= a bff 7) mma 4 John Rawls is an American thinker. John Rawls is basically a liberal thinker. John Rawls has presented the distrbutive theory of ust. John Rawls’ theory of distributive justice (John Rawis' Theory of Distributive Justice) John Rawls has described the theory of justice in his famous book A Theory of Justice. This book was: published in America in 1971. In America at that time, the movement for equal rights for minorities was going on with great noise, who were demanding political action for the end of radical economic He used to demand justice time and again in his speeches. Therefore, reconsideration of justice ‘was necessary in that context In the book af John Rawls, the abstract and philosophical theory of justice has been raised in such a Way, in which many important measures were suggested for policy-making in the field of tights and description of income and wealth. Rawis’ theory of justice is called the theory of distributive justice ‘There are manty Wo ypes of stice Remedial justice and distributive justice Remedial justice - is found in the decisions of judicial which are given after hearing the arguments of both the parties in a dispute. Modifier justice stems from the decisions of the courts, In corrective justice the disputes of individuals are decided by the law af the land by the court and those who violate the laws are punished according to the law. Aristotle was the first exponent of distributive justice. According to Aristotle, justice requires that equal persons should be treated equally and unequal persons should be treated unequally. The modem interpretation of distributive justice establishes an organic link between the classical norm and the particular system of ‘wealth. In this sense, distributive justice only requires equal distribution of income among equal people. Distributive justice means distribution of goods, wealth, status, opportunity, freedom and self- respect etc. are included in the goods. How these goods are distributed in aust society will depend on the principles of justice that are reflected in the system of rights and legal process and the positions that a political entity has as part of a functioning society, John Rawls’ theory of distributive justice ——_———— (John Rawis’ of Distributive Justice) In the present era, John Rawls has strongly advocated distributive justice. John Rawis' theory of distributive justice is based on the Contractarian Theory of the State. John Rawls supported the social ‘contract theory of the origin of the state given by Hobbes, Locke and Rousseau in the 17th and 18th centuries. Contractualists (contractualists) emphasized that the state is neither a gift of God nor a result of power: ‘According to the contractualists, the basis of the origin of the state is the contract, that is, of the state, Translated with (; Google Lenspo coo RAWLS ‘The creationis by a contract of agreement. According 10 Locke, when the individuals established the state by agreement, then the people gave limited rights to the state. According to Locke, at the time of agreement, individuals retained three natural rights ~ right to life, right to liberty {and right to property and other rights were handed over to the king The state has no right totake away of curtail these three rights of the individual, According to Locke, itis the duty of the state to protect these three rights of the individuall. The state has no right to control these rights. The most important of these rights is the right to property, under which free competition, free trade and freedom of contract ate included. Locke has described the freedom of contract of agreement that the function of the state is not to interfere with the freedom of individuals. Freedom to contract of agreement includes free market and open competition, John Locke says that Individuals should be left free and that ail individuals should have: equal freedom This contract theory was supported not only by John Locke but also by Adam Srrath, Herbert Spencer ete. Jobn Locke, Adam Smith, Bentham and Mill supported free trade and free economy by propounding the (6eo¥00y & eran inthe econcenc field This ology ofthese scholars proved bewelhwisher of re capiaksts and enerny of he workers. Free trade and fee conomy ae not as Good a Bey sea Becaube the barging PONE! ofthe workers is very less as compared to the capitate, Thats why workers areexploted, Sch olarsite Locke, Adam ‘Smith, Bandharn, Mill ete, were notin favor of explottalion of workers but their faults that they could not understand the character of coptsist. Captatists can creste artlicial acavtily of goods for thee personal interest OF some big industrialists tagether can establish monopoly on any one commodity of service. This ‘cases ahuge bss othe consumers and aiso feeds to