Rawls and the Left: Some Left Critiques of Rawls’ Principles of Justice

1980 ◽  
Vol 2 (1) ◽  
Author(s):  
Kai Nielsen

AbstractThis is an examination of some Left critiques of Rawls. Stress is put, not on his underlying moral methodology, including his contractarianism, though surely there is need for such a critique as well, but on an examination of his principles of justice, particularly his equal liberty principle and his difference principle. This is often thought to be the heart of his theory. It is argued that Rawls’ asociological and ahistorical approach and his ignoring of questions of power and of ideology and his lack of an adequate conceptualization of liberty lead to major distortions in his account. Both principles are shown to be problematic and the equal liberty principle is shown to be in conflict with the difference principle.

Author(s):  
Robert A. Schultz

As we saw from the last two chapters, the ethical IT professional is embedded in contexts of management, organization, and society. Ethical behavior for the IT professional is, therefore, impacted by the ethics of people and institutions in his or her environment. The primary term for ethical institutions is justice.1 In the next three chapters, we will examine the justice of institutions impacting the IT professional. The framework used will be that provided by the works of John Rawls (1999, 2001). Rawls’ work is based on the idea of a social contract, that a justly ordered society is one to which individuals can freely decide to obligate themselves. But our decision will very likely be biased if we base it on our current situation. So Rawls’ major addition is to say that the decision must be made prior to being in society, without knowledge of what our position will be in society, and it will be a decision we will be obligated to stick to and expect others to make and stick to as well. The basic principles for society chosen in this position (which Rawls calls the original position) will be the Principles of Justice. According to Rawls (1999, 2001), there will be two: 1. The First Principle of Justice or Greatest Equal Liberty: Society is to be arranged so that all members have the greatest equal liberty possible for all, including fair equality of opportunity. Each individual has basic liberties which are not to be compromised or traded off for other benefits. Besides the basic freedoms such as freedom of speech, assembly, religion, and so on, it includes equality of opportunity. Thus society’s rules are not biased against anyone in it and allow all to pursue their interests and realize their abilities. 2. The Second Principle of Justice or the Difference Principle: Economic inequalities in society are justified insofar as they make members of the least advantaged social class, better off than if there were no inequality. The social contract basis for this principle is straightforward: If you are entering a society with no knowledge of your specific place in that society, the Difference Principle guarantees that you will be no worse off than you need to be to keep the society functioning.


2013 ◽  
Vol 35 (1) ◽  
Author(s):  
Samuel Freeman

AbstractJohn Rawls says: “The main problem of distributive justice is the choice of a social system.” Property-owning democracy is the social system that Rawls thought best realized the requirements of his principles of justice. This article discusses Rawls’s conception of property-owning democracy and how it is related to his difference principle. I explain why Rawls thought that welfare-state capitalism could not fulfill his principles: it is mainly because of the connection he perceived between capitalism and utilitarianism.


2005 ◽  
Vol 2 (3) ◽  
pp. 333-351 ◽  
Author(s):  
Gillian Brock

AbstractWhat kinds of principles of justice should a cosmopolitan support? In recent years some have argued that a cosmopolitan should endorse a Global Difference Principle. It has also been suggested that a cosmopolitan should support a Principle of Global Equality of Opportunity. In this paper I examine how compelling these two suggestions are. I argue against a Global Difference Principle, but for an alternative Needs-Based Minimum Floor Principle (where these are not co-extensive, as I explain). Though I support a negative version of the Global Equality of Opportunity Principle, I argue that a more positive version of the ideal remains elusive.


Legal Studies ◽  
2012 ◽  
Vol 32 (4) ◽  
pp. 600-622
Author(s):  
Deming Liu

This paper seeks to explore copyright from the perspective of John Rawls's egalitarian conception of justice. It first evaluates the classical theories for copyright. Next, it examines Rawls's principles of justice with particular emphasis on the difference principle. Then, it applies Rawls to the design of copyright law and debates on two doctrines of copyright law – namely the idea/expression dichotomy and the relevance of the merit of a work for copyright. The significance of the debate is to show that Rawls's perspective on justice offers a better justification for copyright and its principles and would potentially induce better justice.


Author(s):  
Samuel Freeman

This chapter discusses the application of Rawls’s principles of justice to private law, or the law of legal relationships between individuals, including the law of property, contracts, and torts. Some have argued that Rawls’s principles of justice apply only to public law—legislation affecting government’s relationships to individuals. This chapter contends that the first principle plays a crucial role in assessing and determining private law; moreover, fair equality of opportunity and the difference principle are to be applied to the assessment of many rules of private law. The difference principle addresses the question of how a society is to fairly design and efficiently organize the institutions that make economic cooperation possible among free and equal persons actively engaged in productive activity. Certain core legal institutions, including property and economic contract, are necessary for economic cooperation and are among the institutions covered by the second principle of justice.


