THE CHAIN IS AS STRONG AS ITS WEAKEST LINK
THE CHAIN IS AS STRONG AS ITS WEAKEST LINKTHE CHAIN IS AS STRONG AS ITS WEAKEST LINK
THE CHAIN IS AS STRONG AS ITS WEAKEST LINK
 
G6 rawlsi
G6 rawlsiG6 rawlsi
G6 rawlsi
 
Social justice report in ethics
Social justice report in ethicsSocial justice report in ethics
Social justice report in ethics
 
John rawls
John rawlsJohn rawls
John rawls
 
Term Paper Final Draft
Term Paper Final DraftTerm Paper Final Draft
Term Paper Final Draft
 

More from New law College, Bharti Vidyapeeth University (6)

Article 13: Fundamental Rights
Article 13: Fundamental RightsArticle 13: Fundamental Rights
Article 13: Fundamental Rights
 
Concept of Administrative law
Concept of Administrative lawConcept of Administrative law
Concept of Administrative law
 
Intoduction to Constitution
Intoduction to ConstitutionIntoduction to Constitution
Intoduction to Constitution
 
Hypothesis
HypothesisHypothesis
Hypothesis
 
Administrative relationship between centre and state
Administrative relationship between centre and stateAdministrative relationship between centre and state
Administrative relationship between centre and state
 
Wealth tax act 1957
Wealth tax act 1957Wealth tax act 1957
Wealth tax act 1957
 

Recently uploaded

如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书Fir L
 
如何办理(Rice毕业证书)莱斯大学毕业证学位证书
如何办理(Rice毕业证书)莱斯大学毕业证学位证书如何办理(Rice毕业证书)莱斯大学毕业证学位证书
如何办理(Rice毕业证书)莱斯大学毕业证学位证书SD DS
 
Why Every Business Should Invest in a Social Media Fraud Analyst.pdf
Why Every Business Should Invest in a Social Media Fraud Analyst.pdfWhy Every Business Should Invest in a Social Media Fraud Analyst.pdf
Why Every Business Should Invest in a Social Media Fraud Analyst.pdfMilind Agarwal
 
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书Sir Lt
 
如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书
如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书
如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书FS LS
 
QUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptx
QUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptxQUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptx
QUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptxnibresliezel23
 
PPT on information technology laws description
PPT on information technology laws descriptionPPT on information technology laws description
PPT on information technology laws descriptionranaanish11062001
 
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一st Las
 
Arbitration, mediation and conciliation in India
Arbitration, mediation and conciliation in IndiaArbitration, mediation and conciliation in India
Arbitration, mediation and conciliation in IndiaNafiaNazim
 
如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书
如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书
如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书Fir L
 
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝soniya singh
 
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书SD DS
 
国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》
国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》
国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》o8wvnojp
 
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptxConstitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptxsrikarna235
 
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书Fir L
 
如何办理佛蒙特大学毕业证学位证书
 如何办理佛蒙特大学毕业证学位证书 如何办理佛蒙特大学毕业证学位证书
如何办理佛蒙特大学毕业证学位证书Fir sss
 
一比一原版牛津布鲁克斯大学毕业证学位证书
一比一原版牛津布鲁克斯大学毕业证学位证书一比一原版牛津布鲁克斯大学毕业证学位证书
一比一原版牛津布鲁克斯大学毕业证学位证书E LSS
 

Recently uploaded (20)

如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书如何办理美国波士顿大学(BU)毕业证学位证书
如何办理美国波士顿大学(BU)毕业证学位证书
 
如何办理(Rice毕业证书)莱斯大学毕业证学位证书
如何办理(Rice毕业证书)莱斯大学毕业证学位证书如何办理(Rice毕业证书)莱斯大学毕业证学位证书
如何办理(Rice毕业证书)莱斯大学毕业证学位证书
 
