A Theory of Justice

Prof. John Bordley Rawls

(1921-2002) Abhishek Kutty
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

A Well-Ordered Society
Original Position
Justice as Fairness Acceptance
Basic Structure
Veil of Ignorance
Principles of Justice

Egalitarian Principle Difference Principle Equality of Opportunity

Original Position
Constitutional Stage
4 Stage Sequence
Legislative Stage
Application
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

A Well Ordered Society

▪ Free, rational and mutually disinterested

▪ Not only designed to advance the good of its members, but is

effectively regulated by a public conception of Justice

▪ A society which everyone accepts and knows that others accept the
same principles of justice

▪ The basic social institutions generally satisfy these principles

 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

Justice as Fairness
• Justice is the first virtue of Social Institutions
• A Conception of Justice
• Each person possesses an inviolability founded on Justice
• Principles of Justice are that would be the object of mutual agreements
by persons under fair conditions
• A theory however elegant must be rejected if its untrue; laws no matter
how effluent must be reformed/ abolished if unjust
• Higher level of abstraction of the traditional Social Contract
• A system of cooperation designed to advance the good
• Rejects Utilitarianism- Primacy of Right over Good.
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

Original Position
▪ Corresponds to the State of Nature
▪ What sort of principles would people agree?- Rejection of Utilitarianism and
endorse Justice as Fairness
▪ Rational Persons would agree to an OP

VEIL OF IGNORANCE
▪ No one knows his place in society, his class position or social status
▪ No one knows his fortune in the distribution of natural assets or abilities
▪ Forces us to think about the problem of social justice as an impartial spectator
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

Principles of Justice

Each person is to have an equal Social and Economic

right to the most extensive inequalities are to be
scheme of liberties compatible arranged so that they are
with a similar scheme of both:
liberties for others

Reasonably expected to be Attached to positions

to everyone’s advantage and offices open to
all
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

Difference Principle
▪ higher expectations of those better situated are just if and only if they
work as part of a scheme which improves the expectations he least
advantaged.
▪ Distribution of income and wealth
▪ Introduced the notion of Primary Goods that are distributed by the
Basic Structure.
▪ Primary Goods: Rights, Liberties, opportunities, income and wealth
(Advance the well-being of individuals)
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

Institutions of a just society

▪ 1st- Original Position- select the basic principles that will serve the public
and make the selection under a veil of ignorance
▪ 2nd- Constitutional Stage- People design a system of Government
▪ 3rd- Legislative Stage- Process of setting up public policies and socio-
economic regulations.
▪ 4th- Application- Public agencies, Justice system and citizens respect the
institutions and carry out the policies in the previous two stages
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Class Room I
LL.M (Human Rights)
Subject: Changing Conceptions of Justice and the Globalized Legal Order

Objections
▪ Incentive- If the incentives generate economic growth that makes
the least advantaged better off, then there would be an equal
arrangement.
▪ Effort- Rawls reject the meritocratic theory since the people’s
natural talents are not their own doing.
“Even the willingness to make an effort, to try, and so to be deserving in
the ordinary sense is itself dependent upon happy family and social
circumstances.” (P. 64, TOJ)

“It seems clear that the effort a person is willing to make is influenced by his
natural abilities and skills and the alternatives open to him. The better endowed
are more likely, other things being equal, to strive conscientiously…” (P. 274,
TOJ)