Author(s):  
Samuel Freeman

This chapter analyzes Rawls’s complex account of distributive justice. Rawls’s difference principle requires that economic systems be organized so that the least advantaged members of society are better off than they would be in any alternative economic arrangement. The following questions are addressed here: What constraints are imposed by equal basic liberties and fair equality of opportunity on inequalities allowed by the difference principle? What are the difference principle’s broad and narrow requirements? Is maximizing the least advantaged position mandatory regardless of the inequalities created, or is it optional so that a society can choose to limit inequalities permitted by the difference principle? In what respect is the difference principle a reciprocity principle and not prioritarian? What measures are required to realize the difference principle under ideal conditions of a well-ordered society versus non-ideal conditions of an unjust society? Why should property-owning democracy rather than welfare-state capitalism satisfy Rawls’s principles of justice?


Author(s):  
Samuel Freeman

This volume of essays addresses a wide range of issues in contemporary political philosophy, from the different branches of liberalism and their relation to capitalism, to the basic institutions of a liberal society that underwrite political and economic justice. Samuel Freeman is a leading political philosopher and one of the foremost authorities on the works of John Rawls. This volume contains nine of his essays on liberalism, Rawls, and distributive justice. Freeman organizes his chapters into a narrative arc: from liberalism as the dominant political and economic system in the Western world, to the laws governing interpersonal transactions in a liberal society, to the broad social and political structures that determine distributive justice. Freeman analyzes the primary differences between the classical and high liberal traditions; shows why libertarianism is not a liberal view; argues for the social rather than global bases of distributive justice; demonstrates why Rawls’s difference principle supports a property-owning democracy rather than welfare-state capitalism; and shows how Rawls’s liberal principles of justice and the difference principle are to be applied in both ideal and non-ideal circumstances, effectively responding to criticisms by Amartya Sen, G. A. Cohen, and others.


Author(s):  
Samuel Freeman

This chapter analyzes Rawls’s complex account of distributive justice. Rawls’s difference principle requires that economic systems be organized so that the least advantaged members of society are better off than they would be in any alternative economic arrangement. The following questions are addressed here: What constraints are imposed by equal basic liberties and fair equality of opportunity on inequalities allowed by the difference principle? What are the difference principle’s broad and narrow requirements? Is maximizing the least advantaged position mandatory regardless of the inequalities created, or is it optional so that a society can choose to limit inequalities permitted by the difference principle? In what respect is the difference principle a reciprocity principle and not prioritarian? What measures are required to realize the difference principle under ideal conditions of a well-ordered society versus non-ideal conditions of an unjust society? Why should property-owning democracy rather than welfare-state capitalism satisfy Rawls’s principles of justice?