exbkotaten of he workers, Workers re mundo do mare watk fo vty ess pay. The nfiyonce of ve Cantroctuaksts on John Rows clear vel, Jon Rawls famous book'A Theory of Justice was published at a time when liberalism was passing through a ‘great ones, There was a struggle for nights between white and black people Amenca. Black people were figttting foctheerghts. Atte same tne Arienca wad at War with Vieinam, This war shook Amencar Woerals The fuhuneofioeeai democracy many developed counties wae-nal tight Dssulfacton towards bom democracy ant Werotem was ansing arnong the poo workers ad farmers and «seemed that this dissatistacton should not became thereason forthe downtalof democracy and iecasm. In such a situston. the possibilty of establishment climatar dealers some counties and communs:m n some counts had ceased aia Atms tne an “importer question was rxsed whether ieratem would survive? TO save democracy and iberaksm, there: wat anced fr such apimopleolishct whch ang with democracy would aa fall the |econdme needs atthe people nhs situation, Ras took the burden of defending liberal demosracy on is shoers Joti Rawls propounded a new theory of justice in his work ‘A Theory of Justice’. This theory of justice isiso called distributive justice theory, John Rais supported « more eral democracy through the penile of juste and on the other hand provided protection tothe interests of the weaker section of the society’ According to Jon Rawls, justice Is essential fr the establishment of a good soctety: ‘Argood society cannot be teslablshed withoutjvebee. The socety n wneh there no wstce that soumty conser uncwtced ane inst society, The dabbutwe ustee theory of John Rawis con bestuced unde the folayeng headings 1. Rejection of Utilitarianism An important feature of, stohn Rawis' theory of justice is that it rejects utilitarianism. according to law, of } Translated with HOW Google Lens™ POLITIGAL THINKERS ITH SEMESTER) BA WK oor MOLE HNN #0 STF Allcan be achieved when the government works to achieve maximum happiness tu for maximum number of people. in the pursuit of maximum happiness for the maximum number of people, the interests of slaves and laborers can be sacrificed, which is not justified. Therefore, while rejecting utilitarianism, Rawls has emphasized on the Reedom of ctlzane and parcipation in toe decision-making process. 2. Problem of Judicious distribution of Primary Goods—According to Gales, the problem of justice is the problem of just distribution of primary goods, - According his opinion, the principles of justice which are accepted by the majority The distribution system that wil be used through this medium vail not only be dernocratic-but also ust, Rawls has criticized the wew of utitarians that the greatest good of the greatest number is not justified in those who use justice to achieve predetermined goals because under this principle no individual How much loss is caused, it cannot be imagined. Rawls says that the unhappiness of a sad person cannot be reduced by making happy people more happy. Therefore, it is necessary that there should be a just distribution of primary goods. Primary things are rights, freedom, income and wealth, powers, opportunities and self-respect etc. Fait distribution of primary goods will provide equal opportunities to the individuals for the development of personality and instill in them a sense of self-respect and they will try to get the maximum according to their ability through a competitive economy. 3. Vell of Ignorance - According to the contract theory, there was a time when there was neither state nor ruler. John Locke and Rousseau have called this state as'State of nature. Rawis also supported the contractarian theory Following the contractual principle, he has imagined such a basic condition according to which pebpl living in natural state should study Ignorance. Veil of ignorance) These people do not have any knowledge about their abilities and qualities and they donot even ‘now tha what crestos can Metin the soeety. But these sop ate prudent and are interested in thei development, St 3 political system should be established in Using their discretion, they come to three conclusions which maximum equal freedom js available to all (Principle of Greatest equal liberty). Second, everyone should get ‘fair equality of opportunities’ (Principle of fair). equality of opportunity) Thirdly, discrimination between individual and individual can be justified only if it can be proved that it will better the condition of the most oppressed section of the society, In this way, John Rawis has propounded three principles of justice. which are as follows- (i) First Principle of Justice - Equal Basic Freedom (First Principle of Justice Equal right to basic liberty) - According to John Rawls, the first principle