File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Exploring John Rawls' Theory of Justice: Principles of Fairness, Equality, and the Veil of Ignorance in Modern Political Thought

John Bordley Rawls was an American moral and political philosopher in the liberal tradition. Rawls is considered to be one of the most influential political philosophers of the 20thcentuary. He is recipient of the shock prize for logic and philosophy and the National humanities medal both in year 1999.He is best known for his political philosophical publication a Theory of Justice which got published in year 1971 in this book John Rawls brings forth the arguments in favor of a principled reconciliation of liberty and equality, which is meant to be the governing force behind the basic structure of an orderly society.

This argument is backed by inspiration taken from David Hume. Additionally, John Rawls also believed in the concept of justice as fairness. That means every person should be treated with fairness and recommends equal basic liberties, equal opportunities to similar individuals, and offering the highest possible benefits to the less advantaged member of the society.Rawls theory is is often described as a "liberal egalitarianism" because it combines the elements of both liberalism and egalitarianism.

Liberalism-Rawls theory emphasizes individual rights and freedoms, which are core values of liberalism. He argues that indivisual have a right to basic liberties, such as freedom of speech , assembly and religion.

Egalitarianism-Rawls also advocates for social and economic equality, which is a key tenet of egalitarianism. His difference principle ensures that social and economic inequalities benefit the least advantaged member of the society.

John Rawls ' theory was based on the concept of 'Veil of ignorance', which posits that individuals should make decisions about justice without knowing their own social or economic status. Rawls' Theory of justice has been influential in political philosophy and has been applied to a wide range of issues ,including economic , inequality, social justice, and international relations. His emphasis on fairness, equality, and protection of basic liberties has made his theory a cornerstone of contemporary political thought.

Rawl's Principle Of Justice

Rawls' thinks a just society will conform to rules that everyone would agree to in the original position. Since they are deliberating behind the veil of ignorance ,people don't know their personal circumstances, or even their view of the good life. This affects the kind of outcomes they will endorse: example, it would be irrational for deliberators to agree to a society where only Christians have property right since if, the veil is lifted, they turn out not to be Christians, that will negatively affect their life prospects. Similarly , deliberators presumably won't choose a society with racist , sexist , or other unfairly discriminatory practices, since beyond the veil , they might end up on the wrong side of these policies.

This gives rise to Rawls' first principle of justice:
All people have equal claims to as much freedom as is consistent with everyone else having the same level of freedom.

Rawls' further claims that, because their ignorance included an ignorance of probabilities, deliberators would be extremely cautious, and apply what he calls a ' maximin' principle , they will aim to ensure that the worst possible position they could end up in is as good as possible terms of primary goods.

If we imagine ourselves as deliberators, we might be tempted by the idea of total equality in primary good. This ensures, at least, that nobody will be better off than you for arbitrary reasons. However, some inequality might be useful : the possibility of earning more might incentivize people to work harder, growing the economy and so increasing the total amount of available wealth.

This is a wholehearted endorsement of capitalism , as Rawls' second principle , which addresses social and economic inequalities , makes clear. The second principle has two parts : first, people in the original position will tolerate inequalities only if the jobs that pay more arent't assigned unfairly. This gives us the idea of fair equality of opportunity: inequalities are allowed only if they arise through jobs that equal talented people have equal opportunities to get. This requires, for instance, that young people receive roughly equal educational opportunities, otherwise, a talented individual might be held back by a lack of basic knowledge , either about their own talents, or about the world.

Second, since their reasoning is governed by the 'maximin' principle ,deliberators will only tolerate inequalities that benefit the worst off , since as far as they know , they might be the worst off, this maximizes , the quality of their worst possible outcome , this is called the Difference Principle.

These principles are ordered , which tell us what to do if they clash, equal liberty is most important , then fair opportunity , and finally the difference principle , so , neither freedoms nor opportunity are governed by the difference principle.

Veil of ignorance:

The veil of ignorance is a central concept in John Rawls' theory of justice as fairness.It's a thought experiment designed to help us determine principles of justice that are fair and impartial. Imagine a group of people who are about to create a society. They are behind a veil of ignorance , meaning they do not know their own social or economic status, their talents, or their conception of the good.

From this position of ignorance , Rawls argues that people would choose principles of justice that would benefit everyone in society, regardless of their individual circumstances. This is because they would not want to risk being disadvantaged themselves. The veil of ignorance ensures that people are not biased by their own interests or prejudices when choosing principles of justice. It forces them to consider the needs and interests of everyone in society , including those who may be disadvantaged.

Principle of John Rawls' Theory of Justice:

John Rawls formulated two principles in his theory of justice: the Equality principle and the Difference principle.

Equality principle:

The Equality principle is a fundamental component of John Rawls' Theory of justice as fairness. It states that all individuals should have equal opportunities to achieve their goals , regardless of their social or economic background. This principle is based on the idea that everyone deserves to have a fair chance to succeed , regardless of their circumstances at birth. Rawls argues that this principle is essential for a just society , as it ensures that everyone has fair chance to develop their talents and contribute to society. By promoting equality of opportunity , Rawls aims to create a society that is both just and efficient.

Difference principle:

The Difference principle is another key component of John Rawls' theory of justice as fairness. It states that inequalities in society are only justified if they benefit the least advantaged members of society. This principle recognizes that some degree of inequality may be necessary in oerder to incentivize hard work and innovation. However, Rawls argues that inequalities are only acceptable if they serve to improve the lives of those who are most disadvantaged. In other words , the difference principle requires that the benefits of economic growth be distributed in a way that maximizes the well- being of the least advantaged members of society.

Criticism:
John Rawls' Theory of justice as fairness has faced significant criticism , particularly from those who argue that it prioritizes equality over individual liberty. Critics contended that Rawls' difference principle , which allows for inequalities if they benefit the least advantaged , can lead argue that Rawls' focus on primary goods , such as income ,wealth, and opportunities, may not adequately capture all relevant aspects of human well-being.

Furthermore, Rawls' Theory has been criticized for its reliance on a hypothetical thought experiment, the veil of ignorance, which may not accurately reflect the complexities of real-world decision-making, critics also argue that Rawls' theory may be too abstract and difficult to apply to specific policy issues. Despite these criticism, Rawls' theory remains a highly influential framework for thinking about justice and continues to be debated and discussed by philosophers , political scientists ,and policymakers.

Conclusion:
John Rawls' theory of justice as fairness offers a compelling framework for understanding the principles that should govern a just society. Through the thought experiment of veil of ignorance , Rawls argues that individuals would choose principles of justice that prioritize equality of opportunity and the protection of the least advantaged.His theory has had a profound influence on political philosophy and public policy , inspiring debates and shaping social justice movements.

While Rawls 'theory has faced criticisms, particularly regarding its emphasis on equality over individual liberty and its reliance on a hypothetical thought experiment, it continues to provide valuable insights into the complexities of justice. Rawls' work challenges us to consider the implications of our social and political choices and to strive for a more equitable and just society. By engaging with Rawls' theory , we can better understand the challenges and opportunities for creating a more just world.ds

Written By: Pooja Kashyap

Also Read:

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly