PSIR 143

Conti… Rawls principle of justice

Thus Rawls will support policy like progressives taxation or CSR to help the disadvantages and
according to Rawls, this principle are fair as utilitarianism is unfair to poor and socialism is unfair to
rich and his principle is fair to both as it gives opportunity to the advantage to gain maximum
advantages from talent and it gives opportunity to the least advantages to improve their situation

According to Rawls, the most advantage must acknowledge that whatever they have is not just
because of their talent it is a matter of choice as they had certain advantages over others and the
most advantage must understand that society is like a chain where the weakest link is as important
as the strongest link

Without justice as fairness, there can’t be peace and harmony in the society and society is based on
the principle of reciprocity. Thus, rich should contribute towards the development of poor and poor
should recognized the rights of the rich. Both should look after each other fair term of cooperation
and they have agreed for this cooperation behind the veil of ignorance
Thus, according to Rawls, this are rational principle ie free from any bias

According to Rawls, natural distribution is neither just or unjust, they are simply natural facts. It is
not unjust that a person is born in a society in a particular society at a particular position what is
just and unjust is the way institution deals with this facts
According to Rawls, it is not just or unjust if a person is male or female, fair or dark skin, they
become just and unjust depending on how the society and the institution deals with this facts

Hence, according to Rawls, justice and unjust is a matter of social institution and it is within the
capacity of human being to change this social system based on the principle of justice as fairness

Criticism of Rawls
Rawls belong to US and it was natural for him to considered liberalism as the ultimate way of life.
Thus, his theory of justice ultimate appears to be based on the principle of justice which he project
as the most rational principle

Rawls assume that his theory of justice is most rational and should be accepted as a universal
theory of justice. However, he has been criticized by almost all school of thought: feminist, socialist,
neo-liberal communitarian(most imp)

He has been accused of propagating the hegemony of liberal discourse. Though he has tried to be
rational and impartial but he was never regarded so by others, instead he is blame as an advocator
of liberalism (by socialist)

Feminist critique
Susan Moller Okin
According to Susan moller okin, Rawls has maintain the conventional view and she along with Carol
Petman has criticized Rawls for separating public and private (Rawls has overlook the necessity of
justice in the institution of family)
Also, according to both Rawls contact is patriarchy
As Rawls held that the head of the family participated in the original position and in most of the
situation, the head of the family are men
And according to both, he should have exclusively mention the participation of women.

Carol Gillian
In her book ‘ethics of care’ has said that Rawls theory is based on patriarchal view as the value like
rights liberty are patriarchal as there are difference between in what men talks and women talks

According to her, the entire idea of justice is masculine and instead of talking about justice we
should talk about care. According to her, it is men who talk about rights, justice, while woman talks
about responsibility, duties, care
Hence, according to her, if woman will frame laws, world will be a better place to live even for men

According to her, justice is based on rationality while care is base on emotion and we live in society
where we give priority to reason over emotion. According to her, ethics of care is superior because
it will lead to peace and stability as ethics of care is focuses on human connectedness, self sacrifice
and obligation towards others.(ethics of care is criticized by feminist themselves because it is base
on essential feminism)

Marxist socialist
According to marxist scholar, Rawls theory of justice is just a vulgar defense of inequality and Rawls
should have suggested how to removed inequality rather than justifying inequality

Neo liberal
Robert Nozick has criticized Rawls for undermining human dignity and for compromising with the
liberty of man as Rawls has justified the policy like progressive taxation which according to Nozick
is like a bonded labour as Rawls is forcing someone to work for others

According to Nozick, labour is part of man personality and man should have complete right over the
product of his labour. Progressive taxation is like an aggression on man personality thus, Nozick has
product of his labour. Progressive taxation is like an aggression on man personality thus, Nozick has
given an entitlement theory of justice under which he has justified the absolute right to property as
according to him, property is not falling from heaven but a product of one’s labour and hence, man
should have complete right over his labour

Thus, like Locke, Nozick also support the idea of night watchmen state and for him, minimal state is
both inspiring and right
Wrt the right to property, state has to ensure that property is earn by the right mean, transfer and
inherited in the right manner and state should ensure that there is no force or fraud in the institution
of property

Nozick has accepted that there has been injustice in the past however, it is not possible to rectify
them all. And if we scratch the past too much in present it will do more harm than the good

Nozick has also suggested that state can intervene in one situation where persons assert right to
property in such a manner he put the life of many in danger for eg if there is a single well in a village
and well is a private property and owner is depriving others, in this situation, he is putting the life of
others in danger and hence, state can intervene and limit the right to property.

Nozick theory is just a criticism of Rawls theory of justice from libertarian point of view. It is not a
better alternative theory of Rawls theory of justice

Social liberal
Amartya sen has criticize Rawls on the following ground:
. Methodology. According to Sen, instead of rational choice social choice should have been the
criteria to give the principle of justice as rational choice is based on abstract individual taking
decision in abstract condition while social choice take into account a real person negotiating
in a real life situation