Justice as Fairness

"Justice is the first virtue of social institutions, as truth is of systems of thought." John Rawls, A Theory of Justice, 3

"[A] society is well-ordered when it is not only designed to advance the good of its members but when it is also effectively regulated by a public conception of justice." 4-5

"[W]e are to imagine that those who engage in social cooperation choose together, in one joint act, the principles which are to assign basic rights and duties to and to determine the division of social benefits. Men are to decide in advance how they are to regulate their claims against one another and what is to be the foundation charter of their society. Just as each person must decide by rational reflection what constitutes his good, that is, the system of ends which it is rational for him to pursue, so a group of persons must decide once and for all what is to count among them as just and unjust." 11-12

"[A] society satisfying the principles of justice as fairness comes as close as a society can to being a voluntary scheme, for it meets the principles which free and equal persons would assent to under circumstances that are fair." 13

"[T]he principle of utility is incompatible with the conception of social cooperation among equals for mutual advantage. It appears to be inconsistent with the idea of reciprocity implicit in the notion of a well-ordered society. ...[P]ersons in the initial situation would choose two rather different principles [from the principle of utility]: the first requires equality in the assignment of basic rights and duties, while the second holds that social and economic inequalities, for example inequalities of wealth and authority, are just only if they result in compensating benefits for everyone, and in particular for the least advantaged member of society. These principles rule out justifying institutions on the ground that the hardships of some are offset by a greater good in the aggregate. It may be expedient but it is not just that some should have less in order that others may prosper. But there is no injustice in the greater benefits earned by a few provided that the situation of persons not so fortunate is thereby improved. The intuitive idea is that since everyone's well-being depends upon a scheme of cooperation without which no one could have a satisfactory life, the division of advantages should be such as to draw forth the willing cooperation of everyone taking part in it, including those less well situated. ... The two principles mentioned seem to be a fair agreement on the basis of which those better endowed, or more fortunate in their social position, neither of which we can be said to deserve, could expect the willing cooperation of others when some workable scheme is a necessary condition of the welfare of all. Once we decide to look for a conception of justice that nullifies the accidents of natural endowment and the contingencies of social circumstance as counters in quest for political and economic advantage, we are led to these principles. They express the result of leaving aside those aspects of the social world that seem arbitrary from a moral point of view." 14-15

"[O]ne conception of justice is more reasonable than another, or justifiable with respect to it, if rational persons in the initial situation would choose its principles over those of the other for the role of justice. Conceptions of justice are to be ranked by their acceptability to persons so circumstances." 17

"[I]t seems reasonable and generally acceptable that no one should be advantaged or disadvantaged by natural fortune or social circumstances in the choice of principles. It also seems widely agreed that it should be impossible to tailor principles to the circumstances of one's own case. We should insure further that particular inclinations and aspirations, and persons' conceptions of their good do not affect the principles adopted. The aim is to rule out those principles that it would be rational to propose for acceptance, however little the chance of success, only if one knew certain things that are irrelevant from the standpoint of justice. For example, if a man knew that he was wealthy, he might find it rational to advance the principle that various taxes for welfare measures be counted unjust; if he knew that he was poor, he would most likely propose the contrary principle. To represent the desired restrictions one imagines a situation in which everyone is deprived of this sort of information. One excludes the knowledge of those contingencies which sets men at odds and allows them to be guided by their prejudices." 18-19

"We shall want to say that certain principles of justice are justified because they would be agreed to in an initial situation of equality." 21

Random Thoughts

This was just too rich to pass up. The headline reads: "People of Lesbos take gay group to court over term 'Lesbian'." I guess Lesbosian just doesn't sound right. Lesbosite? Lesbiot? Lesbo?

What about Greek?

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The emoluments of power? "TROUBLED WA Opposition leader Troy Buswell has broken down in tears at a press conference and admitted he sniffed the chair of a female Liberal Party staffer." [Sorry, I couldn't help posting this one.]

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Good News! "In the battle of Iraq, the United States and our allies have prevailed." Oh, wait. That was five years ago.

Footnote to the above: From a strategic point of view, it's long been my opinion that the Soviet invasion and occupation of Afghanistan was the efficient cause of the fall of the U.S.S.R. Not the ballyhooed Reagan "Mr. Gorbachev, tear down this wall" rhetoric. They brought it on themselves by overreaching. Happens all the time. Strategic miscalculation on this order can bring down the economy of an empire. It seems to me the U.S. is now approaching the same point: GWB's adventure in Iraq is crippling the U.S. economy, not to mention sapping our moral strength. Does this augur change in America on the order of what happened under Gorbachev/Yeltsin? Who's to say? But it is important to pay attention. The fatuous rhetoric continues to deceive: "We're just in the mopping up and rebuilding stage." "Victory (however defined) continues to elude." " We've been so successful we can't pull out now." "If we pull out, all hell will break loose." "If we don't fight the terrorists over there, we'll have to fight them over here." "We're not bogged down in a quagmire, we just can't leave yet."

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Speaking of rhetoric: When you hear someone bashing a theory of justice as fairness as a "redistribution of wealth" in this day and age in the United States, they don't mean selling off the public holdings at bargain basement prices or giving massive tax breaks and incentives to cronies and corporate confederates which, in turn, deprives the rest of the society of social services, education, infrastructure, etc. No, they mean something else altogether.

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Here's a fascinating article by David Byrne from Wired magazine about the economics of the music industry. Funny story: some years ago I was taking my son to see a movie on the Upper West Side of Manhattan where we lived then. It was a weekday afternoon showing of "Babe", you know the talking pig movie. It wasn't the first time I'd been. (The kid loved it.) It was the first show of the day and there were maybe 20-25 people there. Anyway, I was first in line when they opened the theater and was standing downstairs at the popcorn stand and this guy behind me starts talking about the movie to his kid. With my back turned, I weigh in. "Oh, yeah. I think it ought to be nominated for Best Picture and not just Best Animated Feature." I turn around and smile and, of course, there's David Byrne. Then he says this: "Oh, I voted for it." We nodded politely.

btw: the guy's got a pretty cool website and blogs with some regularity.

I ran across this article while researching two separate ideas for blogging: 1) modes of publication for fiction (indy, small press vs. agented, mega-corporate; and 2) the place of popular musics such as rock, jazz, rap, country, world, folk, etc. in the pantheon/canon of high art (e.g., opera, chamber music, symphonies, ballet, etc.)—with the obvious analogy to the genre vs. "literary fiction" arguments. Look for them.

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