Why Every Business Should Invest in a Social Media Fraud Analyst.pdf
Why Every Business Should Invest in a Social Media Fraud Analyst.pdfWhy Every Business Should Invest in a Social Media Fraud Analyst.pdf
Why Every Business Should Invest in a Social Media Fraud Analyst.pdf
 
Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
 
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书 如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
如何办理(MSU文凭证书)密歇根州立大学毕业证学位证书
 
如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书
如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书
如何办理密德萨斯大学毕业证(本硕)Middlesex学位证书
 
QUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptx
QUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptxQUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptx
QUASI-JUDICIAL-FUNCTION AND QUASI JUDICIAL AGENCY.pptx
 
PPT on information technology laws description
PPT on information technology laws descriptionPPT on information technology laws description
PPT on information technology laws description
 
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
 
Arbitration, mediation and conciliation in India
Arbitration, mediation and conciliation in IndiaArbitration, mediation and conciliation in India
Arbitration, mediation and conciliation in India
 
如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书
如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书
如何办理美国加州大学欧文分校毕业证(本硕)UCI学位证书
 
Old Income Tax Regime Vs New Income Tax Regime
Old  Income Tax Regime Vs  New Income Tax   RegimeOld  Income Tax Regime Vs  New Income Tax   Regime
Old Income Tax Regime Vs New Income Tax Regime
 
young Call Girls in Pusa Road🔝 9953330565 🔝 escort Service
young Call Girls in  Pusa Road🔝 9953330565 🔝 escort Serviceyoung Call Girls in  Pusa Road🔝 9953330565 🔝 escort Service
young Call Girls in Pusa Road🔝 9953330565 🔝 escort Service
 
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
Model Call Girl in Haqiqat Nagar Delhi reach out to us at 🔝8264348440🔝
 
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
如何办理(Curtin毕业证书)科廷科技大学毕业证学位证书
 
国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》
国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》
国外大学毕业证《奥克兰大学毕业证办理成绩单GPA修改》
 
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptxConstitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
Constitutional Values & Fundamental Principles of the ConstitutionPPT.pptx
 
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
如何办理普利茅斯大学毕业证(本硕)Plymouth学位证书
 
如何办理佛蒙特大学毕业证学位证书
 如何办理佛蒙特大学毕业证学位证书 如何办理佛蒙特大学毕业证学位证书
如何办理佛蒙特大学毕业证学位证书
 
一比一原版牛津布鲁克斯大学毕业证学位证书
一比一原版牛津布鲁克斯大学毕业证学位证书一比一原版牛津布鲁克斯大学毕业证学位证书
一比一原版牛津布鲁克斯大学毕业证学位证书
 

