Lecture Notes on Justice and Political Theories

Introduction

• Discussion of John Rawls' theories in the context of justice and society.
• Focus on two main topics:
  1. The method used by Rawls.
  2. The conclusions he draws from that method.

Rawls' Method

• Concept of the Original Position:
  • A hypothetical constitutional convention where individuals have no societal status or identity ("veil of ignorance").
  • Participants do not know their personal circumstances (e.g., age, gender, race).
• Purpose:
  • To determine principles of justice by eliminating personal biases.
  • The aim is to identify rules that would be agreed upon as fair by rational individuals.

Conclusions of Rawls' Theory

• Two Principles of Justice:

  1. Basic Liberties:
     • Everyone should have fundamental freedoms (e.g., political rights, freedom of speech, and personal property rights).
     • These liberties must be protected.
  2. Distribution Inequality:
     • No societal inequality is permissible unless it benefits the worst-off group in society.
     • Emphasizes the welfare of the least advantaged.

• Principle of Priority:

  • The first principle (basic liberties) takes precedence over the second (economic considerations).
  • Political liberties cannot be compromised for economic gain.

Critiques of Rawls' Theory

• Shortcomings:
  • Reliance on technical economic arguments may not justify the outcomes of the original position.
  • The core philosophical question about the nature of justice should be more explicit.
• Strengths:
  • Launches a discussion on fairness and encourages deep philosophical inquiry into justice.

Liberalism and Justice

• Root Question of Liberalism:
  • What constitutes justice in a community?
  • Two approaches to justice:
    1. Justice tied to specific ideas of a good life.
    2. Justice as independent of personal moralities, promoting agreement among diverse views.
• Ambition of Rawls' Book:
  • Constructs a humane political theory within the framework of liberalism.

Responses to Rawls' Theory

• Criticism from Right and Left:
  • Right:
    • Concerns over prioritizing the worst-off; cultural values may take precedence.
  • Left:
    • Argues that inequalities are harmful, even if they benefit the worst-off.
    • Critiques the preference for liberty over equality.

Nozick's "Anarchy, State, and Utopia"

• Key Proposition:
  • Individuals have inherent rights that cannot be violated except with consent.
• Critique of the State:
  • Argues against state intervention in property rights, advocating for a "night watchman" state.
• Argument Against Patterns:
  • No patterned theory of justice can sustain liberty without infringing on individual choices.

Critiques of Nozick's Theory

• Concept of Rights:
  • Nozick's notion of rights is seen as arbitrary; it lacks grounding in moral obligations.
• All-or-Nothing Arguments:
  • Nozick's argument against state intervention fails to consider degrees of interference.

Conclusion

• Both Rawls and Nozick offer significant contributions to discussions of justice and political theory, but each has faced criticism regarding the practical implications and philosophical underpinnings of their arguments.