Of justice is that 'all persons should have basic freedoms for the development of thelr personality Therefore all people should have equal rights. That's why in all liberal democratic countries equal rights and freedoms are given to all the citizens. These rights and freedoms include the right to political participation, freedom of thought, freedom of feligion, equality before law, right to property. right to marry and establish a family, ete. According to John Rawls, ‘The family is the natural and first unit of society. But no one has the right to have more than one wife at a time. Rawls has supported constitutional democracy based on adult franchise, (ii) Second Principle of Justice: Rule of Fair Equality of Opportunity (Second Principle of Justice: Principle of Fair Equality of Opportunity) — Another important feature of Rawls’ theory of justice Translated with ©) Google Lens weg Qu & ~~ oom amg awDis adthe buyers more orless Buy goods smal tes he pts a goods sabe beeune heels rocamploceeny ee ee ema should do such work, so that the best use of material resources ‘en emis 2 iii Sisttibution of property and wealth. That is, they should be decentralised. (4) The bi Fo Te re chouktbe wide {ult (5) Eayone shoul have equal epvortn iy asic Needs of all people must be wae ities to rise and for this there should bea proper system ipitalist system and emphasized the tight 19 property Locke did not accept any kind of restriction on the right of Property but Gales did not believe In the principle of natural rights. Rawls presented the principle of redistribution of income to face the crisis on the capitalist system. While Rawls emphasized on freedom and equality of apportunities on the one hand, on the other hand he also supported the policy of discrimination between individual and individual, Rawls says that in capitalist system people try to earn maximum profit and accurnulate wealth. But Rawls believes that the property that a person eams due tohis skill and ability, not only that person has the right but the whole society has the right because the family and society also have a hand in his success, Rawis writes, “To acquire skill or mastery requires noble qualities of character But these qualities: depend on family circurnstances, to which credit cati be taken by the individual” Itis necessary that the distribution of income and resources should be donein such a way that collective interests canbe fulfilled. A large part of the income of capitalists and industrialists goes to the goverment in the form of taxes, and the government spends the country’s security, traffic and money with this income. Apart from managing communication etc., it also provides education, health, housing and e. Taxes the unemployment allowance ete. to the public. in this way tedistribution of income takes plac; weaker sections of the society But John Rawls has warned that capitalists and industrialists should be properly taxed, Taxes can be collected from capitalists and industrialists onfy in @ certain proportion, The rate ‘of taxes should not be So high that capitalists and ndustrists top taking nterestin ther ndusines and entapses. This willstop the |cpenson cf ndustnes. Thess, according to Rawls, the limit of tax should be such that the taxpayer should be ready to pay tax easily and vailingly and should not fee any difficulty in paying tax, This wall benefit both the ‘capitalists and the general public in both the sections of the society 4, Emphasis on the concept of redress (Ethic of Redress) — According to Ravn 8 rt ies ‘ i he also says that the state principle of equality is the best concept and a just system. But aed the deprived and poor Sections itis the duty of the society to distnbute the wealth to provide maximum benefit to wi opportunities for the development of talented of the society. Rawis believed that equality of opportunity would provide ful eA xtduals. Bu tis wl] not lead to the developement ofall the nchevals of the society rather 1 will create a deprn nc the superior character that ly circumstances for — Rah man deserves a P 1 Tv asset ie efor to cultivate fart the — sorte ables him to make the eff Translated with {&} Google Lensoo cune-renai Bnd ICAL THINKERS (IVTH SEMESTER) (BAH Ky, Will happen. This ts the poor Section of the society, According to Rawls, it is also in the interest of the rich class that Its income should be transferred to the poor and the poor. Not only Inequality is found ir the society between the rich and the poor, but inequality is als0 found in the poor, Some of the poor people fulft people is so pathetic that it is difficult for thee to their minimum requirements while the condition of many poor get food. According to the state, maximum transfer of income should be done to the poorest person of the society