Rawls Original Position Phil

Basic Structure of Society:

"The way in which the major social institutions distribute fundamental rights and duties and determine the division of advantages from social cooperation. By major institutions I understand the political constitution and the principle economic and social arrangements."

Why the original position?

Corrects for biases due to morally irrelevant factors (because not under people's control) Promises possibility of well-ordered society Comes as close as possible to representing society as a voluntary scheme Models reciprocity aspired to after veil is lifted

Two Principles of Justice

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. Social and economic inequalities are to be arranged so that they are both reasonably expected to be to everyone's advantage, and attached to positions and offices open to all

The difference principle (2a)

Idea: "higher expectations of those better situated are just if and only if they work as part of a scheme which improves the expectations of the least advantaged members of society" Realizes some intent of principle of redress No one deserves greater natural capacity or favorable starting place Social system and scheme of distribution is a choice Expresses a conception of reciprocity Allows for advantages gained through competition

Parties in the original position:

Individuals with normal self-interest "Mutually disinterested": not concerned with others' interests Narrow conception of means-end rationality Non-egotistical, with a capacity for empathy (putting oneself in another's "shoes")

Reflective Equilibrium

A way of deciding what is the best philosophical theory (e.g., of ethics or politics) Contrast with science: no world independent of our ideas about which we could be systematically wrong Justification is a matter of coherence, not derivation from foundational propositions

Possible Alternatives

Adopt those rules and policies which lead to the greatest overall happiness. Adopt those rules and policies which lead to the greatest average happiness. Adopt rules and policies designed to promote certain goods or perfections. Adopt rules and policies designed to honor historical property claims at any cost.

Reasoning leading to 2 principles

OP calls for maximin strategy: rank alternatives by worst possible outcomes, and adopt the alternative the worst outcome of which is superior to others Why? No knowledge of probabilities, and choice of principles must seem reasonable to others, esp. Descendants. Conception guarantees a satisfactory minimum, where there may be little reason for trying to do better. Other strategies have possible outcomes that would be intolerable.

Separateness of Persons: Conceiving persons as free and equal means

People view themselves as equal to others Entitled to press their claims against the others See no reason to sacrifice themselves to bring about overall happiness

Basic Liberties

Political liberty (voting and office-holding) Freedom of speech and assembly Liberty of conscience and freedom of thought Freedom of the person along with right to personal property Freedom from arbitrary arrest and seizure

Original Position

Principles of justice chosen under "veil of ignorance". Parties do not know: Place in society Class position or social status Natural assets and abilities Conception of the good Psychological propensities

RE in Theory of Justice

Rawls motivates the Original Position by considered judgments about justice (p. 920) But he also invites us to consider it, and the principles it generates, in another way (p. 921) Do the principles match or extend our considered convictions about justice? If they don't, should we modify the account of the original position, or should we revise our judgements? Work back and forth until we reach a point where our principles and judgments coincide.

RE Procedure 2

Reflect on considered judgments and adjust them to make them coherent. A coherent set of judgments is in reflective equilibrium. The justification of individual beliefs within a set is stronger insofar as the set is more coherent.

Relating of the Two Principles

Serial ordering: "(I)nfringements of the basic liberties protected by the first principle cannot be justified, or compensated for, by greater social and economic advantages." Idea: Incompatible with conceiving oneself as free and equal to others that you would trade some economic or social benefit for these liberties.

RE Procedure 1

Take considered judgments at various levels A considered judgment is one held under ideal or near ideal conditions, e.g., no impulsivity or bias These judgments operate at different levels of generality: fundamental - respect human life general- murder (the killing of an innocent person) is wrong middle -euthanasia is wrong particular - it was not wrong for the doctor to prescribe a lethal dose to a terminal patient in great pain who requested it

well-ordered society

everyone accepts and knows that the others accept the same principles of justice The basic social institutions generally satisfy and are generally known to satisfy these principles