PHIL 462 – Political Philosophy Professor Zwolinski Study Questions #17 Rawls’ Theory of Justice Section 1 1) What does Rawls mean when he writes that “justice is the first virtue of social institutions”? 2) In what sense does justice hold that persons are “inviolable”? 3) What does it mean to say that society is a cooperative system for mutual advantage? In what way is there a conflict as well as an identity of interests in it? How does this fact give rise to a need for principles of justice? Section 3 Note: This section is a very quick run-through of the core argument of Part I of the book. Subsequent chapters will come back to this argument and explain its key concepts and moves in greater detail. 4) What is the object of the ‘original contract’ that Rawls discusses? (In other words, what are the parties to that contract trying to agree about?) 5) What is the name which Rawls gives to his way of regarding the principles of justice? 6) What role does the idea of an “original position” play in Rawls’ theory? 7) What does Rawls mean by the phrase “veil of ignorance”? What sort of knowledge is precluded by this veil, and why? 8) Under what conditions is a social system just, according to Rawls’ theory? 9) What does Rawls say about the motivations of parties in the original position? 10) What does Rawls say about the possibility of parties in the original position choosing the principle of utility as a principle of justice? 11) Which two principles does Rawls think that parties to the original position will choose? Section 4 12) What are some of the “commonly shared presumptions” about the way in which principles of justice should be chosen that Rawls incorporates into his description of the original position? 13) In what sense are the parties in the original position equal? What justifies this equality, according to Rawls? 14) What is the second process by which Rawls purports to justify his description of the original position? What is the state of affairs to which Rawls hopes this second process will lead? 15) If Rawls’ contract was never in fact agreed to, why should we care what principles would be chosen in it? Do you think the answer Rawls gives to this question be used to defend a Lockean or Hobbesian contract theory as well? Section 5 © Routledge 2014 16) What does Rawls mean when he describes one way of thinking about utilitarianism’s conception of social justice as “the principle of rational prudence applied to an aggregative conception of the welfare of the group” ? 17) How does Rawls define the structure of teleological theories? Note: ‘teleological’ in this context means roughly the same as ‘consequentialist.’ 18) What ‘striking feature’ of utilitarianism’s view of justice does Rawls note? 19) Rawls writes that according to utilitarianism, “there is no reason in principle why … the violation of the liberty of a few might not be made right by the greater good shared by many.” Is this true of Mill’s utilitarianism? If so, is this a problem? 20) Rawls claims that “Utilitarianism does not take seriously the distinction between persons.” Why does he say this, and is he correct? Section 6 21) What is the first contrast that Rawls draws between the utilitarian conception of justice and his own? 22) Have Rawls’ arguments so far been designed to show that parties in the original position would not choose utilitarianism as one of their principles of justice? If not, what have his arguments been designed to show vis-à-vis utilitarianism? 23) Is Justice as Fairness a teleological theory? If not, what is it? 24) According to utilitarianism, Rawls says, “the satisfaction of any desire has some value in itself which must be taken into account in deciding what is right” (204). What does this mean, and how does Justice as Fairness contrast? Section 11 25) What is Rawls’ first and tentative statement of the two principles of justice? What are the two ambiguous phrases in the second principle? 26) What are some of the ‘basic liberties’ referred to by the first principle? 27) Does Rawls’ second principle require that wealth and income be distributed equally? 28) What does Rawls mean in saying that the principles are to be arranged in ‘serial order’? 29) What is the moral general conception of justice of which the two principles are special cases? 30) What does Rawls mean by ‘primary goods’? What is the difference between social and natural primary goods? 31) What roles do ‘representative persons’ play in Rawls’ theory, and what does he mean by this phrase? Section 12 32) What are the four possible interpretations of the two ambiguous phrases referred to in question 1 above? What are the four systems of justice that they give rise to? 33) What does Rawls mean by the principle of efficiency (Pareto Optimality)? 34) How does the principle of efficiency supply only a partial ordering of distributions? 35) How does the willingness to trade suggest that the current distribution is inefficient? 36) Why does Rawls think that it is unreasonable to be unconcerned with how the basic structure distributes rights and responsibilities, as long as the distribution is efficient? © Routledge 2014 37) How does the system of natural liberty select a distribution from among the set of all efficient distributions? 38) In what way is the distribution of income and wealth in a system of natural liberty “strongly influenced by natural and social contingencies”? What does Rawls conclude from this about the justice of the system of natural liberty? 39) How does the system of liberal equality correct for the injustice of the system of natural liberty? In what way(s) does it still not go far enough? 40) What does Rawls say about the arbitrariness of the natural lottery? Is he right? 41) Why does Rawls say that both the liberal conception of equality and the system of natural aristocracy are unstable? Is he right? Section 13 42) What is the “intuitive ide” behind the democratic interpretation of the difference principle? Section 17 43) What is the principle of redress, and how does the difference principle give some weight to the considerations singled out by it? 44) How are natural talents to be regarded under the difference principle, according to Rawls? 45) Is it unjust that some people are born smarter than others, or into better social circumstances, according to Rawls? 46) How does Rawls answer the question of whether the better-off individuals have any grounds for complaint regarding the scheme of social cooperation set up by the difference principle? 47) What is a meritocratic society, and why does Rawls worry about it? Would earlier liberals like Locke and Mill have shared his concern? Section 24 48) What sort of particular facts do parties not know under the veil of ignorance? What sort of particular facts do they know? 49) What sort of general facts do they know? 50) What differences are there between the parties in the original position under the veil of ignorance? How will they bargain to settle these differences? Section 46 51) What is the final statement of Rawls’ two principles of justice? For Discussion: 1) Is Rawls right that people don’t deserve their natural talents? Or the things that they obtain by means of their natural talents? 2) Rawls is often regarded as an egalitarian philosopher. But notice that Rawls actually rejects strict equality. Is he on sound footing in doing so? 3) Would parties in the original position really choose the difference principle? Would they really choose to give the basic liberties a lexical priority over distributive considerations? © Routledge 2014