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A Theory of Justice

A Theory of Justice, published by John Rawls in 1971, stands as one of the most significant works of 20th-century political and moral philosophy. Rawls's primary objective is to present a systematic, contractarian alternative to utilitarianism (the doctrine that seeks the maximization of overall general happiness) and to establish the principles of justice that ought to govern a well-ordered democratic society, which he calls "justice as fairness."

The Original Position and the Veil of Ignorance

Rawls revives the social contract tradition (associated with Locke, Rousseau, and Kant) but introduces a critical innovation: the Original Position. This is a hypothetical thought experiment where free and equal individuals gather to choose the basic principles for their society's governance. A key feature of this scenario is the Veil of Ignorance . The Veil ensures impartiality by obscuring the contracting parties' specific characteristics—such as their social class, ethnicity, intelligence, wealth, talents, and even their particular conceptions of the good life. By being blinded to their personal standing, the parties are compelled to choose principles that would be fair to everyone, as they cannot know which position they will occupy in the actual society.

The Two Principles of Justice

Operating under the Veil of Ignorance and motivated by rationality (and a desire to avoid the worst possible outcome, known as the maximin rule), Rawls argues that the parties would ultimately choose two principles of justice in a specific order of priority (lexical priority):

1. The Liberty Principle (First Principle): 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. This principle guarantees fundamental civil and political rights (like freedom of expression, voting rights, and liberty of conscience).

2. The Difference Principle and Fair Equality of Opportunity (Second Principle): Social and economic inequalities are permissible only if they satisfy two conditions. The first condition is Fair Equality of Opportunity, meaning that offices and positions must be open to all under conditions that ensure everyone has a genuine, equal chance to attain them. The second condition is the Difference Principle, which states that any existing inequalities must be arranged so they are to the greatest benefit of the least advantaged members of society.

The First Principle has strict priority over the Second Principle, meaning basic liberties cannot be compromised for socio-economic gains. Furthermore, Fair Equality of Opportunity takes precedence over the Difference Principle. Rawls concludes that a truly just society is one where the fundamental structure of its institutions adheres to these two principles, ensuring that the benefits of social cooperation are distributed equitably, recognizing that this is not necessarily the same as equally.