i.e. the poorest among the poor should be helped first. The income of the state should be transferred in such a way that its maximum benefit should reach the weak and deprived sections This \s Rawls’ concept of compensation. people of the According to Rawls, market economy should be based on social justice, Talented cooky mustgel equalopportuniies fr fevslopmen, bu te aio inte areata ewe aches and ews ean be recognized only when they use their pleasant condition and talent for the welfare of poor and inferior people, . Rawts believes that the rich and jnfluential people of the Society can maintain thei position ia the society only by helping the poor and the weak. According to Raw/s, society is like a gartand and all the tich and poor people of the society are its links. The strength of the garland depends on the strength of the links. The strength of a rosary (chain) cannot be stronger than its weakest link. Therefore, Rawls says that the most poor and weak person of the soclety should be made strong and this pracess should continue till all the poor and weak people are made strong. This will not only lead to the | development of the poor and the weak, but at the same time, the prosperous and talented class will also progress more in india. many facilities have been given for the development of people belonging to scheduled castes, tribes and backward dasses,Forthe people ofthese classes placts have bean reserved in educational institutions. in goverment jobs, in Parliament and Legislatures, This system of india matches with the views of Rawls. The Supreme Court of India in an important judgment upheld the policy of reservation but also said that there is a creamy layer even among the poot Therefore those who arehigh in backward classes shoul be removed from the tof backward classes. This decision of the Supreme Court is based on the views of Rawis. The state should first help the | poor people retired fram the job. widows, orphan children, disabled. unemployment etc, That is. the poor and | deprived sections ofthe society should be compensated fret, In the woes of John Rawis, “Justice is really nota principle of reward butapnnople of damages.” Criticism of Rawls’ theory of justice (Criticiem of Rawl's Theory of Justice) Raws's justice has been severely criticized by socialists, mandsts and liberals. Rawls’ theory of justice has been criticized on the following grounds: (a) Criticism of Marxists - Marxists “5/8 ' ' Translated with @; Google LensJOHN HAWES: var (Milton Fisk) and Richard Miller (Richard Miller) are the main names, Rawis' theory of justice has been criti on the following grounds- s been criticized (1) Mancists consider capitalism to be the roat cause of all evils while Rawls t syStem. Rawls has tried to save the American capitalist syst i ae cept has supponed the privileges of capitalists thr 7 cere nn ee jie: ‘ough the principle of justice, due to which Marxists criticize the ‘theory of Rawls, (2) John Rawls did not suppart the theory of class struggle. He does not accept the class structure of the society. He does not believe that the state only protects the interests of the capitalists, nor does he agree thal the ‘capitalists always protect their interests. Rawls believes that the capitalist class will work for the welfare of the ‘general public by rising above the sentiments, but Manists strongly criticize this ideology of John Rawls. According to Marrists, the society is based on class distinction and the state only protects the interests of the capitalists and the capitalists do not work for the welfare of the people. (3) Manists have also criticized Rawis' theory of justice on the ground that this theory is directly and indirectly a supporter of the capitalist system Rawls propounded this theory to save capitalism in America. Marxists are in favor of ending capitalism, whereas it is not possible to end capitalism by following the theory of Rawls, (4) Rawls has not supparted the theory of class struggle whereas according to Marxists the class structure of society can be changed only through struggle. According to Milton Fisk, "Conflict theory has opened our eyes. Now our illusion is over. Contract theory and conflict theory are completely ‘opposite to each other” Marxists such as Milton Fisk and Richard W. Miller have described Rawls’ theory of justice as a protector of the capitalists, ignoring class divisions, an obstacte to socialism, and an opponent of revolutionary change. (8) Criticism by Liberals — Liberals have criticized Rawls’ principles of justice. has been criticized on the following grounds: (1) According to critics, Rawis’ theory of justice is not anew theory. Rawis has tried to justify the liberal tradition itself by his hard work. (2) Liberals have not accepted Rawis' theory as complete ly