Applied Ethics Rawls and Nozick Rawl’s (hereinafter RS) main idea is that social justice is fairness and his general conception of justice has at least 2 main ideas: 1st basic liberties, or the civil and political rights of a constitutional democracy, should have priority - All social primary goods, or goods that are distributed directly by social institutions such as – civil rts and liberties, opportunities, income – are to be distributed equally unless an unequal distribution of any of these advantages is to the advantage of the least favored. So the only inequalities Rs wants to remove are those which disadvantage someone but if certain inequalities benefit everyone by drawing out socially useful talents and energies, then they might be acceptable to everyone. Suppose society gives requires higher taxes from someone else than I pay. If doing so promotes my interests, then equal concern for my interests suggests for Rs that we allow that inequality. Ex: might want to keep a fully functioning system of emergency medicine in our society – emergency wards staffed round the clock – might be to our advantage to pay emergency health care staff more money – to make their income a little higher than everyone else’s – so they will endure the demands of the job Rs principles of justice are as follows: First principle: Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all. Second Principle: Social and economic inequalities are to be arranged so that they are both: a) to the greatest benefit of the least advantaged, and B) attached to offices and positions open to all under conditions of fair equality of opportunity. Rawls is giving priority and special protection to what he calls basic liberties, ie, the standard civil-political rights recognized in liberal democracies – the right to vote, to run for office, due process, free speech, mobility, freedom of thought and association, liberty of conscience and other rights and liberties protected by the rule of law – indeed one way of differentiating liberalism from other political doctrines is that liberalism gives priority to these basic liberties, etc. Some Rawlsian Terminology: Primary Goods for Rawls are social or natural. Social Primary Goods are goods that are directly distributed by social institutions, e.g., income and wealth, opportunities and powers, rights and liberties. Natural Primary Goods are distributed by nature, e.g., health, intelligence, vigour, imagination, natural talents. These are affected by social institutions but not directly distributed by them. Persons have 2 moral powers: 1) the capacity to formulate a rational conception of the good life and 2) the capacity to act, understand and apply the requirements of justice. These moral powers enable each person to be a free and responsible agent taking part in social cooperation. A Comprehensive Doctrine is a belief or value-system (religious, moral, philosophical) which sets out a whole way of living and giving meaning to a life. Comprehensive doctrines give their adherents a program for pursuing what is good, valuable, or what makes life worth living. There is a wide variety of comprehensive doctrines and people may buy in or out of them to various degrees. Rawls calls this pluralism. Note: Rawls is against imposing one comprehensive doctrine of the Good Life on society. Reasonable Pluralism should flourish w/n a basic framework of political liberties that would best allow each person to pursue his/her unique conception of the Good Life. But how does Rs arrive at these principles? By what method does he conclude that rational persons who know they will have to live with each other will choose these principles of justice? Original Position Rawls invites to participate in a thought experiment – a fascinating hypothetical exercise in devising a social k that might enable us to come up with a model for social cooperation Social congtract theory has often been criticized as a weak approach because they ask us to rely on implausible assumptions- that we can imagine a time and place as a state of nature when everyone was on their own w/o any kind of pol authority with the power to command obedience or protect interests or possessions – the ? is what kind of contract would indivs in this state of nature agree to concerning the establishment of these powers and responsibilities? once we work out a contract (hereinafter K) and understand its terms, then we’d know what the govt is obligated to do and what rules the citizens are obliged to obey The usual criticism is that there never was such a state of nature or such a contract and so neither cits nor govts are bound by it Ks only create obliges if they are actually agreed to We might say that a certain contractual scheme for social cooperation is the K people would have agreed to if they had negotiated in a state of nature but so what? A hypothetical K is no K at all. So social Ks are seen as either historically absurd or morally insignificant. Rs says – I’m not proposing my social K theory as a means of working out the historical origins of soc or as a means of setting down historical obligations of persons and govts Rs proposes his version of social K theory as a means of, or a representative device for, teasing out the implications of certain premises concerning moral equality – Rs wants to provide us with an explanatory model that best captures the idea of the moral equality of indivs living together in a soc – the basic ? is then how people who are free and equal can come to be