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Justice as Fairness: Political Not Metaphysical

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Equality and Liberty

Abstract

In this discussion I shall make some general remarks about how I now understand the conception of justice that I have called ‘justice as fairness’ (presented in my book A Theory of Justice).1 I do this because it may seem that this conception depends on philosophical claims I should like to avoid, for example, claims to universal truth, or claims about the essential nature and identity of persons. My aim is to explain why it does not. I shall first discuss what I regard as the task of political philosophy at the present time and then briefly survey how the basic intuitive ideas drawn upon in justice as fairness are combined into a political conception of justice for a constitutional democracy. Doing this will bring out how and why this conception of justice avoids certain philosophical and metaphysical claims. Briefly, the idea is that in a constitutional democracy the public conception of justice should be, so far as possible, independent of controversial philosophical and religious doctrines. Thus, to formulate such a conception, we apply the principle of toleration to philosophy itself: the public conception of justice is to be political, not metaphysical. Hence the title.

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Notes

  1. This question is raised by Ronald Dworkin in the first part of his very illuminating, and to me highly instructive, essay ‘Justice and Rights’ (1973), reprinted in Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977).

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  2. TJ pp. 138 ff., 147. The parties in the original position are said (p. 147) to be theoretically defined individuals whose motivations are specified by the account of that position and not by a psychological view about how human beings are actually motivated. This is also part of what is meant by saying (p. 121) that the acceptance of the particular principles of justice is not conjectured as a psychological law or probability but rather follows from the full description of the original position. Although the aim cannot be perfectly achieved, we want the argument to be deductive, ‘a kind of moral geometry’. In ‘Kantian Constructivism’ (p. 532) the parties are described as merely artificial agents who inhabit a construction. Thus I think R. B. Brandt mistaken in objecting that the argument from the original position is based on defective psychology. See his A Theory of Good and the Right (Oxford: Clarendon Press, 1979), pp. 239–42.

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  3. Here I assume that an answer to the problem of personal identity tries to specify the various criteria (for example, psychological continuity of memories and physical continuity of body, or some part thereof) in accordance with which two different psychological states, or actions (or whatever), which occur at two different times may be said to be states or actions of the same person who endures over time; and it also tries to specify how this enduring person is to be conceived, whether as a Cartisian or a Leibnizian substance, or as a Kantian transcendental ego, or as a continuant of some other kind, for example, bodily or physical. See the collection of essays edited by John Perry, Personal Identity (Berkeley, CA: University of California Press, 1975), especially Perry’s Introduction, pp. 3–30;

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  4. Sydney Shoemaker’s essay in Personal Identity (Oxford: Basil Blackwell, 1984),

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  5. Derek Parfit’s Reasons and Persons (Oxford: Clarendon Press, 1984).

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  6. For the idea of social death, see Orlando Patterson, Slavery and Social Death (Cambridge, MA: Harvard University Press, 1982), esp. pp. 5–9, 38–45, 337. This idea is interestingly developed in this book and has a central place in the author’s comparative study of slavery.

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  7. This point has been made with respect to the liberalisms of Kant and Mill, but for American culture one should mention the important conceptions of democratic individuality expressed in the works of Emerson, Thoreau, and Whitman. These are instructively discussed by George Kateb in his ‘Democratic Individuality and the Claims of Politics’, Political Theory 12 (August 1984).

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© 1991 Palgrave Macmillan, a division of Macmillan Publishers Limited

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Rawls, J. (1991). Justice as Fairness: Political Not Metaphysical. In: Corlett, J.A. (eds) Equality and Liberty. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-21763-2_10

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