rational the theory of social contract just a hypothesis. Rawis theory of vail of ignorance ts also not rational (@) According to Macpherson, Ravis talked about politcal justice but he Sid not PSY ‘attention to economic justice. He remained to prove that inequalities are justified in te: capitalist system exploited lassisan exception. According to Macpherson, Rawss theory of juste !S ane vas created tohide the inequalives and exploitation af the captalist system and scientific. He has called of charity which Struggle is thus antithetical the narticipations. St eae Google Lens Translated with f°~~ ie MOUERW'S WESTERN POLITICAL THOMKERS (VTH SEMESTER) BA niu x, (4) Uberats have crtcized Ravi’ theory of ustice wayng that there ae mary meens of preston inthe society ‘mnerons Rave nas cly talked about redistribution of mcome. Rawls cnt dlscuRe the various souces of potical Powe! organization and distribution of state power (5) Brian Barry has criticized Rawis' theoty of justice saying that his ‘theory of justice is Nol effective becalise many of his arguments are baseless. His theory of justice |s full of arguments and he has given similar arguments at different ige in which he swings between ideal Rawls’ theory of justice |s 3 suy Supporter of Westernism. Places. Brian Berry says that all his planning is a and necessity In short, porter of the capitalist system, an opponent of revolutionary change and Conclusion - Undoubtedly, Marists and Liberals have severely criticized Rawls’ distributive theory of Iwstlee, but it does not mean that Raws's theory of justice is Of no importance, Maruets have a diferent perspective: regarding the state and society, which cannot be Completely agreed upon, Therefore, ail the eri haory of justice are not correct, The importance of Rawle’ theory of justice sms of the Marxists of Ravws' tl {8 clear from the following points- (1) First, John Rawls is not a supporter of status quo, He has emphasized the need far change in the socio- Stenomic conditions so that the economic daparities are eradicated and the way forthe development of the indiviuat's Personality § Paved, He Wants to improve the society by providing education health and other facilities tothe citizens in thesociety (I stcer. Jom Raw hs arphonanen te sound deagect nent abso a est lana teteen ery and equality. (9) Thirdly, John Rawis has tried to establish coordination between socialism and capitalism, ‘through the Prineiple of justice. Ithas supported a system which, while being capitalists inspired by the ideals of socalsm (4) Fourthly the importance of Rawls theory of justice les inthe fact that he has emphasized en the welfare of the ocr and the weaker sections of the society tn this way, Rawls has supported the welfare form ofthe state through the principle of justice. (5) Fifth the greatest importance of John Rawis' theory of justice is that he has supported constitutional democracy. His theory of justice coincides with the ‘theory of liberalism and democracy, as Steven Lukes has said, "Each political theory, and especially the theory of justice, exposes a particular Political and moral point of view. An important achievement of Rawls It is that he created a theory of justice Which is compatible with the ideal of liberalism and democracy. 'n shor, John Rawts has propounded a theory of justice that is consistent with the requirements of a liberal democratic welfare state. He believes in regulation by some measures of free economy. 4 According to Rawls, “If law and government function effectively in such a way that Translated with {®) Google LensIf market competition remains perfect. resources are fully utilized, wealth and wealth are widaly and timely distributed and an appropriate social minimum is maintained, then if equality of opportunity is quaranteed, which is guaranteed by “for All then The resulting distribution will be just. QUESTIONS FOR UNIVERSITY EXAMINATION 1. Critically describe the theary of distributive justice of John Rawls. (K.U.K. 2012) (Critically discusses John Rawls Theory of Distributive Justice.). 2. Describe the distributive justice theory of John Rawls, On what grounds is this theory criticized? an aR RB 7 (K.UK. 2014) (Discuss John Rawls Theory of distributive justice. On what basis you can criticize this theory?) Explain in detail the theory of distributive justice of John Ram's. (Describe (K.U.K. 2013) John Rawls Theory of Distributive Justice.) Describe the distributive justice theory of John Rawls. On what grounds can you criticize this theory? is you can criticize Theory of Distributive Justice. On what basi (K.U.K. 2015) {Disscus John Rawls this theory ?) / Critically explain the theory of distributive justice of John Rawls. (Critically discusses n Rawis theory of Dist ributive Justice.) (C.D.L.U. 2015) Joh