governed? Why submit to external social or governmental authority? The basic answer is – due to the uncertainties and scarcities of social life, individuals would retain their moral equality but willingly give certain powers to the state but only if the state used those powers in trust to protect individual from those uncertainties and scarcities - if the govt betrays that trust, then citizens are no longer under an obligation to obey Further – rulers are entrusted with the protection of the moral equality of individuals Rs thought the state of nature model was a bad one because it did not do away with inequalities that might exist – some in the state of nature might be stronger or wield more influence at the bargaining table So he came up with a really novel twist which he called the original position (hereinafter op) - remember, the op is Rs explanatory device or model for working out the political, or socially cooperative implications, of persons moral equality In the op, people are behind a veil of is such that they don’t know their place in society, their class position or social status, their fortune in the distribution of natural assets – they don’t know whether they are smart or talented or if so how smart or how talented, they don’t know their conceptions of the good, their psychological makeup – Rs idea is that when people are under the veil of ignorance, they are all so similarly situated that no one is able to design principles of justice, or fair social cooperation, that favors his or her particular condition – you don’t know what that condition is – you are, as much as you can imagine, the person beside you. Remember – this isn’t Rs attempt at a theory of personal identity – it’s simply a device which might capture, or sum up, our notions of fairness and equality and help us to think through their consequences. Rs thinks people in the op under the veil of ig would choose the Principals of justice that I outlined earlier and you can certainly disagree – you might think people would have come up with diff ones First principle: Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all. Second Principle: Social and economic inequalities are to be arranged so that they are both: a) to the greatest benefit of the least advantaged, and B) attached to offices and positions open to all under conditions of fair equality of opportunity. But why did Rs think people would pick his principals of justice? Rs idea is that while we do not know what position we will occupy in soc, or what goals or indiv lives we may want t, there are some things that we each know we all want to enable us to lead a good life, however we might define that good life to be – Rs calls these primary goods So in choosing principals of justice in the op behind the veil of ignorance, people want to ensure that they will each have the best possible access to the primary goods distributed by social institutions – to income, wealth, opportunities, rights and liberties Sound like enlightened egoism? Rs says it isn’t – Rs says that egoism does not underlie this conception of justice – since no one knows what position they will occupy, asking people what is best for themselves is like asking them to decide what is best for everyone considered impartially – as Will Kymlicka puts it “in order to decide from behind a veil of ignorance which principals will promote my good, I must put myself in the shoes of every person in soc and see what promotes their good, since I may end up being any one of those people.”1 So when you add the veil of ignorance to the op, the assumption of rational self-interest achieves the same purpose as benevolence or altruism “because I must sympathetically identify with every person in soc and take their good into acct as if it were my own. In this way, agreements made in the op give equal consideration to each person.”2 (64-65). So why wouldn’t people just choose an equal distribution of social primary goods for all social positions – everyone gets an equal share of income say 1 Will Kymlicka, Contemporary Political Philosophy: An Introduction (Oxford: Clarendon Press, 1990), 64. 2 Ibid., 64. – Rs says that would not make rational good sense if we can imagine permitting certain inequalities in income that favor valuable talents and contributions that would advantage the worst off. Utilitarianism would not be a good gamble – under utilitarianism you’re rights and liberties, your welfare, might be sacrificed for the greater good of everyone else - if you can be used as a less than equal person to benefit everyone else Rs says the safest bet is a maximin strategy – you want to set up a system of social cooperation that maximizes what you would get if you wound up in the minimum, or worst-off position – you want to work out a scheme of social cooperation that maximizes the minimum share allocated under then scheme. So Rs says you imagine yourself coming out of the op and ending up at the bottom of the social ladder with a really crummy distribution of natural assets to boot – the rational choice, says Rs, is for a scheme that gives you the best deal if you hit bottom - This means, argues Rs, that people in the op under the veil of ignorance will select the difference principle – any inequalities that are allowed in the distribution of social primary goods must actually work to the benefit of the worst off Criticism –some people argue that Rs builds so many assumptions into his explanatory model that he rigs the outcome in favor of his own principles.