Analysis Of John Rawls Veil Of Ignorance

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How to Make Fair Laws: John Rawls and the Veil of Ignorance

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Rawls taught there until when he received a Fulbright Fellowship to Oxford University Christ Church , where he was influenced by the liberal political theorist and historian Isaiah Berlin and the legal theorist H. After returning to the United States he served first as an assistant and then associate professor at Cornell University. In , he became a full professor of philosophy at Cornell, and soon achieved a tenured position at MIT. That same year, he moved to Harvard University , where he taught for almost forty years and where he trained some of the leading contemporary figures in moral and political philosophy, including Thomas Nagel , Allan Gibbard , Onora O'Neill , Adrian Piper , Arnold Davidson , Elizabeth S. Hill Jr. Rawls seldom gave interviews and, having both a stutter partially caused by the deaths of two of his brothers, who died through infections contracted from Rawls [32] and a "bat-like horror of the limelight," [33] did not become a public intellectual despite his fame.

He instead remained committed mainly to his academic and family life. In , he suffered the first of several strokes, severely impeding his ability to continue to work. He was nevertheless able to complete The Law of Peoples , the most complete statement of his views on international justice, and published in shortly before his death Justice As Fairness: A Restatement , a response to criticisms of A Theory of Justice. Rawls died on November 24, , at age 81, and was buried at the Mount Auburn Cemetery in Massachusetts. He was survived by his wife, Mard Rawls, [34] and their four children, and four grandchildren.

Rawls published three main books. The first, A Theory of Justice , focused on distributive justice and attempted to reconcile the competing claims of the values of freedom and equality. The second, Political Liberalism , addressed the question of how citizens divided by intractable religious and philosophical disagreements could come to endorse a constitutional democratic regime. The third, The Law of Peoples , focused on the issue of global justice. A Theory of Justice , published in , aimed to resolve the seemingly competing claims of freedom and equality. The shape Rawls's resolution took, however, was not that of a balancing act that compromised or weakened the moral claim of one value compared with the other. Rather, his intent was to show that notions of freedom and equality could be integrated into a seamless unity he called justice as fairness.

By attempting to enhance the perspective which his readers should take when thinking about justice, Rawls hoped to show the supposed conflict between freedom and equality to be illusory. Rawls's A Theory of Justice includes a thought experiment he called the " original position. When we think about what it would mean for a just state of affairs to obtain between persons, we eliminate certain features such as hair or eye color, height, race, etc. Rawls's original position is meant to encode all of our intuitions about which features are relevant, and which irrelevant, for the purposes of deliberating well about justice.

The original position is Rawls' hypothetical scenario in which a group of persons is set the task of reaching an agreement about the kind of political and economic structure they want for a society, which they will then occupy. Each individual, however, deliberates behind a " veil of ignorance ": each lacks knowledge, for example, of his or her gender, race, age, intelligence, wealth, skills, education and religion. The only thing that a given member knows about themselves is that they are in possession of the basic capacities necessary to fully and wilfully participate in an enduring system of mutual cooperation; each knows they can be a member of the society.

Rawls posits two basic capacities that the individuals would know themselves to possess. First, individuals know that they have the capacity to form, pursue and revise a conception of the good, or life plan. Exactly what sort of conception of the good this is, however, the individual does not yet know. It may be, for example, religious or secular, but at the start, the individual in the original position does not know which. Second, each individual understands him or herself to have the capacity to develop a sense of justice and a generally effective desire to abide by it. Knowing only these two features of themselves, the group will deliberate in order to design a social structure, during which each person will seek his or her maximal advantage. The idea is that proposals that we would ordinarily think of as unjust — such as that black people or women should not be allowed to hold public office — will not be proposed, in this, Rawls' original position, because it would be irrational to propose them.

The reason is simple: one does not know whether he himself would be a woman or a black person. This position is expressed in the difference principle , according to which, in a system of ignorance about one's status, one would strive to improve the position of the worst off, because he might find himself in that position. Rawls develops his original position by modelling it, in certain respects at least, after the "initial situations" of various social contract thinkers who came before him, including Thomas Hobbes , John Locke and Jean-Jacques Rousseau. In social justice processes, each person early on makes decisions about which features of persons to consider and which to ignore. Rawls's aspiration is to have created a thought experiment whereby a version of that process is carried to its completion, illuminating the correct standpoint a person should take in his or her thinking about justice.

If he has succeeded, then the original position thought experiment may function as a full specification of the moral standpoint we should attempt to achieve when deliberating about social justice. In setting out his theory, Rawls described his method as one of " reflective equilibrium ," a concept which has since been used in other areas of philosophy. Reflective equilibrium is achieved by mutually adjusting one's general principles and one's considered judgements on particular cases, to bring the two into line with one another.

