John Rawls: Theory of Justice


John Rawls (1921–2002) was one of the most influential political philosophers of the twentieth century. His work played a major role in the revival of contemporary normative political philosophy. His most influential book, A Theory of Justice (1971), developed the idea of “Justice as Fairness.”


Rawls attempted to establish principles of justice for a democratic society in which citizens are regarded as free and equal persons. His theory deals especially with the relationship between liberty, equality, opportunity, and social and economic inequality.





1. John Rawls: Introduction


John Bordley Rawls was an American political philosopher. His political philosophy is primarily concerned with the question:


What principles should govern the basic institutions of a just society?


Rawls considers society to be a system of social cooperation among free and equal citizens. Since people are born into different social and economic circumstances and possess different abilities and talents, the distribution of rights, opportunities, income and wealth becomes a major question of justice.


Rawls therefore asks us to imagine a situation in which people must choose the fundamental principles of society without knowing what position they themselves will occupy in that society.


This hypothetical situation is called the Original Position.





2. Justice as Fairness


The central idea of Rawls's theory is Justice as Fairness.


Rawls argues that the principles governing society should be selected under conditions that are themselves fair.


A just society should ensure:


equal basic liberties;


fair opportunities;


protection of the least advantaged;


fair terms of social cooperation;


respect for the dignity and self-respect of citizens.



Rawls does not equate justice with complete equality. Instead, he tries to establish conditions under which certain inequalities can be justified.





3. Rawls and Utilitarianism


Rawls developed his theory partly as an alternative to utilitarianism.


Utilitarianism generally evaluates social arrangements according to their contribution to overall or aggregate welfare.


Rawls objects that such an approach could potentially allow the interests or liberties of some people to be sacrificed for the greater aggregate benefit of others.


For Rawls, individuals are separate persons with their own rights and claims.


Therefore, the basic liberties of one person cannot simply be sacrificed because doing so would increase the total welfare of society.


This is an important difference between Rawls's theory and utilitarianism.





4. Original Position


The Original Position is a hypothetical situation in which representatives of citizens choose the fundamental principles that will regulate society.


It is not a historical event.


It is a philosophical device used by Rawls to model a fair procedure for choosing principles of justice.


The individuals in the Original Position are:


rational;


free;


equally situated;


capable of understanding general facts about society;


concerned with securing the primary social goods necessary for pursuing their lives.



However, they do not know their particular circumstances because they are placed behind the Veil of Ignorance.





5. Veil of Ignorance


The Veil of Ignorance is perhaps Rawls's most famous concept.


Behind the veil, individuals do not know important facts about their own identity or social position.


They do not know:


their social class;


their economic status;


their family background;


their natural talents;


their intelligence;


their gender;


their particular social position;


their religious beliefs;


their conception of the good;


their generation.



They do, however, know general facts about human society, economics, politics and psychology.


Purpose of the Veil of Ignorance


Its main purpose is to prevent individuals from choosing principles that favour their own particular circumstances.


For example, if you knew that you would be born into a wealthy family, you might favour principles protecting wealth. If you knew that you would be poor, you might favour extensive redistribution.


But if you do not know whether you will be rich or poor, you have a reason to choose principles that are fair to everyone.


Thus, the veil of ignorance establishes impartiality and equality in the selection of principles of justice.





6. Primary Social Goods


Rawls introduces the concept of Primary Social Goods.


These are goods that individuals generally require to pursue their different conceptions of a good life.


They include:


1. Basic rights and liberties



2. Freedom of movement and choice of occupation



3. Powers and opportunities



4. Income and wealth



5. The social bases of self-respect




People may have different religions, goals and conceptions of happiness, but these goods are generally useful to individuals regardless of their particular life plans.





7. The Two Principles of Justice


The most important part of Rawls's theory is his Two Principles of Justice.


In their basic form, they are:


First Principle


Each person is to have an equal right to the most extensive system of basic liberties compatible with a similar system of liberties for all.


Second Principle


Social and economic inequalities are to satisfy two conditions:


First, offices and positions must be open to all under conditions of fair equality of opportunity.


Second, inequalities must be arranged so that they provide the greatest benefit to the least advantaged members of society.


The second condition is known as the Difference Principle.





8. First Principle: Equal Basic Liberties


The first principle protects fundamental liberties.


