Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1
A Theory of Justice by John Rawls Reexamined

A Theory of Justice by John Rawls Reexamined

|Views: 630|Likes:
Published by Anthony J. Fejfar
This Article provides additional support for the idea of the Original Position found in John Rawls' book,
A Theory of Justice.
This Article provides additional support for the idea of the Original Position found in John Rawls' book,
A Theory of Justice.

More info:

Published by: Anthony J. Fejfar on Jan 23, 2012
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less





A Theory of Justice by John Rawls ReexaminedByAnthony 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 governmentor 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 leastas 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 thestate.The notion that each person, without exception has a natural right of liberty, anterior to thestate 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, theLaw of Logic, anterior to the state, and binding on the King and Royal Law and the EnglishCommon Law and Equity.Then, in approximately the year 1625, Grotius, the Founder of International LawJurisprudence, states that not only the Church, but God Himself, and the King, are bound by theRule of Reason. Thus, each person, without exception, has a natural right of Liberty andProperty, anterior to the state. This Legal Position, stated by Grotius was signed by the Pope, aswell 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 theLaw of England as of 1681, and thus includes the natural rights stated in Magna Charta, notedabove.Then, the Pennsylvania Constitution of 1776, states that everyone has the inherent naturalrights of Life, Liberty, Pursuit of Happiness, Property, Contract, and Reputation, and the naturalright to defend the same, with force of arms, if necessary, where such a right in anterior to thestate.Then, the American Declaration of Independence states that each person, without exception, hsa 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 withLogic, starting with sense experience, that is , with Logical Positivism, where the primaryindividual 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 statesthat there are Four, Self Evidently valid natural law principles which support individual rights,which are, Reciprocity, Utility, Proportionality, and Equity. These principles as religiously, andracially 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 Theoryof Justice,” finds support in a long standing western tradition of natural-individual rights which

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->