Rawls derives two principles of justice from the original position. The first of these is the Liberty Principle, which establishes equal basic liberties for all citizens. Rawls argues that a second principle of equality would be agreed upon to guarantee liberties that represent meaningful options for all in society and ensure distributive justice.

For example, formal guarantees of political voice and freedom of assembly are of little real worth to the desperately poor and marginalized in society. Demanding that everyone have exactly the same effective opportunities in life would almost certainly offend the very liberties that are supposedly being equalized. Nonetheless, we would want to ensure at least the "fair worth" of our liberties: wherever one ends up in society, one wants life to be worth living, with enough effective freedom to pursue personal goals. Thus participants would be moved to affirm a two-part second principle comprising Fair Equality of Opportunity and the famous and controversial [39] difference principle. This second principle ensures that those with comparable talents and motivation face roughly similar life chances and that inequalities in society work to the benefit of the least advantaged.

Rawls held that these principles of justice apply to the "basic structure" of fundamental social institutions such as the judiciary, the economic structure and the political constitution , a qualification that has been the source of some controversy and constructive debate see the work of Gerald Cohen. Relational approaches to the question of justice, by contrast, seek to examine the connections between individuals and focuses on their relations in societies, with respect to how these relationships are established and configured. Rawls further argued that these principles were to be 'lexically ordered' to award priority to basic liberties over the more equality-oriented demands of the second principle. This has also been a topic of much debate among moral and political philosophers.

Finally, Rawls took his approach as applying in the first instance to what he called a "well-ordered society In Political Liberalism , Rawls turned towards the question of political legitimacy in the context of intractable philosophical, religious, and moral disagreement amongst citizens regarding the human good. Such disagreement, he insisted, was reasonable — the result of the free exercise of human rationality under the conditions of open enquiry and free conscience that the liberal state is designed to safeguard. The question of legitimacy in the face of reasonable disagreement was urgent for Rawls because his own justification of Justice as Fairness relied upon a Kantian conception of the human good that can be reasonably rejected. If the political conception offered in A Theory of Justice can only be shown to be good by invoking a controversial conception of human flourishing, it is unclear how a liberal state ordered according to it could possibly be legitimate.

The intuition animating this seemingly new concern is actually no different from the guiding idea of A Theory of Justice , namely that the fundamental charter of a society must rely only on principles, arguments and reasons that cannot be reasonably rejected by the citizens whose lives will be limited by its social, legal, and political circumscriptions. In other words, the legitimacy of a law is contingent upon its justification being impossible to reasonably reject.

This old insight took on a new shape, however, when Rawls realized that its application must extend to the deep justification of Justice as Fairness itself, which he had presented in terms of a reasonably rejectable Kantian conception of human flourishing as the free development of autonomous moral agency. The core of Political Liberalism, accordingly, is its insistence that, in order to retain its legitimacy, the liberal state must commit itself to the "ideal of public reason. Political reasoning, then, is to proceed purely in terms of "public reasons. This is because reasons based upon the interpretation of sacred text are non-public their force as reasons relies upon faith commitments that can be reasonably rejected , whereas reasons that rely upon the value of providing children with environments in which they may develop optimally are public reasons — their status as reasons draws upon no deep, controversial conception of human flourishing.

Rawls held that the duty of civility — the duty of citizens to offer one another reasons that are mutually understood as reasons — applies within what he called the "public political forum. Campaigning politicians should also, he believed, refrain from pandering to the non-public religious or moral convictions of their constituencies. The ideal of public reason secures the dominance of the public political values — freedom, equality, and fairness — that serve as the foundation of the liberal state. But what about the justification of these values? Since any such justification would necessarily draw upon deep religious or moral metaphysical commitments which would be reasonably rejectable, Rawls held that the public political values may only be justified privately by individual citizens.

The public liberal political conception and its attendant values may and will be affirmed publicly in judicial opinions and presidential addresses, for example but its deep justifications will not. The task of justification falls to what Rawls called the "reasonable comprehensive doctrines" and the citizens who subscribe to them. A reasonable Catholic will justify the liberal values one way, a reasonable Muslim another, and a reasonable secular citizen yet another way. One may illustrate Rawls's idea using a Venn diagram: the public political values will be the shared space upon which overlap numerous reasonable comprehensive doctrines. Rawls's account of stability presented in A Theory of Justice is a detailed portrait of the compatibility of one — Kantian — comprehensive doctrine with justice as fairness.