These include:


freedom of thought;


freedom of conscience;


freedom of religion;


freedom of speech;


freedom of association;


political participation;


voting rights;


freedom of assembly;


personal liberty;


protection under the rule of law.



These liberties must be distributed equally among citizens.


Rawls therefore gives special importance to equal political and civil liberty.





9. Priority of Liberty


Rawls gives the first principle a special priority.


Economic benefits cannot simply be exchanged for basic political and civil liberties.


For example, a government cannot justify restricting people's fundamental political rights merely by claiming that such restrictions will produce greater economic prosperity.


This is known as the priority of liberty.


Thus:


Basic Liberty → has priority over economic and social advantages.





10. Second Principle of Justice


The second principle deals primarily with social and economic inequalities.


Rawls does not argue that every person must have exactly the same income, wealth or social position.


Instead, inequalities are permissible only when they satisfy two requirements:


1. Fair Equality of Opportunity


Positions and offices must be genuinely open to all.


2. Difference Principle


Inequalities must benefit the least advantaged.


Both components are therefore essential to Rawls's second principle.





11. Fair Equality of Opportunity


Rawls distinguishes formal equality of opportunity from fair equality of opportunity.


Formal Equality


A position is legally open to everyone.


For example, a university examination may be officially open to all candidates.


But people may enter the competition with very different educational and economic resources.


One person may have:


better schools;


private tutoring;


greater educational resources;


better access to technology.



Another person may lack these advantages.


Therefore, simply declaring an opportunity legally open does not necessarily establish genuine equality.


Fair Equality of Opportunity


Rawls argues that people with similar abilities and willingness to use them should have similar prospects of success, regardless of their social class or family background.


This is a much stronger concept than merely formal equality.





12. Difference Principle


The Difference Principle is one of Rawls's most distinctive contributions.


Rawls accepts that social and economic inequalities can exist.


However, such inequalities are justified only if they improve the position of the least advantaged.


In simple terms:


> Inequality is permissible only when it works to the greatest benefit of those who are least advantaged.




Therefore, Rawls does not demand complete economic equality.


He asks whether the institutional arrangement produces the best attainable position for the least advantaged.





13. Example of the Difference Principle


Consider two hypothetical systems:


System A


Higher-income group: ₹10 lakh


Lower-income group: ₹2 lakh



System B


Higher-income group: ₹20 lakh


Lower-income group: ₹4 lakh



System B contains greater inequality.


However, if System B raises the position of the least advantaged from ₹2 lakh to ₹4 lakh, the inequality may be justified under the Difference Principle.


Therefore, Rawls's question is not simply:


“Is everyone equal?”


Rather:


“Does the social arrangement improve the position of the least advantaged?”





14. The Least Advantaged


The least advantaged occupy a central position in Rawls's theory.


These are people who possess relatively fewer relevant primary social goods.


The basic institutions of society should be organised in such a way that inequalities do not leave these people in an inferior position.


This is why Rawls's theory is concerned not merely with average prosperity but also with the position of those at the bottom of the social distribution.





15. Maximin Principle


Rawls's reasoning in the Original Position is sometimes associated with the maximin principle.


Maximin means:


Maximise the minimum position.


Behind the veil of ignorance, people do not know whether they will eventually occupy a privileged or disadvantaged position.


Therefore, they have a reason to choose principles that make the worst social position as favourable as possible.


The idea can be expressed simply as:


“Choose principles that remain acceptable even if you eventually occupy the least advantaged position.”


However, Rawls's argument for the Difference Principle is not simply identical to an ordinary worst-case decision rule; it depends on the specific conditions of the Original Position.





16. Lexical Priority


Rawls establishes a particular order between his principles.


The basic order is:


1. Equal Basic Liberties



2. Fair Equality of Opportunity



3. Difference Principle


This means economic advantages cannot be used to justify sacrificing fundamental liberties.


Similarly, economic benefits cannot justify ignoring fair equality of opportunity.


This ordering is called lexical priority.





17. Basic Structure of Society


Rawls's theory primarily concerns the basic structure of society.


The basic structure includes major institutions such as:


the constitution;


legal institutions;


political institutions;


economic institutions;


property arrangements;


education;


major social institutions.



These institutions have a profound influence on people's life prospects.


