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Justice As Fairness: a Restatement Part IV: Institutions of a Just Basic Structure by John Rawls Discussion Led by Matt Deaton, MA [email protected]

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Justice As Fairness: a Restatement Part IV: Institutions of a Just Basic Structure by John Rawls Discussion Led by Matt Deaton, MA Matt@Mattdeaton.Net Justice as Fairness: A Restatement Part IV: Institutions of a Just Basic Structure By John Rawls Discussion led by Matt Deaton, MA [email protected] 2 Opening Points 1. “I outline a family of policies aimed at securing background justice over time, although I make no attempt to show that they will actually do so” (135). 2. Constantly engaged in reflective equilibrium 4 Criteria (136) I. Just? II. Practical? III. Stable? IV. Too demanding? Goal: “What we would like, of course, are just and effectively designed basic institutions that effectively encourage aims and interests necessary to sustain them” (137). 5 Candidate Regimes (136) a) Laissez-faire capitalism a. X—only secures formal equality b. X—no fair value of political liberties c. X—no equal opportunity b) Welfare-state capitalism a. X—no fair value of political liberties b. X—principle of reciprocity not satisfied c) State socialism with a command economy a. X—violates equal basic liberties i. Markets centrally controlled ii. Legal procedures non-democratic d) Property-owning democracy* e) Liberal (democratic) socialism* *Both d and e pass* Satisfy 2 principles o Note that private personal property guaranteed, but not private MoP Both facilitate democratic control of economy, choice of occupation . Thus, particular societies free to choose between them based on history, culture, preference *Note that POD is NOT Welfare State Capitalism* (140) 1 WSC permits perpetual underclass POD aims at providing equal shot at life, not simply minimal comfort 6 Ideas of the Good in JaF I. Rationality—humans consciously plan lives II. Primary Goods—all-purpose means III. Permissible Conceptions of the Good—comprehensive doctrines compatible with JaF IV. Political Virtues—specify ideal citizen V. Political Good of Well Ordered Society (see next section) VI. Idea of the Good of a Well Ordered Society as a union of unions—good of organizational cooperation Civic Humanism vs. Classical Republicanism (important because both can ground our view of ideal citizens) . CH—humans at their best when politically engaged o Perfectionist . Therefore incompatible with JaF . CR—widely engaged citizenry necessary for vitality of polity, and to keep tyrants in check o Instrumental . Compatible with JaF Constitutional vs. Procedural Democracy (145) . PD—everything subject to vote . CD—basic rights specified o Educationally useful . Will inculcate citizens with sense of intrinsic rights in self and others Thus CD preferable—creates citizens more apt to support system Fair Value of the Equal Political Liberties . Charge: Equal political liberties only formal o Solution: Restrict accumulation of power . “Reforms to that end are likely to involve such things as the public funding of elections and restrictions on campaign contributions; the assurance of a more even access to public media; and certain regulations on freedom of speech and of the press (but not restrictions affecting the content of speech)” (149). Denial of the Fair Value for Other (non-political) Basic Liberties (151) . Can’t secure equal value of all basic liberties o Mandating equal income irrational (undermines aim of efficiency) and superfluous (unnecessary, given Difference Principle) o Providing disproportionate funds based on conceptions of the good would be socially divisive (religious pilgrim example) 2 Some Conceptions of the Good Inevitably Discouraged (153) . When directly conflict with 2 principles of justice o Those that require the oppression of women or minorities, for example . When they fail to gain voluntary adherents Not a problem though—as Berlin says, “there is no social world without loss” (154). Example of how to handle a voluntarily removed group: o Only require kids be taught constitutional rights, including liberty of conscience, and that changing religion isn’t a crime . Needn’t teach individuality or autonomy Head Taxes Lump sum taxes on innately talented o X—no way to measure native (vs. realized) endowments o X—would violate priority of liberty—force endowed to choose more lucrative professions, work longer to pay larger tax The Economic Institutions of a Property-Owning Democracy Just Savings vs. Difference Principle o DP—holds within generations . Inequalities only just insofar as they benefit the least well off group Needn’t measure every policy against this standard o Secure it on macro level Don’t make explicit in constitution o Judges not economists—put in preamble . Do make a basic needs clause explicit o JS—holds between generations . What portion of GDP could you endorse all previous generations having saved? Bequest and Inheritance Taxes o Tax recipient o Tax progressively o Tax to preclude landed aristocracy (secure fair value) . Taxes needn’t be on income Could tax consumption, exempt poor The Family as a Basic Institution Essential role (as far as state is concerned)—to reproduce citizens 3 o Implication—gay marriage fine, so long as it is compatible with orderly social reproduction (footnote 42, page 163) Principles of justice don’t apply to internal workings of family o Analog with church . Church members free to leave, but internal appointments needn’t be democratic . Family members enjoy basic rights, but it’s ok to allow differing roles, special rules for kids Should recognize women’s labor as important o During divorce should equally split assets accrued during marriage if woman beared brunt of child rearing Primary Goods Index (168) Sen’s critique: whatever index you use, it’s bound to be too inflexible, and thus unfair o Rawls’s reply: we’re relevantly equal enough . All posses two moral powers . All given access to education . All cooperative members of society over a complete life o What about differences in medical needs? . Rawls: we can justify restorative care by reference to the equal opportunity clause in the 2nd principle of justice . Can justify basic care for all on grounds that health necessary to enjoy liberties in 1st principle of justice Can’t spend too much on healthcare though—have other needs to tend to (quote on bottom page 173, top 174). o Interesting note: severely handicapped owed compassion, but not included when theorizing about justice (footnote 59, page 176). Addressing Marx’s Critique a) Right to private property isn’t basic, and it’s compatible with equality b) Rights not merely formal—see fair value c) Property-owning democracy secures positive liberties, not just negative d) Workplace won’t be so terrible once POD fully realized a. Should worker-managed firms be subsidized? Brief Comments on Leisure Time Enjoying all of the above assumes you’re a productive member of society o Surfer bums must support themselves, dude OK to include leisure time in primary goods index 4 .
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