2012 ◽  
Vol 8 (1) ◽  
Author(s):  
Daniel Kofman

Cohen’s hostility to Rawls’ justification of the Difference Principle by social facts spawned Cohen’s general thesis that ultimate principles of justice and morality are fact-insensitive, but explain how any fact-sensitive principle is grounded in facts. When facts F ground principle P, reformulating this relation as conditional “If F, then P” is trivial and thus explanatorily impotent. Explanatory, hence justificatory, force derives either from subsumption under more general principles, or precisely exhibiting value in light of relevant (actual or hypothetical) facts. In examples where no subsumption occurs, actual facts trivially become hypothetical facts, an empty formalism. Indeed, Rawls’ grounding of principles of justice in “conditions of life” can easily be reformulated as a conditional principle “sensitive” only to hypothetical such conditions, and thus formally fact-insensitive, for all Cohen’s ire against Rawls’s grounding. Moreover, any plausible “ultimate fact-insensitive principle” must be intricately qualified, which tacit ceteris paribus clauses mask. Each qualification implies prioritisation of one principle over another in conceivable circumstances, and wherever the now qualified principle is given scope, that too implies prioritisation over competing principles in typical circumstances. Any principle is thus sensitive to conceivable circumstances of application, as recognised by more sophisticated intuitionisms. Non-trivial ultimate principles – luck egalitarianism, act utilitarianism, etc. - require defense, which inevitably involves showing how they best interpret and respond to facts about human needs, goals, and capacities in predictable circumstances. Finally, the substantive debate between Rawls and Cohen about which facts are relevant to the DP is only obscured by the doctrine of fact-insensitivity. L’hostilité de Cohen envers Rawls fondant le principe de différence sur des faits sociaux a engendré sa théorie générale selon laquelle les principes ultimes de justice et de moralité ne sont pas sensibles aux faits, mais explique que n’importe quel principe sensible aux faits est ancré dans les faits. Quand les faits F expliquent un principe P, une reformulation de cette relation dans la forme conditionnelle « si F, alors P » est triviale et n’apporte rien en termes d’explication. La force explicative et justificative, vient soit de la subsomption par des principes plus généraux soit, lorsqu’il n’y a pas subsomption, précisément parce qu’elle apporte de la valeur à la lumière de faits réels ou hypothétiques… Dans les exemples où il n’y a pas de subsomption, des faits réels deviennent trivialement des faits hypothétiques, un formalisme vide. La manière dont Rawls fonde ses principes de justice sur des « conditions de vie » peut facilement être reformulée comme s’ils étaient des principes conditionnels « sensibles » uniquement à des conditions hypothétiques, devenant ainsi formellement insensible aux faits, esquivant la colère de Cohen contre la méthode fondatrice de Rawls. En outre, n’importe « principe insensible aux faits » plausible doit être qualifié de façon détaillée, ce qui est masqué par les clauses tacites « toutes choses étant égales par ailleurs ». Chaque qualification implique la priorisation d’un principe sur un autre dans des circonstances concevables, et partout où le principe maintenant qualifié est censé être appliqué, cela implique aussi la priorisation sur des principes alternatifs dans des circonstances typiques. N’importe quel principe est ainsi sensible à ses domaines d’application concevables, comme les intuitionnismes sophistiqués le reconnaissent. Les principes ultimes non triviaux – l’égalitarisme des chances, l’utilitarisme des actions, et cetera – doivent être défendus, ce qui implique inévitablement que l’on montre comment ils interprètent et rendent compte de faits relatifs aux besoins, objectifs, et capacités humains dans des circonstances prévisibles. Par conséquent, le débat substantif entre Rawls et Cohen à propos des faits qui sont pertinents dans la formulation du principe de différence est obscurci par la doctrine de l’insensibilité aux faits.


2016 ◽  
Vol 19 (2) ◽  
pp. 509
Author(s):  
Leandro Martins Zanitelli

Resumo: Ao tratar do tipo de regime institucional mais propenso à realização dos princípios da justiça como equidade, Rawls (2001) apresenta três argumentos sobre a superioridade de uma democracia de cidadãos proprietários em relação ao capitalismo de bem-estar, um argumento sobre o valor equitativo das liberdades políticas, outro sobre a equitativa igualdade de oportunidades e um terceiro acerca do princípio da diferença. Em uma crítica a esses argumentos, O’Neill (2012) conclui que apenas o último deles é convincente. Este trabalho procura demonstrar como a análise recente de Piketty (2014) sobre a tendência ao acirramento da desigualdade em sociedades com baixo crescimento dá fôlego aos argumentos de Rawls quanto à superioridade de uma democracia de cidadãos proprietários no que se refere ao valor equitativo das liberdades políticas e à igualdade de oportunidades. O trabalho de Piketty também joga luz sobre a importância, no que concerne ao princípio da diferença, da distinção entre um regime que inclui políticas para prevenir a concentração da riqueza (a democracia de cidadãos proprietários) e outro preocupado exclusivamente com a desigualdade de renda (o capitalismo de bem-estar).Palavras-chave: Democracia de cidadãos proprietários, capitalismo de bem-estar, desigualdade, rawls, piketty.READING RAWLS AFTER PIKETTY: justice, inequality and property-owning democracyAbstract: When discussing the type of institutional regime most prone to realizing the principles of justice as fairness, Rawls (2001) presents three arguments about the superiority of a property-owning democracy over welfare-state capitalism, concerning, respectively, the fair value of political liberties, fair equality of opportunity and the difference principle. In a critique of those arguments, O’Neill (2012) states that only the last one, the argument of the difference principle, is convincing. This paper, tries to demonstrate how Piketty’s (2014) recent analysis of the tendency of increasing inequality in low-growth societies offers support to Rawls’s arguments favoring property-owning democracy in matters regarding the fair value of political liberties and fair equality of opportunity. Piketty’s work also stresses the importance, in what refers to the difference principle, of distinguishing between a regime encompassing policies to prevent the wealth concentration (property-owning democracy) and another one whose exclusive concern is to reduce income inequality (welfare-state capitalism).Key words: Property-owning democracy, welfare-state capitalism, inequality, Rawls, Piketty.


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