His hope is that similar accounts may be presented for many other comprehensive doctrines. This is Rawls's famous notion of an " overlapping consensus. Such a consensus would necessarily exclude some doctrines, namely, those that are "unreasonable," and so one may wonder what Rawls has to say about such doctrines. An unreasonable comprehensive doctrine is unreasonable in the sense that it is incompatible with the duty of civility.

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Quotation of quaid e azam essay in english. The easiest trade-offs to analyze involve our own decisions. Typically, negotiation analysis focuses on what is best for a specific negotiator. But to the extent that you care about others and society at large, your decisions in negotiation should tilt toward trying to create value for all parties. Imagine that you and your partner decide one evening to go out to dinner and then watch a movie.

Your partner suggests dinner at an upscale Northern Italian restaurant that has recently reopened. You counterpropose your favorite pizza joint. During dinner your partner proposes that you watch a documentary; you counterpropose a comedy; and you compromise on a drama. After a good but not great evening, you both realize that because your partner cared more about dinner and you cared more about the movie, choosing the upscale Northern Italian restaurant and the comedy would have made for a better evening. This comparatively trivial example illustrates how to create value by looking for trade-offs. Negotiation scholars have offered very specific advice on ways to find more sources of value. These strategies include building trust, sharing information, asking questions, giving away value-creating information, negotiating multiple issues simultaneously, and making multiple offers simultaneously.

All the leading books on managerial negotiations highlight the need to create value while managing the risk of losing out. Whereas many experts would define negotiation ethics in terms of not cheating or lying, I define it as putting the focus on creating the most value which is of course helped by being honest. Even if your counterpart claims a bit of extra value as a result, a focus on value creation is still likely to work for you in the long run. Your losses to the occasional opportunistic opponent will be more than compensated for by all the excellent relationships you develop as an ethical negotiator who is making the world a bit better.

People tend not to think of allocating time as an ethical choice, but they should. Conversely, using it wisely to increase collective value or utility is the very definition of ethical action. Consider the experience of my friend Linda Babcock, a professor at Carnegie Mellon University, who noticed that her email was overflowing with requests for her to perform tasks that would help others but provide her with little direct benefit. Suspecting that women were being asked more often than men to perform tasks like these, Linda asked four of her female colleagues to meet with her to discuss her theory. These female professors met socially, published research, and helped one another think more carefully about where their time would create the most value.

Rather than making intuitive decisions out of a desire to be nice, you can analyze how your time, and that of others, will create the most value in the world. That may free you to say no, not out of laziness but out of a belief that you can create more value by agreeing to different requests. Allocating tasks among employees offers managers other opportunities to create value. One helpful concept is the notion of comparative advantage, introduced by the British political economist David Ricardo in Many view it as an economic idea; I think of it as a guide to ethical behavior.

Assessing comparative advantage involves determining how to allow each person or organization to use time where it can create the most value. Organizations have a comparative advantage when they can produce and sell goods and services at a lower cost than competitors do. Individuals have a comparative advantage when they can perform a task at a lower opportunity cost than others can. Everyone has a source of comparative advantage; allocating time accordingly creates the most value.

Yet the founder is dramatically more effective than all other employees at pitching the company to investors. She has an absolute advantage on technical issues, but her comparative advantage is in dealing with external constituencies, and more value will be created when she focuses her attention there. The result can be a suboptimal allocation of resources and less value creation. Most organizations get higher ethical marks on some dimensions than on others. I know companies whose products make the world worse, but they have good diversity and inclusion policies.

I know others whose products make the world better, but they engage in unfair competition that destroys value in their business ecosystem. Most of us are ethically inconsistent as well. Otherwise honest people may view deception in negotiation with a client or a colleague as completely acceptable. Think about how you can influence your colleagues with the norms you set. But he also engaged in miserly, ineffective, and probably criminal behavior as a business leader, such as destroying the union at his steel mill in Homestead, Pennsylvania. More recently, this divide between good and bad is evident in the behavior of the Sackler family. The Sacklers have made large donations to art galleries, research institutes, and universities, including Harvard, with money earned through the family business, Purdue Pharma, which made billions by marketing—and, most experts argue, overmarketing—the prescription painkiller OxyContin.

By OxyContin and other opioids were responsible for the deaths of more than Americans a day. All of us should think about the multiple dimensions where we might create or destroy value, taking credit when we do well but also noticing opportunities for improvement. We tend to spend too little time on the latter task. When I evaluate various aspects of my life, I can identify many ways in which I have created value for the world.

Yet I can also see where I might have done far better. My plan is to do better next year than last year. I hope you will find similar opportunities in your own life. Leaders can do far more than just make their own behavior more ethical. Because they are responsible for the decisions of others as well as their own, they can dramatically multiply the amount of good they do by encouraging others to be better.