Justice as FairnessJustice as FairnessJohn RawlsJohn Rawls

PHL 110: ETHICSPHL 110: ETHICS

North Central North Central

CollegeCollege

Act, Consequence, Virtue Act, Consequence, Virtue and Justice: and Justice: Review: Review: Why is it wrong to Why is it wrong to lie?lie?

UtilitarianismUtilitarianism: because the (long-: because the (long-term) benefit (utility) for those term) benefit (utility) for those affected by the lie is less than the affected by the lie is less than the cost.cost.

Act, Consequence, Virtue Act, Consequence, Virtue and Justice: and Justice:

Review: W Review: Why is it wrong to hy is it wrong to lie?lie?

Kant’s deontologyKant’s deontology

You can You can not universalizenot universalize a rule such as a rule such as

“Always lie when it is to your advantage”;“Always lie when it is to your advantage”; The rule “I have a right to decide when to The rule “I have a right to decide when to

tell the truth or lie” treats others tell the truth or lie” treats others as meansas means to your goals, not ends in themselves.to your goals, not ends in themselves.

Act, Consequence, Virtue Act, Consequence, Virtue and Justice: and Justice:

Review: W Review: Why is it wrong to hy is it wrong to lie?lie?

Virtue ethicsVirtue ethics:: practice of veracity and honesty as practice of veracity and honesty as

virtues allows persons to discern virtues allows persons to discern discretiondiscretion = the = the meanmean between between falseness and transparency, falseness and transparency, relative to persons and situations.relative to persons and situations.

Justice and Ethical NormsJustice and Ethical Norms Ideas of justice expand the context of Ideas of justice expand the context of

wrongs beyond individual interactions wrongs beyond individual interactions to society as a whole:to society as a whole: ““Society,” as well as individuals, is said to Society,” as well as individuals, is said to

be wronged by crime when crime is be wronged by crime when crime is unpunished;unpunished;

““Society,” as well as individuals - is said Society,” as well as individuals - is said to be harmed when tort injuries to to be harmed when tort injuries to individuals or groups are not redressed by individuals or groups are not redressed by law.law.

TypesTypes of Justice of Justice

Distributive justiceDistributive justice: basis for (justification : basis for (justification of) pattern of resource distribution in a of) pattern of resource distribution in a society; i.e. norms of fairnesssociety; i.e. norms of fairness

Retributive justiceRetributive justice: basis for classifying : basis for classifying wrongs as crimes, determining guilt, wrongs as crimes, determining guilt, norms of punishmentnorms of punishment

Resistive justiceResistive justice: compensation for injury: : compensation for injury: beach of contract, duty; norms of equitybeach of contract, duty; norms of equity

Justice as Fairness: Justice as Fairness: John Rawls’ Theory of JusticeJohn Rawls’ Theory of Justice

Rawls’ theory focuses:Rawls’ theory focuses: NOTNOT on on foreseeable resultsforeseeable results of an action; of an action; NOTNOT on on right or wrong principlesright or wrong principles

motivating the action;motivating the action; NOTNOT on on virtues of charactervirtues of character, but, but

ON SOCIAL INSTUTITONS WITHIN ON SOCIAL INSTUTITONS WITHIN WHICH ACTIONS AND POLICIES ARE WHICH ACTIONS AND POLICIES ARE DETERMINEDDETERMINED

Justice as Fairness: John Justice as Fairness: John RawlsRawls

Definition and PrinciplesDefinition and Principles Justice is:Justice is:

A virtue A virtue of social institutionsof social institutions, , measured by measured by fairnessfairness in in allocating allocating benefits and burdensbenefits and burdens, defined by , defined by two basic principles:two basic principles:

LibertyLiberty DifferenceDifference

Justice as Fairness: John RawlsJustice as Fairness: John RawlsLibertyLiberty

Rawls’ “Liberty Principle”Rawls’ “Liberty Principle”““Each person participating in a Each person participating in a

practice (or affected by it) has an practice (or affected by it) has an equal right to the most extensive equal right to the most extensive liberty compatible with a like liberty compatible with a like liberty for all.”liberty for all.”

Justice as Fairness: John RawlsJustice as Fairness: John RawlsDifferenceDifference

Rawls’ “Difference Principle”Rawls’ “Difference Principle”InequalitiesInequalities is goods are is goods are arbitraryarbitrary

unlessunless It is reasonable to expect that they It is reasonable to expect that they

will will work to the advantage of the work to the advantage of the least advantagedleast advantaged; and; and

The The positionspositions and offices to which and offices to which they attach (or from which they may they attach (or from which they may be gained) are be gained) are open to all, under open to all, under conditions of fair competitionconditions of fair competition

Justice as Fairness: John RawlsJustice as Fairness: John RawlsLeast AdvantagedLeast Advantaged

Who are the “least advantaged”?Who are the “least advantaged”?

Those with lowest expectations Those with lowest expectations for/ access to “for/ access to “primary goodsprimary goods” = ” = “what free and equal persons “what free and equal persons need as citizens”need as citizens”

Justice as Fairness: John RawlsJustice as Fairness: John RawlsBasic GoodsBasic Goods

Rawls specifies five kinds of such Rawls specifies five kinds of such goods:goods:

1.1. Basic rights and liberties (freedom of Basic rights and liberties (freedom of thought, liberty of conscience)thought, liberty of conscience)

2.2. Freedom of movement, free choice of Freedom of movement, free choice of occupationoccupation

3.3. Powers and prerogatives of offices & Powers and prerogatives of offices & positions of responsibility;positions of responsibility;

4.4. Income and wealthIncome and wealth

Justice as Fairness: John RawlsJustice as Fairness: John RawlsBasic GoodsBasic Goods

Rawls specifies five kinds of such Rawls specifies five kinds of such goods:goods:

5.5. Social bases for self-respectSocial bases for self-respect – “aspects – “aspects of basic institutions normally essential if of basic institutions normally essential if citizens are to have a lively sense of citizens are to have a lively sense of their worth as persons & advance their their worth as persons & advance their ends with self-confidence”.ends with self-confidence”.

Those who lack access these goods Those who lack access these goods are “least advantaged”are “least advantaged”

Justice as Fairness: John RawlsJustice as Fairness: John RawlsJustifying Rawls’ ClaimsJustifying Rawls’ Claims

The “original position”: assume a group The “original position”: assume a group ofof Rational, self-interested individualsRational, self-interested individuals Who know that there will be competition for Who know that there will be competition for

scarce resources;scarce resources; But But do not knowdo not know what what natural advantagesnatural advantages

or or disadvantagesdisadvantages they will possess, they will possess, oror What What value beliefsvalue beliefs or preferences will guide or preferences will guide

themthem

Justice as Fairness: John Justice as Fairness: John RawlsRawls

Given these assumptions what Given these assumptions what principlesprinciples would these rational, self-interested would these rational, self-interested individuals choose to guide individuals choose to guide distribution distribution of benefits and burdensof benefits and burdens in their society? in their society?

Rawls claims that persons in this Rawls claims that persons in this imaginary “original position” would imaginary “original position” would adopt adopt versions of the liberty and versions of the liberty and difference principlesdifference principles..