A Theory of Justice Chapter 3 - 5

 

CHAPTER 3

Chapter 3, Section 20

Mutual agreement on the principles is the best way to arrive at a fair resolution. Agreements must be fair, morality justified, and the absence of arbitrary contingencies. 

Chapter 3, Section 21

Alternative justice theories are mixed, of classical teleological, intuitionistic, and egoistic conceptions. The motive is to choose from among all available notions of justice. Sometimes even the best alternative fails to arrive at a plausible concept. The problem is addressed by retorting to the traditional conceptions of justice along with the two just principles.

Chapter 3, Section 22

There are two circumstances under which cooperation is necessary- objective circumstances and moderate scarcity. People cooperate in society for mutual advantage but the reasoning power of a person is limited. Anxiety and biases limit their judgment. 

Chapter 3, Section 23

The concept of a right has its five limitations. The principles should be public and universal for all. They cannot be self-defeating and should be final. The last one is generality. The question is settled when a conclusion is reached. 

Chapter 3, Section 24

People are biased by their situations, so it becomes difficult for people to mutually agree on the social contract. Rawls assumes that we sit behind a cloth of ignorance that doesn't allow us to know who we are and identify with our circumstances so that we can be more objective on how a society should function. The liberty and the difference principle are supplements of the veil of ignorance.

Chapter 3, section 25

Rawls states that if there is to be a rational choice for the original positions of the parties, then there are two principles of justice: One guarantees equal rights and liberties and the other provides fair equality of educational and employment opportunities. 

Chapter 3, Section 26

Rawls differentiates between the principle of justice and average utility. The original position makes a person agree to the principle of justice for equal distribution of equality and social good. He is ignorant of his social position and therefore cannot account for right or wrong.

Chapter 3, Section 27

The principle of utility increases the per capita utility more than the total utility of society. The rational self is ignorant of its place in society. It would opt for the rules that produce higher average utility.

Chapter 3, Section 28

The average principle of utility has many difficulties. The principle is taken keeping in mind the viewpoint of one individual which is risky as it could lead to a loss of fortune. The risk posed should be moderate.

Chapter 3, Section 29

A valid argument is honored under all circumstances. There will be no second agreement. The two principles of justice don't let unjust be done to a fair person.

Chapter 3, section 30

"Love and benevolence are second-order notions (166)." Utilitarian theory approves of something when an impartial spectator would approve of something. It opposes the original positioning theory in which the parties are disinterested. This might lead to a different outcome.

CHAPTER 4

Chapter 4, Section 31

A person should judge social policies. He must also judge the conflicting opinions of justice. He should know when to abide by the majority rule and when to reject it.

Constitutional convention- The general facts about society along with principles of social theory are realized. 

Legislative Stage- The best constitution is found by referring to both stages.

Judges and Administrators- They apply the rules to situations.

Chapter 4, Section 32

A person is liberal when he isn't constrained. The liberties of the least advantaged should be maximized. 

Chapter 4, Section 33

Freedom of religion and philosophy is directly proportional to freedom of conscience. People usually protect their previous generations. The principle of paternalism chooses for others as it would choose for itself.

Chapter 4, section 34

The state cannot favor a particular religion. It has to work in the public interest and cannot interfere with religious doctrines. The liberty of conscience can be restricted only when there is a breach of the order.

Chapter 4, Section 35

Tolerant sects cannot tolerate the intolerant only when their social security is threatened. Equal liberty and freedom should be preserved.

Chapter 4, Section 36

Political justice or constitutional justice is a set rule of just procedures to grant equal liberty. People with similar abilities are granted access to similar offices.

Chapter 4, Section 37

The principle of participation should be limited equally to every citizen. Restrictions must be justified by the less favored in exchange for protection that is greater than that.

Chapter 4, Section 38

A legal system is a set of public rules set up for rational people for social cooperation. Injustice occurs when judges fail in the application of appropriate rules adding prejudice and bias. The citizens must be ensured that their justice will be the same as everyone else's.

Chapter 4, Section 39

Mutual conformity delivers well-constructed liberties. When restriction occurs, a just method should be brought out to address the limitations. The principle of paternalism protects liberty in case a person loses it.

Chapter 4, Section 40

Kant's notion of autonomy emphasizes moral principles as moral values govern the conduct of an individual. They must be made public. 

CHAPTER 5

Sections 41-50

Justice has two principles by which economic policies and institutions can be assessed. The economic system not only fulfills the existing demands but also fashions the wants of the future. The economic system should satisfy the principles of justice. 

The public sector has two fronts. One is the ownership of production and the resources devoted to the public good. Private markets sell commodities at less than their social costs. Necessary corrections must be made to handle this. The government is divided into four branches to achieve distributive justice. The allocation branch keeps track of the price system. The stabilization branch maintains full employment, freedom to work, and demand. The transfer branch assigns appropriate weight to claims.

The system of taxation can increase and work in the favour of the disadvantaged. The difference principle should be satisfied as a future generation cannot compensate for the loss of their predecessors. A specific saving criterion should be developed for every generation. Time alone cannot be a factor in distinguishing future generations from previous ones.

The final statement is as follows:

First Principle- Each person will be given equal rights and liberties. 

Second Principle- Social and economic inequalities should be for the benefit of the disadvantaged. 

The institutions should be surrounded by a just system. A just rule satisfies a person's legal expectations. The perfection principle has dual variants. Perfection directs society to define the duties and obligations to ensure human excellence. The second variant argues that distribution should be equal so that the needs of the disadvantaged could be met. Perfectionism cannot ensure equal rights.