Original position and fair inequalities
Rawls recognised that unjust utilitarian societies are arbitrary and
disregard individuals’ ecological conditions, both of which principles
of justice should attempt to regulate.
“In this way the intuitions of society favour certain starting places
of others. These are especially deep inequalities. Not only are they
pervasive, but they affect men’s initial chances in life; yet they
cannot possibly be justified by an appeal to the notions of merit of
desert. It is these inequalities, presumably inevitable in the basic
structure of any society, to which the principles of social justice must
in the first instance apply” (page 7).
“Utilitarianism does not take seriously the distinction between
persons.” (page 24).
Rawls’ theory of justice uses a concept known as the original
position , from which individuals are to decide the principles of
justice that constitute a fair society without any knowledge of each
individuals’ roles, talents, and position within such society
(‘veil of ignorance ’). This precludes individuals to tailor
principles of justice as to benefit the groups to which the individual
belongs.
“The principles of justice are chosen behind a veil of ignorance. This
ensures that no one is advantaged or disadvantaged in the choice of
principles by the outcome of natural chance or the contingency of social
circumstances. Since all are similarly situated and no one is able to
design principles to favor his particular condition, the principles of
justice are the result of a fair agreement or bargain.” (page 11)
Rawls’ also propose the principles of justice that underpin a just
(hence fair) society, from which rational individuals in the original
position would agree upon. Briefly, the principles state that (1) each
person is to have an equal right to the most extensive scheme of equal
basic liberties (e.g., freedom of speech) compatible to the same scheme
of liberties for others and (2) social and economic inequalities are to
be arranged that (a) is to the greatest benefit to the least advantaged
(the difference principle) and (b) is attached to positions open to all
under conditions of fair equality of opportunity (the equal opportunity
principle). Interestingly, note that, from principle 2b, there is a
potential to exist inequalities that are just, as long as these
inequalities are to the benefit of the least advantaged in the society;
Rawls’ theory of justice does not necessarily advocate for equal
partitioning of goods.