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John Rawls
Debating the Major Questions
Edited by
J O N M A N D L E A N D S A R A H R O B E RT S - C
A DY
1
3
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
1 3 5 7 9 8 6 4 2
Matthew Adams is a Postdoctoral Fellow at the McCoy Family Center for Ethics in
Society at Stanford University. He specializes in political philosophy with a focus on non-
ideal theory and topics at the intersection of justice and applied ethics. His work has been
published in journals such as the Australasian Journal of Philosophy and The Monist. He is
the editor of Methods in Bioethics: The Way We Reason Now (Oxford, 2017).
Amy R. Baehr is Professor of Philosophy at Hofstra University, where she teaches political
philosophy, philosophy of law, and women’s studies. Her work on feminism and liber-
alism has appeared in journals including Law and Philosophy, Ethics, Feminist Philosophy
Quarterly, and Hypatia; and in anthologies including The Philosophy of Rawls: A Collection
of Essays (Garland, 1999), Feminist Interpretations of John Rawls (Penn State, 2013) and
The Original Position (Cambridge, 2016). She is editor of Varieties of Feminist Liberalism
(Rowman and Littlefield, 2004) and author of the Stanford Encyclopedia of Philosophy’s
entry on liberal feminism. She is currently working on an edited volume, Caring for
Liberalism: Dependency and Political Theory, with Asha Bhandary (Routledge).
M. Victoria Costa is an Associate Professor of Philosophy at William and Mary. She has
numerous peer-reviewed publications on social and political philosophy, particularly on
xii Contributors
John Rawls’s liberalism and Philip Pettit’s neorepublicanism. Her papers have appeared
in Politics, Philosophy, and Economics, Hypatia, the Journal of Social Philosophy, and
Critical Review of Social and Political Philosophy, among others. She is the author of Rawls,
Citizenship and Education (Routledge, 2011).
Colin Farrelly is Professor and Queen’s National Scholar in the Department of Political
Studies at Queen’s University in Ontario, Canada. His books include Justice, Democracy
and Reasonable Agreement (Palgrave Macmillan, 2007), Virtue Jurisprudence, coedited
with Lawrence Solum (Palgrave Macmillan, 2008), Biologically Modified Justice
(Cambridge, 2016), and Genetic Ethics: An Introduction (Polity, 2018).
Tony Fitzpatrick is a Reader in the School of Sociology and Social Policy at the University
of Nottingham. His recent books include International Handbook on Social Policy and the
Environment (Edward Elgar, 2014), Climate Change and Poverty (Policy Press, 2014), A
Green History of the Welfare State (Routledge, 2017), and How to Live Well: Epicurus as a
Guide to Contemporary Social Reform (Edward Elgar, 2018).
Jon Mandle is Professor of Philosophy at SUNY Albany. His scholarly work focuses on
political philosophy and ethics, with a special emphasis on John Rawls. He is the coed-
itor of The Cambridge Rawls Lexicon, with David Reidy (Cambridge, 2015), and A
Companion to Rawls, with David Reidy (Blackwell, 2014). He is also the author of three
monographs: Rawls’s “A Theory of Justice”: An Introduction (Cambridge, 2009), Global
Justice (Polity Press, 2006), and What’s Left of Liberalism? An Interpretation and Defense of
Justice as Fairness (Lexington Books, 2000).
Rekha Nath is an Associate Professor of Philosophy at the University of Alabama. Her re-
search in ethics and political philosophy has been published in journals such as Bioethics,
Journal of Ethics and Social Philosophy, The Monist, and Social Theory and Practice. She is
currently working on a book on the injustice of weight stigma.
Alan Thomas is a Professor of Philosophy at the University of York in the UK. He has
published extensively in ethics, political philosophy, and the philosophy of mind. His
xiv Contributors
books include Value and Context (Oxford, 2006), Thomas Nagel (Acumen Press and
McGill/Queen’s University Press, 2009/2015), Bernard Williams (as editor and contrib-
utor) (Cambridge, 2007), and Republic of Equals: Pre-distribution and Property-Owning
Democracy (Oxford, 2017). He is currently completing a book titled Ethics in the First
Person.
Lori Watson is Professor and Chair of Philosophy at the University of San Diego, and
affiliate faculty in the School of Law. She has recently published two books with Oxford
University Press, Equal Citizenship and Public Reason: A Feminist Political Liberalism,
with Christie Hartley (2018), and Debating Pornography, with Andrew Altman (2019).
Her third book, Debating Sex Work, with Jessica Flannigan, is forthcoming. She has also
published numerous articles on topics in political philosophy and feminism.
An Introduction to Rawls on Justice
Jon Mandle and Sarah Roberts-Cady
For almost fifty years, the work of John Rawls (1921–2002) has played a central
and guiding role in the development of Anglo-American political philosophy.
