Lesson V:

Justice and
Fairness
Justice and Fairness

Rawls is one of the most important political philosopher of the

20th century. He rejects and argues that utilitarianism thinking
cannot absolutely exclude systems such as slavery and racial
segregation. If slavery is to the overall benefit of society, in that the
wellbeing of the slave-owners overshadows the suffering of the
slaves, then utilitarianism would be required to accept slavery.
Justice and Fairness

Rawls alleged that slavery is wrong under all situations,

regardless of any utility calculations because it does not respect the
fundamental rights and liberties of all person. Slavery is wrong
because it is unjust and it does not consider individual rights
inviolable.
Rawls’ ‘Justice as
Fairness’
Rawls’ ‘Justice as Fairness’

Rawls used the elements of both Kantian and utilitarian

philosophy in describing a method for the moral evaluation of
social and political institutions. He called his concept of social
justice as “Justice as Fairness” which consists of two principles:

‘The Liberty Principle’

‘Fair equality of opportunity’ and ‘the Difference Principle’

‘The Liberty Principle’

“Each person has the same and indefeasible claim

to a fully adequate scheme of equal basic liberties,
which scheme is compatible with the same scheme
of liberties for all.”
‘The Liberty Principle’

Everybody has the same basic liberties which can never be

taken away. This principle is very Kantian because it provides basic
and universal respect for individuals as a minimum standard for all just
institution. Rawls gave an example, such as freedom, right of a private
person but he agreed that basic liberties could be limited and only for
the sake of liberty. However, all individuals may be morally equal.
There are significant differences between individuals that under
conditions of liberty will lead to social and economic inequalities.
‘Fair equality of opportunity’
and ‘the Difference
Principle’

“Social and economic inequalities are to satisfy two conditions:

first, they are to be attached to offices and positions open to
all under conditions of fair quality of opportunity; and second,
they are to be the greatest benefit of the least-advantaged
members of society.”
‘Fair equality of opportunity’
and ‘the Difference
Principle’

This recognizes that a society could not possibly avoid

inequalities among its people. Rawls alleged that a just society ought
to find ways to lessen inequalities in areas where it can function. He
refers jobs by the term “offices and positions”. He proposed that these
must be open to everybody by the society in granting fair equality of
opportunity. For this purpose, society should eradicate discrimination
and everybody should afford easy access to education.
‘Fair equality of opportunity’
and ‘the Difference
Principle’

Rawls’ Difference Principle is the ideal but controversial

element of his theory. He used the term “least-advantaged” to mean
those at the bottom of economic ladder such as unskilled individuals
who earn the lowest wages in the society. He maximizes the “least-
advantaged” and suggested providing “fair equality of opportunity”
and other possible ways such as a guaranteed minimum income or
minimum wage to achieve the equality amongst society.
The ‘Thought Experiment’

The "Thought experiment" is an imagined gathering held under

strict conditions that allowed persons to deliberate, only by employing
their reason and logic.

To assure that the choice of social justice principle would be

truly unbiased, the individuals in this mental exercise had to pick their
justice principles under a "veil of ignorance", this fictional persons
would not know their specific position in the society.
The ‘Thought Experiment’

Utilizing reason and logic, the fictional individuals would first

have to resolve what persons in most societies want. Rawls contended
that the imaginary group members would adopt what philosophers
call the maximum and minimum rule. Under this rule, the best choice is
highest minimum. Let us take this example.
The ‘Thought Experiment’
Average Wage Per Hour Legal Minimum Wage

Society A $20.00 $7.00

Society B $30.00 $1.00

In this example, the best choice under the maximum rule

would be society A, which has the highest minimum wage. "Those
earning the average wage and above are doing pretty well as well“

Society B with its higher average wage benefits those in the

middle and the top income levels, but largely ignores those at the
bottom.
The ‘Thought Experiment’

Rawls also held that the persons in his experiment would

logically select principles of social justice that maximized benefits for
the "least advantage".

