Critical Analysis and Social Care Concepts
bunmi04
Lecture12JohnRawlsATheoryofJustice.pptxJohn Rawls: A theory of justice
Critical concepts in social care
Introduction
Major political philosopher of the 20th Century
‘A Theory of Justice’ (1971) has become a classic
of modern political philosophy
Readings
Douglas, D. (2015) ‘Towards a just and fair internet: applying Rawls principles of justice to internet regulation’ in Ethics and Information technology. March 2015, Vol. 17, Issue 1, pp 57-64
Beyond utilitarianism
Rawls wanted to move beyond the basic Utilitarian position that justice is about creating the greatest amount good for the greatest number of people.
For much of the 20th century this principle was central to socio-economic development in the West.
He said that under utilitarianism, the greater good can always be invoked to supersede fundamental rights and liberties, (tyranny of majorities over minorities)
Beyond utilitarianism
Also….maximizing average utility said nothing about what is owed to the least advantaged, who may end up worse even if utility rises in the aggregate.
E.g. if the economy improves those at the bottom may even fall further behind
Also if the economy improves there is no guarantee that conditions for minority groups will also improve
Tyranny of the majority
If democratic politics is about granting the majority what they want, what about
Migrants rights?
Rights for people with intellectual / physical difficulties?
Rights for homeless people?
Rights for gay people? (etc.)
Irish constitution – special place for Catholics, how about recognition for Protestant culture?
Justice? How about liberty v equality
“Justice is the first virtue of social institution,” – a good society must have justice at its core.
Rawls believes that for justice you need to reconcile the balance between liberty and equality.
Liberty V equality
Liberty and equality and principles which both have a strong resonance with people
However they may sometimes clash
How about the freedom ‘not to be equal’? If l earn money is it not curbing my freedom by giving money to others via tax to ensure they can be more equal?
Liberty v equality
Should all parents be free to send their children to which ever school they wish including private schools if can afford it?
Should all children be afforded equal opportunities via the education system?
In this case the child’s need for equality of opportunity clashes with parent’s freedom to place their children wherever they want
Liberty V equality
How about the freedom to express my cultural preferences even if this results in the domination of the cultural preferences of others?
think of Northern Ireland
‘Parity of esteem’
Irish Language?
Marching routes?
Liberty V equality
In Muslim countries should the cultural expressions of non-Muslim groups be seen as equally deserving of respect? (women’s dress style; alcohol consumption etc?)
In Christian countries should the cultural expressions of non-Christian groups be seen as equally deserving of respect (women waring Burkas etc.)
Should men be allowed to associate freely in ‘men only’ clubs?
Liberty V equality
In the song The Fairy Tale of New York, should the words ‘faggot’ and ‘slut’ be aired on public media (the BBC has just decided to censor these (Nov 2020)
Should comedians be stopped from making jokes about minorities?
The Social contract
Rawls refers to the social contract which refers to the idea of an agreement between us all with the State as an agreed referee.
The social contract entails both rights and obligations – opportunities and protections.
If society is an agreement, Rawls wants to know what kind of agreement would we all sign up to?
Rawls presents 2 Principles of justice to inform the social contract
(1) Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.
(i.e. freedom for everyone as long as it doesn’t interfere with the freedom of others)
(2) Social and economic inequalities are to be arranged so that they are both
(a) to the greatest benefit of the least advantaged . . . and
(b) attached to positions and offices open to all under conditions of fair equality of opportunity
2 Principles of justice
The basic liberties protected by the first principle included:
the right to vote and hold public office;
freedom of speech,
assembly, and conscience;
protection from arbitrary arrest and seizure; and
“the right to hold (personal) property.”
The second regulated distribution of economic resources including a guaranteed social minimum.
Justice
Rawls believes in inequality but there needs to be a major emphasis on the conditions of those in the least favourable positions
The question is how much?
Veil of ignorance and original position
Rawls proposes a theoretical person who, is in the original position, that is that they shrouded in a veil of ignorance.
This means that they dont know where they will fall in the social hierarchy in terms in the social hierarchy in terms of:
race,
class,
sex,
disability,
+ other relevant factors.
Therefore they must design a just society without foreknowledge of his or her own status in that society.
Veil of ignorance and original position
Rawls believes that for neither altruistic or purely egoistic, the individual will choose a system of justice that adequately provides for those positioned on the lowest rungs of society.
The individual will do so because he or she may end
up in a disadvantaged position and will want to
be adequately provided for.
Veil of ignorance and original position
The only way to ensure that people will select fair principles of justice is to be certain that they do not know how the principles they select might affect them as individuals.
A person who does not know what privileges he or she will be born with (or without ) is, in Rawls’ view, more likely to construct a society that does not arbitrarily assign privilege based on characteristics that should have no bearing on what people get.
Applying rawls – Social contract in ireland
Describe the social contract in Ireland
what do we get?
What must we give?
Is the contract equally beneficial to all groups
Those suffering disadvantage
Intellectual/physical disability
Gay
Ethnic minorities
homeless
Criticisms of rawls
Feminist Critique
Patriarchal power inequalities not addressed – gendered division of labour esp. in the home
Marxist Critique
Defence of the Status quo (initially Rawls believe that the USA was representative of social justice, however he later said that it wasn’t and that Scandinavian countries were probably the front runners in this respect)
The original position doesn’t exist
Questions for tutorial
What is utilitarianism and what are its limitations?
What is meant by the ‘Tyranny of the Majority’?
What tensions exist between freedom and equality?
What is the social contract?
What are Rawl’s 2 principles of justice?
What is the ‘Veil of Ignorance’ and what does Rawls say about it?