This is certainly not to say that his views have been uncritically accepted. On the
contrary, an enormous literature has been generated criticizing and explaining
where Rawls goes wrong. But each of Rawls’s three major books, A Theory
of Justice, first published in 1971 (revised edition 1999), Political Liberalism,
first published in 1993 (expanded edition 2005), and The Law of Peoples, first
published in 1999, set the agenda for many other philosophers’ major research
projects.1 In this introduction, we provide only the barest overview of the key
ideas of his first two majors volumes, with discussions of The Law of Peoples
found in the introductions to Parts IX and X.
Rawls’s aim in his first major book, A Theory of Justice, is to identify prin-
ciples of justice for guiding the basic terms of cooperation within a society. In
particular, he wants to offer an alternative to utilitarianism, which he argues
cannot “provide a satisfactory account of the basic rights and liberties of free and
equal persons.”2 Rawls was immensely successful in establishing “justice as fair-
ness” as at least a credible alternative to utilitarianism. In addition to defending
nonutilitarian principles for evaluating social justice, he also developed a dis-
tinctive method of justifying them, an account of moral psychology and devel-
opment, and much else. But there were important limitations and simplifying
assumptions that Rawls explicitly noted. For example, he was narrow in his focus
on principles of justice for evaluating the “basic structure of society”—the system
formed by a society’s basic social institutions—rather than other possible objects
of evaluation, such as the justice of particular laws and policies. And he put aside
(until The Law of Peoples) questions about the justice of relations among different
1 His other books, which we will here treat largely as supplemental, are Collected Papers, ed.
Samuel Freeman (Harvard University Press, 1999); Lectures on the History of Moral Philosophy, ed.
Samuel Freeman (Harvard University Press, 2007); Lectures on the History of Political Philosophy,
ed. Samuel Freeman (Harvard University Press, 2007); his undergraduate thesis, A Brief Inquiry
into the Meaning of Sin and Faith, ed. Thomas Nagel (Harvard University Press, 2009); and Justice as
Fairness: A Restatement, ed. Erin Kelly (Harvard University Press, 2001).
2 John Rawls, A Theory of Justice, rev. ed. (Harvard University Press 1999), xii.
Jon Mandle and Sarah Roberts-Cady, An Introduction to Rawls on Justice In: John Rawls. Edited by: Jon Mandle and
Sarah Roberts-Cady, Oxford University Press (2020). © Oxford University Press.
DOI: 10.1093/oso/9780190859213.003.0001.
2 John Rawls
societies. He also said little about the transition from an existing society with its
injustices of various kinds and degrees to a more just arrangement. He believed
that the distinctive contribution that philosophers could make was to develop
and defend principles to be used in evaluation, but that the application of these
principles to actual societies and the consideration of the implications of var-
ious alternative arrangements depend on the kinds of expertise that political
scientists, economists, sociologists, historians, and others could provide. Social
critique is an interdisciplinary endeavor, with philosophers having an important
but limited role.
Rawls’s approach to justifying principles of justice is antifoundational. He
rejects the attempt to reduce moral principles (including principles of justice) to
a nonmoral foundation. “A conception of justice cannot be deduced from self-
evident premises or conditions on principles; instead, its justification is a matter
of the mutual support of many considerations, of everything fitting together into
one coherent view.”3 Fortunately, there is no special urgency to provide nonmoral
foundations since we do not come to the project of justification in complete moral
ignorance. On the contrary, there are certain “considered convictions” about
which we are quite confident. Indeed, he writes, “Some judgments we view as
fixed points: ones we never expect to withdraw, as when Lincoln says: ‘If slavery
is not wrong, nothing is wrong.’ ”4 In A Theory of Justice, he gives the examples
of the injustice of “religious intolerance and racial discrimination.”5 However, at
the same time, there are many questions of justice where we are unsure or disa-
gree with one another. Rawls mentions “the correct distribution of wealth and
authority” and notes that in such cases, “we may be looking for a way to remove
our doubts.”6 The idea, then, is to develop a theory that provides a unified per-
spective on the questions where we are relatively confident as well as the areas
where we are unsure, thus helping to illuminate the latter. Presumably, there will
be tensions and conflicts among our considered convictions and proposed prin-
ciples. The ideal in which we achieve coherence at all levels, as well as the process
of working toward this ideal, is called “reflective equilibrium.”
Rawls does not simply tell us to go off and try to reach reflective equilibrium.
