To make concrete what [Rawls's] theory regards as justice, compare two of our society's worst-off. The first, a mugger who has never held a job, is vicious when he can get away with it and spends his ill-gotten gains on drugs. The second, a mother of three, has been abandoned by her husband; she earns the minimum wage at a menial job and is trying hard to raise her children well. According to what Rawls calls justice, these two are entitled to the same resources from society simply because they are among the worst-off. The mugger's viciousness and lack of effort and the mother's decency and struggle create no morally relevant difference between them. [¶] Now change the scenario a bit. The mugger continues as before, but the mother's efforts have borne fruit. She has found a better job and is doing well at it. Her family now is moderately secure and comfortable but hardly affluent. On Rawls's view, justice requires taking some of the mother's resources in order to give them to the mugger. [¶] in deeming this blatant injustice just, Rawls repudiates the conception—accepted from the Old Testament to recent times—that justice consists in giving people what they deserve: reward for good conduct and punishment for bad. [...] awls is explicit about his repudiation...
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Philosopher John Kekes, "Dangerous Egalitarian Dreams", City Journal, August 2001.John Rawls
Since the publication of John Rawls’s monumental book A Theory of Justice in 1971, such grand theories of distributive justice have gained momentum and depth. Rawls himself defended an egalitarian position. He articulated it in his famous difference principle, according to which deviations from strict equality may be allowed only if such deviations will work for the benefit of the worst-off. According to Rawls, perfect equality should have been the rule, but rewarding capable people with differential income will create an incentive for them to raise the production of the sum total of goods, which in a system of fair distribution might end up benefiting the people who are at the bottom of the economic ladder.
John Rawls
The ultimate merit of Rawls’s work did not lie only in his own theory, but in the extraordinarily broad discussion that it generated. Rawls’s work provided a framework for a flurry of counter-theories, such as G.A. Cohen’s in Rescuing Justice and Equality, which challenged Rawls from the left and advocated a stricter egalitarianism; and Robert Nozick’s sophisticated libertarian response in Anarchy, State, and Utopia; and Michael Walzer’s development, in Spheres of Justice, of a communitarian approach to the problem.
John Rawls
One obvious way to specify what it is that is “due” to someone is to appeal to existing legal codes, but what they will prescribe will vary enormously from one time and place to another. A second account of justice might appeal to some notion of merit or desert. The third approach is Aristotle’s “general” conception, which simply identified “justice” with the sum of all the virtues and excellences. A fourth conception of justice is the idea that justice is in some way to be connected to equality of shares, resources, or outcomes. Finally there is the idea of fairness or impartiality of procedure. One might think that Rawls’s view derives some of its apparent plausibility because of a gradual slide between the various senses of “justice.” People start from a vague intuition that justice as a “general” concept (in the third sense above) is extremely important for the proper functioning of a society; they then find it easy to shift from this to a particular conception that connects “justice” with fairness of procedure and (a certain kind of limited) equality.
Raymond Geuss
The point of one of [Rawls’] main constructions—the introduction of the “veil of ignorance”—is precisely to exclude from consideration empirical information that might prejudice the overriding normative force of the outcome. It is, then, extremely striking, not to say astounding, to the lay reader that the complex theoretical apparatus of Theory of Justice, operating through over 500 pages of densely argued text, eventuates in a constitutional structure that is a virtual replica (with some extremely minor deviations) of the arrangements that exist in the United States. It strains credulity to the breaking point to believe that “free and rational agents” (with no further qualifications), even if they were conducting a discussion behind an artificial veil of ignorance, and assuming that they were to agree on anything at all under those circumstances, would light on precisely these arrangements. Some critics might fasten on this as an indication of the essentially conservative bias of Rawls’s discussion: the theoretical imagination is employed not to think about alternatives to the status quo, but in order to reproduce it schematically in thought, presenting it as the outcome of full, free, rational discussion. This might seem grossly unfair, given Rawls’s evident intention to produce a work that would have some powerful redistributive implications. if, however, one thinks it at all reasonable to judge what is after all presented as a political philosophy by its actual political effects, it is hard to see how Rawls’s perfectly genuine redistributive hopes could have any chance of being realized—and not merely because Rawls has no theory of political action or agency, although that is also true. The actual effect of Rawls’s theory is to undercut theoretically any straightforward appeal to egalitarianism, Egalitarianism has the advantage that gross failure to comply with its basic principles is not difficult to monitor, There are, to be sure, well-known and unsettled issues about comparability of resources and about whether resources are really the proper objects for egalitarians to be concerned with, but there can be little doubt that if person A in a fully monetarized society has ten thousand times the monetary resources of person B, then under normal circumstances the two are not for most politically relevant purposes “equal.” Rawls’s theory effectively shifts discussion away from the utilitarian discussion of the consequences of a certain distribution of resources, and also away from an evaluation of distributions from the point of view of strict equality; instead, he focuses attention on a complex counterfactual judgment. The question is not “Does A have grossly more than B?”—a judgment to Which within limits it might not he impossible to get a straightforward answer—but rather the virtually unanswerable “Would B have even less if A had less?” One cannot even begin to think about assessing any such claim without making an enormous number of assumptions about scarcity of various resources, the form the particular economy in question had, the preferences, and in particular the incentive structure, of the people who lived in it and unless one had a rather robust and detailed economic theory of a kind that few people will believe any economist today has. In a situation of uncertainty like this, the actual political onus probandi in fact tacitly shifts to the have-nots; the “haves” lack an obvious systematic motivation to argue for redistribution of the excess wealth they own, or indeed to find arguments to that conclusion plausible. They don t in the same way need to prove anything; they, ex hypothesi, “have” the resources in question: “Beati possidentes.”
Raymond Geuss
A Theory of Justice begins with this assertion: “Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust .... Truth and justice are uncompromising”. How, one might ask. do we know that justice has this preeminence? Rawls’s second basic claim is that we have a particular kind of access to this preeminence: we have an “intuitive conviction of the primacy of justice” over all other considerations including welfare, efficiency, democratic choice, transparency, dignity, international competitiveness, or freedom, and, of course, over any rooted moral, philosophical, or religious conceptions. There is no account of where these intuitions came from, whether they might be in any way historically or sociologically variable, or what role they play in society.
Raymond Geuss
Rawls, John
Ray, Dixie Lee
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