For example, a person's opportunities can be strongly affected by:


the education system;


the distribution of wealth;


property arrangements;


political rights;


access to employment.



Therefore, Rawls believes that the basic structure must satisfy principles of justice.





18. Natural Talents and Social Circumstances


People differ in their natural abilities and in the circumstances into which they are born.


Some people may possess greater:


intelligence;


physical ability;


talent;


skills.



People are also born into different:


families;


social classes;


economic circumstances;


cultural environments.



Rawls regards these circumstances as largely morally arbitrary because individuals do not choose them.


Being born into a wealthy family, for example, is not something a person earns through personal effort.


Therefore, social institutions should not simply allow arbitrary advantages to determine people's life chances.





19. Natural Talents as a Common Asset


Rawls argues that the distribution of natural talents can be regarded as a kind of common asset in the institutional sense.


This does not mean that individuals lose ownership of their abilities.


Rather, the institutional system should arrange the benefits arising from different talents in a way that contributes to fair social cooperation and benefits the least advantaged.


Thus, differences in natural ability can produce unequal rewards, but the resulting inequalities must satisfy the principles of justice.





20. Self-Respect


Self-respect has a special place in Rawls's theory.


The social bases of self-respect are included among the primary social goods.


A just society should allow citizens to regard themselves as:


equal members of society;


worthy of respect;


capable of pursuing their legitimate aims;


participants in social cooperation.



Therefore, justice is not simply about distributing money and material resources.


It is also about maintaining the equal civic status and dignity of citizens.





21. Justice and Equality


Rawls does not identify justice with complete equality.


His theory attempts to combine:


Liberty + Equality + Fair Opportunity + Social Justice


He supports equal basic liberties while allowing certain social and economic inequalities when those inequalities satisfy the Difference Principle.


Thus, Rawls attempts to reconcile liberalism and egalitarian concerns.





22. Reflective Equilibrium


Reflective Equilibrium is an important methodological idea associated with Rawls.


It involves seeking coherence between:


considered moral judgments;


general principles;


particular cases;


broader theoretical commitments.



If a proposed principle conflicts with deeply considered judgments, either the principle or the judgment may need to be reconsidered.


The aim is to arrive at a coherent relationship between moral judgments and principles.





23. Political Liberalism


Rawls developed his theory further in Political Liberalism (1993).


He recognised that modern democratic societies contain deep differences concerning:


religion;


morality;


philosophy;


conceptions of the good life.



Citizens can reasonably disagree about these questions.


Rawls therefore sought a political conception of justice that could be accepted by citizens holding different comprehensive doctrines.





24. Reasonable Pluralism


Reasonable Pluralism refers to the fact that a free democratic society will contain different reasonable religious, philosophical and moral doctrines.


This diversity is not necessarily a sign of political failure.


It can arise naturally from the exercise of freedom of thought and conscience.


Therefore, a democratic political order must find principles capable of being accepted despite such differences.





25. Overlapping Consensus


The concept of Overlapping Consensus is central to Rawls's later political philosophy.


Different groups may have different comprehensive doctrines but still support the same fundamental political principles.


For example:


one citizen may support freedom of conscience for religious reasons;


another may support it on secular philosophical grounds;


another may support it because of individual autonomy.



Their underlying reasons differ, but they may nevertheless agree on the political principle of freedom of conscience.


This shared agreement is an overlapping consensus.





26. Public Reason


Rawls also develops the idea of Public Reason.


In discussions concerning fundamental constitutional questions and basic justice, citizens should appeal to reasons that can be understood and evaluated by other citizens as free and equal members of a democratic society.


Public reason is therefore closely connected with:


constitutional democracy;


political legitimacy;


mutual respect;


democratic deliberation.






27. Property-Owning Democracy


Rawls discusses property-owning democracy as an institutional arrangement compatible with his principles of justice.


Its purpose is not merely to redistribute income after wealth has become highly concentrated.


Instead, it seeks a broader distribution of productive resources and opportunities so that citizens can participate as relatively independent and equal members of society.


This makes the distribution of property and productive resources an important issue in Rawls's theory.





28. Rawls's Major Critics


Robert Nozick


In Anarchy, State, and Utopia (1974), Robert Nozick criticised Rawls's distributive approach.