Since they did not know what position they actually occupy in
their society, the participant, to be on the safe side, would sensibly
pick the principle of justice that most benefited those at the bottom.
The ‘Thought Experiment’

Its is in the way that Rawls believed that he had

demonstrated that hits justice as Fairness principles, tilted
toward the "least advantage", were the best for forming or
restricting institutions for a just society.
An Evaluation of
Rawls’ Principles
 Criticisms against Rawls
Principles
For Justice as Fairness = ‘Liberty Principle’, equality of basic liberties
and equal opportunity.

They don’t ample tolerance for various religious and held beliefs that
contradict the principle.
For example: Individuals in a religion or society that teaches gender inequality in
some aspects etc.

Culture/Religion vs. Liberty of society.

 Criticisms against Rawls
Principles
For Second Principle of Social Justice = ‘Fair equality of opportunity’,
‘Difference Principle’, concerns for social and economic institutions.
“The greatest benefit must go to the least advantaged”.

It contradicts the most advantaged people “successful” what they

have earned and redistributed to the less fortunate.
For example: People who contribute more for society, deserves to be a
advantaged people.

It explains that why people come to be a more or less advantaged

people is also fairness.
 Criticisms against Rawls
Principles
Advantaged “successful” people Productiveness > Benefits least
advantaged people.
The more you contribute to the society, the more chances to be a
successful.
Somehow applicable in our current culture.

According to Rawls, he also admitted that his concept

was highly idealized the a little support for his Difference
principle in our culture.
Distributive Justice
Distributive Justice

Rawls’ ‘Justice of Fairness’ principles is an example of a

social justice concept called distributive justice. This concept
basically concerns the nature of a socially just allocation of goods in
a society. Including the available quantities of goods, the process
by which goods are distributed, and the subsequent allocation of
the goods to society members.
Distributive Justice

For John Rawls, distributive justice demands that the lucky

ought to allocate some or all of their gains due to luck to the
unlucky.

Norm is the standard of behavior that is acquired, desired or

designated as a normal within a specific group.
Types of Distributive Norms
EQUITY – members’ outcomes should be based upon their inputs.
EQUALITY – regardless of their inputs, all group member should be
given an equal share of the rewards/costs.
POWER – those with more authority, status, or control over the group
should receive more than those in lower level positions.
NEED – those in greatest needs should be provided with resources
needed to meet those needs.
RESPONSIBILITY – group members who have the most should share
their resources with those who have less.
Various socio-economic political theories
have differentiated, but somewhat related,
view of distributive justice.
EGALITARIAN – Egalitarianism is a set of closely related socio-
economic political theories that without exemption promote the
proposition that all society members ought to have exactly equal
amount of resources. Rawls’ ‘Justice of Fairness’ principle often
called ‘Rawlsian Egalitarianism’.
CAPITALIST – Laissez-faire capitalist distribute justice is when
people, businesses, and corporations perform based on their
individual self-interest for their own benefit.
Various socio-economic political theories
have differentiated, but somewhat related,
view of distributive justice.
SOCIALIST – state socialist distributive justice is a system
where the government or a central authority controls the
production of goods and services.
State and Citizens
Responsibility
State and Citizens
Responsibility

Taxation and Inclusive Growth. Taxation is a means by which

states or governments finance their expenditure, basically and
ideally for constituents, by imposing charges on them and
corporate entities.
State and Citizens
Responsibility

Relationship between taxes and social welfare programs

drives the proposition that taxes are essentially ‘socialist.’ Socialism
in which the state owns and controls all means of production and
where there is no such thing as private property. Democratic
socialism works hand-in-hand with capitalism, free market and
private property.
State and Citizens
Responsibility

Inclusive Growth is “economic growth that creates

opportunity for all segments of the populations and distributes the
dividends of increased property, both in monetary and non-
monetary terms, fairly across society.”