Theories of justice

  • 1. THEORIES OF JUSTICE: JOHN RAWLS & AMARTYA SEN'S THEORY - Kirti Rashmi
  • 2. TOPICS TO BE COVERED: • John Rawls Theory • Amartya Sen’s Theory • Conclusion
  • 3. JOHN RAWLS THEORY OF JUSTICE Key Words: Original Position, Veil of Ignorance, Justice as Fairness, Just Society, Maximin Principle, Principle of Equal Liberty, Principle of Fair Equality of Opportunity and Difference Principle John Rawls (1921-2002): Harvard philosopher • According to him some people are more powerful and wealthier than others, so they are a part of social majority. If they dominate negotiations because of these qualities then it’ll be moral arbitrariness and wrong. Because Rawls believed that they have not earned these advantages rather they get them by luck. And so for anyone using these unearned advantages to their own benefit will cause unfairness and injustice to many. Thus, he conceived JUSTICE AS FAIRNESS. • To identify fairness, he developed two concepts: ORIGINAL POSITION and VIEL OF IGNORANCE. Original Position is a hypothetical situation where Rawls asks, what social rules and institutions people would agree to, not in actual situation but under fair conditions that is, where nobody knows whether they are advantaged by luck or about their moral arbitrary features like economic, social, political or religious status. He termed it as veil of ignorance. If this veil is lifted they mightend upon wrong side or they might choose any rule arbitrarily. Therefore it was necessary to achieve fairness. • But in reality they aren’t ignorant about everything and are self interested. Therefore, they will end up choosing in a way that even the worst possible position they could end up with is as good as possible. This is what is termed by Rawls as MAXIMIN PRINCIPLE. JUST SOCIETY is created through original position, veil of ignorance and maximin principle.
  • 4. RAWLS PRINCIPLE OF JUSTICE AS FAIRNESS 1) Principle of Equal Liberty: All people have equal claims to as freedom as is consistent with everyone else having the same level of freedom. 2) Maximin Principle. 3) Fair equality of opportunity: People in original position will tolerate inequalities only if jobs that pay more are assigned fairly. 4) Difference Principle: they will tolerate inequalities which might be the worst off but it maximizes the quality of their worst possible outcomes. CRTICISM: 1. Some inequality might be useful for growth of economy and wealth available. 2. Inequality of opportunity is inevitable. 3. People have some basic rights and liberties which cannot be overridden for common good. 4. Uniform distribution of resources cannot be attained as someone can earn more resources fairly. 5. It is silent on other forms of injustices like race, healthcare, etc. 6. Confused fairness with equality.
  • 5. ILLUSTRATION A is in Original Position where he does not have anything. Also, he does not know how much of cake he will get. B dictates to A that he can divide it in a way he wishes but he cannot choose his share. A divides it equally so that even in the worst possible outcome he will get equal share (maximin principle). Thus, everyone gets equal portion, fairness is achieved and just society is established.
  • 6. AMARTYA SEN’S THEORY OF JUSTICE • Key Words: Realization focused comparative approach against Transcendental Institutionalism. Amartya Sen in his book ‘The Idea Of Justice’ presented a critique and revision of John Rawls method of transcendental institutionalism in contrast to his own comparative approach. 1. Justice is matter of comparative evaluation: Sen makes a radical break with the traditional notion of a rational economic man as motivated mainly by self interest. He asserts that human beings are as concerned with eliminating remediable injustices as they are with pursuing their own self interest. Thus, they have the innate desire and so ideal institutions are not needed to inculcate sense of fairness into them. Public reason, open discussion and rational argument puts to rest different ideologies regarding justice and enable people to come to one notion through comparative evaluation. Thus, justice is a matter of comparative evaluation. 2. Abstract ideal of justice is not needed: According to Sen, we can compare the level of justice in to two institutions and come to a meaningful conclusion without posting an ideal or transcendental ideal of justice. Plus, even if characterization of spotless justice can emerge, it would not entail any clarity about how departure from that spotlessness would be compared and ranked. He created a parable to explain this. A person can find Monalisa to be beautiful but it does not reveal anything about how he would rank a Picasso against Van Gogh. Again this is not even necessary because both have their own features. 3. Justice should be seen through the eyes of independent spectator: Influenced by Adam Smith believes that an independent spectator can be used to compare the justness. He explains this through another parable.
  • 7. ILLUSTRATION Now thinkers of all political hues would agree that justice means equality. But the questions is equality of what? And in this given situation how it’ll be realized? A says he should get the flute because he knows how to play,B says she should get the flute because he dont have any and C says he should have that flute because he has made it, This story attracts three issues: 1. Principle of utility (A) 2. Principle of Economic equity (C) 3. Entitlement to the fruits of one’s unaided efforts (B) This cannot be solved through Original Positional as all three children would not in any case agree to same rule. Further as per Rawls equality cannot be done here to ensure fairness as the flute cannot be broken down to be distributed. There Sen critised Rawls.
  • 8. CONCLUSION To conclude the meaning of justice has different connotations. It can be equitableness and fairness as per Rawls or impartial reasoning as per Amartya Sen. Any Questions? Thank You