Nozick developed an Entitlement Theory based on:


justice in acquisition;


justice in transfer;


rectification of injustice.



His approach places greater emphasis on individual property rights and historical entitlement.





Michael Sandel


Michael Sandel criticised Rawls's conception of the individual.


Sandel argued that people cannot be understood completely independently of:


community;


history;


traditions;


relationships;


social attachments.



This forms part of the broader communitarian criticism of Rawls.





Michael Walzer


Michael Walzer criticised theories that seek one universal principle for distributing all social goods.


In Spheres of Justice, he argued that different social goods may have different meanings and therefore may require different principles of distribution.





Feminist Criticism


Feminist scholars have raised questions about:


gender inequality;


family relationships;


unpaid care work;


unequal domestic responsibilities;


the relationship between private and public justice.



These criticisms broaden the debate about what should count as the basic structure of justice.





29. Importance of Rawls


Rawls made major contributions to contemporary political philosophy.


His importance includes:


1. Reviving normative political philosophy.



2. Developing a systematic theory of justice.



3. Providing an alternative to utilitarianism.



4. Defending equal basic liberties.



5. Developing the Original Position.



6. Developing the Veil of Ignorance.



7. Formulating the Difference Principle.



8. Emphasising Fair Equality of Opportunity.



9. Giving special attention to the least advantaged.



10. Treating self-respect as an important primary social good.



11. Connecting justice with constitutional democracy.



12. Developing Political Liberalism.



13. Explaining Reasonable Pluralism.



14. Developing the concept of Overlapping Consensus.



15. Providing a framework for thinking about justice in a pluralistic democratic society.






30. Rawls's Major Works in Chronological Order


Year Work Main Theme


1971 A Theory of Justice Justice as Fairness

1980 Kantian Constructivism in Moral Theory Kantian constructivism

1985 Justice as Fairness: Political, Not Metaphysical Political conception of justice

1993 Political Liberalism Pluralism and democratic legitimacy

1999 The Law of Peoples International political justice

1999 A Theory of Justice: Revised Edition Revised formulation of his theory

2001 Justice as Fairness: A Restatement Restatement of justice as fairness

2007 Lectures on the History of Political Philosophy History of political philosophy






31. Important Terms for UGC NET / SLET / Competitive Exams


Term Meaning


Justice as Fairness Rawls's central conception of justice

Original Position Hypothetical situation for choosing principles of justice

Veil of Ignorance Condition in which one's particular social circumstances are unknown

Primary Social Goods General goods needed to pursue one's conception of the good

Equal Basic Liberties Equal fundamental liberties for citizens

Fair Equality of Opportunity Genuine equality of prospects regardless of social background

Difference Principle Inequalities should benefit the least advantaged

Least Advantaged

Those with the least favourable position regarding relevant primary goods

Maximin

Maximising the minimum position

Lexical Priority

The ordered priority among Rawls's principles

Reflective Equilibrium

Coherence between considered judgments and principles

Reasonable Pluralism

Existence of diverse reasonable comprehensive doctrines

Overlapping Consensus

Agreement on political principles despite different comprehensive doctrines

Public Reason

Shared forms of political reasoning appropriate to constitutional democracy

Property-Owning Democracy

Institutional arrangement involving broad distribution of productive resources




32. Quick Revision

Rawls's Theory in One Sequence

Original Position

Veil of Ignorance

Selection of Principles of Justice

First Principle: Equal Basic Liberties

Second Principle

Fair Equality of Opportunity + Difference Principle

Benefit to the Least Advantaged

Key formula

Liberty → Fair Opportunity → Least-Advantaged Benefit

Most important books

A Theory of Justice (1971) → Justice as Fairness

Political Liberalism (1993) → Reasonable Pluralism & Overlapping Consensus

The Law of Peoples (1999) → International Justice

Justice as Fairness: A Restatement (2001) → Restatement of the theory






Standard Sources

John Rawls, A Theory of Justice

John Rawls, Political Liberalism

John Rawls, The Law of Peoples

John Rawls, Justice as Fairness: A Restatement

Will Kymlicka, Contemporary Political Philosophy

Andrew Heywood, Political Theory: An Introduction

Robert Nozick, Anarchy, State, and Utopia

Michael Sandel, Liberalism and the Limits of Justice

Michael Walzer, Spheres of Justice



Comments