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.