A Theory of Justice by John Rawls Reexamined By Anthony J. Faber, B.A., J.D., M.B.A., Phd.

, Coif Perpetual (C)Copyright by Anthony J. Fejfar and Neothomism P.C. (PA) In a Theory of Justice, (1971), John Rawls, states that a good place to evaluate government or society is The Original Position, where every person is assumed to be equal, with each person having individual rights, and with each person following his or her or hae rational self interest. In so doing, Rawls is following a long standing liberal tradition that goes back at least as far as the year 1215 in England. You see, John Rawls is essentially telling us that everyone, without exception, has a natural right of liberty, based on natural law, which is anterior to the state. The notion that each person, without exception has a natural right of liberty, anterior to the state goes back at least as far as Roman and Greek law, where the Law of Logic, which prohibited the crime of sophistry, was in force. The, of course, there is Magna Charta (1215), signed by King John of England and Pope Innocent III, making the natural rights of Life, Liberty, Property, and non-exile, without a trial by jury under the Law of the Land, that is, the Law of Logic, anterior to the state, and binding on the King and Royal Law and the English Common Law and Equity. Then, in approximately the year 1625, Grotius, the Founder of International Law Jurisprudence, states that not only the Church, but God Himself, and the King, are bound by the Rule of Reason. Thus, each person, without exception, has a natural right of Liberty and Property, anterior to the state. This Legal Position, stated by Grotius was signed by the Pope, as well as the Lutheran King of Sweden and the Catholic King of France.

Then, the, the Pennsylvania Charter of 1681, signed by King Charles II, House of Stuart, King of England, states that the Law of Pennsylvania must be in accordance with reason, that is, it must be reasonable, and that the Law of Pennsylvania, cannot substantially diverge from the Law of England as of 1681, and thus includes the natural rights stated in Magna Charta, noted above. Then, the Pennsylvania Constitution of 1776, states that everyone has the inherent natural rights of Life, Liberty, Pursuit of Happiness, Property, Contract, and Reputation, and the natural right to defend the same, with force of arms, if necessary, where such a right in anterior to the state. Then, the American Declaration of Independence states that each person, without exception, hs a natural right of Life, Liberty, and Pursuit of Happiness, anterior to the state. Then, Political Philosopher John Locke, also states that each person has the natural rights of Life, Liberty, and Property, anterior to the state in what Locke calls a State of Nature. Also, I have written that each person has a natural right of Liberty which can be proved with Logic, starting with sense experience, that is , with Logical Positivism, where the primary individual and natural right is that of Academic Freedom for all. Also, I have developed the Ethical Matrix as a Public Policy decision making tool, which states that there are Four, Self Evidently valid natural law principles which support individual rights, which are, Reciprocity, Utility, Proportionality, and Equity. These principles as religiously, and racially neutral, and support John Rawls notion of the Original Position. Also, the Law of Logic is Universally valid, and also supports John Rawls notion of the Original Position. In conclusion, then, The Original Position, as described by John Rawls, in his book, A Theory of Justice, finds support in a long standing western tradition of natural-individual rights which

are anterior to the state, and the Law of Logic and the Ethical Matrix as developed by this Author, Anthony J. Fejfar, also support Rawls Original Position.