UPSC MainsPHILOSOPHY-PAPER-II201315 Marks250 Words
Q13.

What is meant by 'justice as fairness'? Explain the basic tenets of Rawls' theory of justice.

How to Approach

This question requires a detailed explanation of John Rawls’ theory of ‘Justice as Fairness’. The answer should begin by defining the concept and then systematically outlining its core tenets: the original position, the veil of ignorance, the principles of justice (lexical priority), and their implications. Illustrative examples can be used to clarify complex ideas. A structured approach, focusing on each tenet separately, will ensure a comprehensive response.

Model Answer

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Introduction

John Rawls’ ‘Justice as Fairness’, presented in his seminal work *A Theory of Justice* (1971), represents a significant contribution to contemporary political philosophy. It attempts to provide a moral basis for a just society, moving beyond utilitarian or purely rights-based approaches. Rawls’ theory seeks to determine the fundamental principles that free and rational individuals would agree upon to structure a society, ensuring fairness and equality. It’s a contractarian approach, reimagining the social contract in a way that prioritizes the least advantaged. This theory remains highly influential in debates surrounding distributive justice, political liberalism, and social welfare policies.

The Core Tenets of Rawls’ Theory

Rawls’ ‘Justice as Fairness’ rests on several interconnected ideas. These can be broadly categorized into the hypothetical construct of the ‘Original Position’, the ‘Veil of Ignorance’, and the resulting ‘Principles of Justice’.

1. The Original Position

The Original Position is a thought experiment where individuals, prior to any societal structure, come together to decide on the principles of justice that will govern their future society. It’s not a state of nature, but a purely hypothetical scenario designed to ensure impartiality. Individuals are considered ‘free and equal’ and are motivated by their own rational self-interest.

2. The Veil of Ignorance

Central to the Original Position is the ‘Veil of Ignorance’. This crucial element stipulates that individuals in the Original Position are unaware of their future characteristics – their social status, wealth, talents, intelligence, gender, race, or even their conception of the good life. This deliberate ignorance prevents individuals from designing a society that favors their particular interests. The veil forces them to consider the interests of everyone, including the least advantaged, as they could potentially *be* anyone.

3. The Principles of Justice

Rawls argues that rational individuals under the Veil of Ignorance would inevitably agree upon two fundamental principles of justice:

a) The First Principle: The Principle of Equal Basic Liberties

This principle asserts that each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others. These liberties include political participation (right to vote, freedom of speech), freedom of thought, freedom of conscience, and the right to personal property. This principle takes lexical priority over the second principle, meaning basic liberties must be secured before any considerations of social and economic inequalities are addressed.

b) The Second Principle: The Difference Principle & Fair Equality of Opportunity

The Second Principle has two parts:

  • Fair Equality of Opportunity: Positions and offices are to be open to everyone under conditions of fair equality of opportunity. This means that individuals with similar talents and abilities should have an equal chance to attain desirable positions, regardless of their social background.
  • The Difference 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. This principle justifies inequalities only if they ultimately benefit those who are worst off.

4. Lexical Priority

Rawls emphasizes that these principles are not merely ranked; they have ‘lexical priority’. This means that the First Principle (basic liberties) takes absolute precedence. No amount of social or economic benefit can justify restricting basic liberties. Similarly, within the Second Principle, Fair Equality of Opportunity takes precedence over the Difference Principle.

Example

Consider a society deciding on its tax policy. A highly progressive tax system might generate significant revenue for social programs benefiting the least advantaged. However, if the tax rates are so high that they stifle economic growth and ultimately reduce overall prosperity, the Difference Principle might not be satisfied. Furthermore, if the tax system is perceived as unfair or discriminatory, it could violate the principle of Fair Equality of Opportunity.

Conclusion

Rawls’ ‘Justice as Fairness’ offers a powerful and influential framework for thinking about justice in a modern society. By grounding principles of justice in a hypothetical agreement reached under conditions of impartiality, Rawls attempts to overcome the biases inherent in existing social structures. While the theory has faced criticisms – regarding its feasibility and the assumptions underlying the Original Position – it continues to shape debates on social justice, political philosophy, and the role of government in ensuring a fair and equitable society. Its emphasis on the least advantaged remains a crucial ethical consideration in policy-making.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Contractarianism
A theory in moral and political philosophy that posits that moral and political principles are justified by the hypothetical consent of individuals.
Lexical Priority
A ranking of principles where a higher-ranked principle takes absolute precedence over lower-ranked ones, regardless of the potential benefits of violating the higher principle.

Key Statistics

According to the World Bank, in 2022, the Gini coefficient (a measure of income inequality) for the United States was 0.415, indicating relatively high income inequality.

Source: World Bank, 2022 data

In 2021, the top 1% of the global population owned 45.8% of the world’s wealth.

Source: Credit Suisse Global Wealth Report 2021 (knowledge cutoff 2023)

Examples

Affirmative Action

Affirmative action policies, designed to address historical discrimination, can be seen as attempts to implement Rawls’ principle of Fair Equality of Opportunity by providing preferential treatment to disadvantaged groups.

Frequently Asked Questions

Is Rawls’ theory utopian?

Critics argue that Rawls’ theory is utopian because it relies on unrealistic assumptions about human rationality and impartiality. However, proponents argue that it provides a valuable ideal to strive for, even if it is never fully achievable.

Topics Covered

PhilosophyPolitical ScienceRawlsJusticePolitical Philosophy