In his book, A Theory Of Justice, John Rawls asks us to imagine a fantastic scene: a group of people are gathered to plan their own future society, hammering out the details of what will basically become a Social Contract. Rawls calls this the “Original Position.” In the Original Position, the future citizens do not yet know what part they will play in their upcoming society. They must design their society behind what Rawls calls the Veil Of Ignorance.
“No one knows his place in society, his class position or social status; nor does he know his fortune in the distribution of natural assets and abilities, his intelligence and strength, and the like.”
Neither do the people know what type of society they will be entering. They do not know its culture, its economic situation, or political climate.
It is important for Rawls that the planners of this future society operate behind this Veil Of Ignorance, for as Rawls says, “if a man knew that he was wealthy, he might find it rational to advance the principle that various taxes for welfare measures be counted unjust; if he knew that he were poor, he would most likely propose the contrary principle. To represent the desired restrictions, one imagines a situation in which everyone is deprived of this sort of information.”
Rawls contends that if “rational persons concerned to advance their interests” found themselves in this type of Original Position, they would agree to a Social Contract in which there existed an equal distribution of liberties and social goods. As an illustration, he describes the following situation:
A group of people are presented a cake (that we assume they all desperately desire). One of them must slice the cake and divvy out the portions. What instructions will they give the man doing the slicing? Rawls says that they will tell the man slicing that he must take the last piece. By doing this, they assure the man will cut equal pieces, for this is the best way he can assure himself that he will get the largest share possible. If he were to cut uneven slices then the larger slices would already be picked when his turn came, and he would be left with the smallest slice.
[For a critique of Rawls’ philosophy, see: The Imperfect Justice Of John Rawls]
Similarly Rawls says that when the Original Position is behind a Veil Of Ignorance, the parties to the Social Contract being drawn up will want make certain that —no matter what physical, mental, economic, or social condition they wind up with in the coming society— they will get a fair share of the things they need to make for themselves a good life. Rawls calls these necessary things Primary Social Goods, and they include: 1) Rights and Liberties, 2) Powers and Opportunities, 3) Income and Wealth, and 4) conditions for Self-Respect.
These Primary Social Goods “are to be distributed equally unless an unequal distribution of any or all of these values is to everyone’s advantage.”
Rawls says that the parties to the Social Contract will eventually reason their way to a pair of fundamental laws that he calls the Two Principles Of Justice:
1st— each person will be given the most extensive basic liberties possible without intruding upon the liberties of others, and
2nd– there will be equal opportunity for everyone to climb the economic and/or social ladder and that any social or economic inequalities that are allowed must be arranged so that they improve the access to Primary Goods for the Least Advantaged.
For Rawls, of all the Primary Social Goods, the most important is Liberty. If there is a choice to be made between Liberty and some other social good, Liberty always takes precedence. This means that no one can be made to give up a single liberty merely for the sake of improving society’s Wealth, or Power, or Economic Efficiency, or Social Welfare– or even for greater Justice.
The one and only reason to restrict Liberty is for the sake of even greater Liberty. For instance, when Liberties interfere with each other, some Liberties may be limited (for example, your Liberty to play loud music might be limited so that your neighbors can gain the Liberty of getting a good night’s sleep). And even in this special case, where some Liberties are basically exchanged for others, Rawls says that the people who are having their Liberty restricted must agree to the imposition.
When Rawls speaks of Liberties, he has in mind several basic types:
* Political Liberty (the right to vote and to be eligible for public office)
* Freedom of Speech and Assembly
* Liberty of Conscience and Freedom of Thought
* Freedom Of The Person & the Right to Hold Personal Property, and
* Freedom from Arbitrary Arrest and Seizure
[Check out what Rawls’ greatest critic has to say… Robert Nozick: The Anti-Rawls]
Other Hammering Shield articles on A Theory Of Justice by John Rawls: