John Rawls: a Theory of Justice

question 10

Essay

John Rawls: A Theory of Justice
The social contract theory, which has roots in Plato and was developed by Hobbes, Locke, Rousseau, and Kant, grounds moral requirements in social agreements made for the sake of mutual advantage. Rawls presents a novel social contract theory, which has two main parts. The first part of the theory identifies the correct principles of justice as those "that free and rational persons concerned to further their own interests would accept in an initial position of equality as defining the fundamental terms of their association." To ensure that the principles selected by contractors are fair, Rawls imposes a crucial restriction on the "original position" from which the contractors select principles. In Rawls's theory, the correct principles of justice are those that would be chosen from behind a veil of ignorance, whereby individuals are stripped of any particular knowledge about themselves, their social position, or their conception of the good. In putting forward this idea of the original position, Rawls claims that he is simply making vivid "the restrictions that it seems reasonable to impose on arguments for the principles of justice."
Rawls maintains that contractors in the original position would agree on two principles of justice. First, "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." Second, "social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone's advantage, and (b) attached to positions and offices open to all." The first of these principles is lexically prior to the second - i.e., the first principle (concerning liberty) trumps the second (concerning inequality). The guiding thought behind the two principles, Rawls claims, is that inequalities can be just only when they benefit the least advantaged members of society. Rawls points out that his theory thus differs sharply from utilitarianism, according to which we ought to maximize well-being, and shares commonalities with Kant's moral philosophy.
-What is the principle of redress, and how does it inform Rawls's theory? Do you agree with the principle? Why or why not?

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Definitions:

UCC

All kinds of commercial dealings within the United States fall under the regulations of the expansive Uniform Commercial Code.

Breach of Contract

The failure to perform any term of a contract, agreement, or promise without a legitimate legal excuse.

UCC

The Uniform Commercial Code (UCC) is a comprehensive set of laws governing all commercial transactions in the United States, intended to standardize and simplify the laws across states.

Cancelling Contract

The legal act of nullifying an agreement, making it legally void and releasing all parties from their obligations under that agreement.