He develops a tool to help us do so. Putting himself in the tradition of Locke,
Rousseau, and Kant, he has us consider the principles of justice as the product of
a social contract that would be made in an imaginary but fair initial choice situa-
tion. Rawls calls his choice situation “the original position,” and its most striking
feature is that the parties there are to agree to principles of justice from behind a
“veil of ignorance.” That is, they are to agree to the principles to be used in eval-
uating the basic structure without knowing any specific features of themselves
or their situation. The veil prevents them from knowing, among other things,
their gender, race, ethnicity, level of wealth, social position, religion, or partic-
ular conception of the good (what specific ends and activities they find valuable
and worth pursuing). Therefore, it forces them to consider the principles from
everyone’s point of view because they must make a choice knowing that when the
veil is lifted, so to speak, they might turn out to be anyone.
There is an apparent problem, however, with this brief overview of the orig-
inal position as so far described. If the parties making the social contract do not
know anything about themselves or their specific system of values (their con-
ception of the good), on what basis do they make any choice at all? Rawls’s an-
swer is that they do know, among other things, that they would prefer a larger to
a smaller share of “social primary goods.” These can be understood as broadly
based resources that are not tied to or dependent on any particular conception
of the good. When Rawls initially introduces them, he includes “rights, liberties,
and opportunities, and income and wealth.”7 He later adds “the social basis of
self-respect,” which he identifies as “perhaps the most important.”8 (A somewhat
more specific list and changes to their justification is given in Political Liberalism,
181. See our introduction to Part V.)
Having specified the motivation of the parties in the original position as well
as the constraints of the situation that they find themselves in, Rawls can con-
sider which principles it would be rational for them to choose. He argues that the
nature of the choice would force the parties to compare alternative sets of prin-
ciples with special attention to the least advantaged social position that each set
of principles might generate. In A Theory of Justice, the details of this argument
are somewhat obscure and are spread over many sections, but it is presented in
a much more straightforward way in Justice as Fairness: A Restatement, part III.
Although we will not reproduce this argument here, the conclusion of the argu-
ment from the original position is that the parties would choose the following
two principles:
First principle: Each person is to have an equal right to the most extensive total
system of equal basic liberties compatible with a similar system of liberties
for all.
The first principle is sometimes called the “liberty principle,” and it takes priority
over the second principle in the sense that no violation of the first principle can be
justified by better satisfying the second principle. The liberty principle holds that
there is a basic and extensive set of political and civil liberties to which all citizens
have an equal right. The second principle concerns the distribution of economic
and social (primary) goods. It has two parts called (a) the “difference principle”
and (b) “fair equality of opportunity.” The difference principle holds that inequal-
ities among social positions in social and economic goods are acceptable only if
the inequalities work to the greatest benefit of the least advantaged position. That
is, in order for a structural inequality to be just, that inequality must result in the
least advantaged position doing better than it would without that inequality, that
is, in a condition of equal distribution. In short, those who are better off cannot
justify their advantaged position if it comes at the expense of others. The prin-
ciple of fair equality of opportunity requires that society must be arranged so that
all have an equal opportunity to develop their talents and abilities, such that all
can compete fairly for the various social positions, and in particular, for those
positions associated with greater wealth or power.
Rawls holds that “the social system is not an unchangeable order beyond
human control but a pattern of human action.”10 Therefore, the achievement of a
just basic structure and the stability of such a structure once achieved depend on
the development of a sense of justice among citizens. This sense of justice must
be adequate to overcome conflicting sources of motivation, for example, those
grounded in one’s particular conception of the good. The issue of stability is in-
frequently addressed by political philosophers, but Rawls extensively discusses
the issue in the final third of A Theory of Justice. As he conceives it, the problem
of stability has two parts. The first is to describe the acquisition of a normally ef-
fective sense of justice as a child matures into a citizen. The second is what Rawls
calls “congruence,” and it concerns the consistency or “fit” between a citizen’s
sense of justice and her conception of the good.
In comparison to the massive secondary literature on the other elements
of the theory, the material in this third part has been relatively neglected, de-
spite Rawls’s comment in 1993, “The part of the book I always liked best was
the third, on moral psychology.”11 Yet, in the years following the publication of
A Theory of Justice, Rawls himself came to doubt the success of the congruence
argument. In the introduction to Political Liberalism, Rawls refers to “a serious
problem internal to justice as fairness, namely . . . that the account of stability
in Part III of Theory is not consistent with the view as a whole.” He continues: “I
believe all differences [between A Theory of Justice and Political Liberalism] are
consequences of removing that inconsistency. Otherwise these lectures take
the structure and content of Theory to remain substantially the same.”12 As con-
ceived in A Theory of Justice, principles of justice aimed to ensure that the shared
institutions of the basic structure were fair to individuals who, while they shared
a sense of justice, differed from one another in their conception of the good. Fair
treatment required: (1) an equal scheme of liberties entitling each to a formal
right to form and to pursue her (permissible) ends; (2) a fair share of resources
with which to pursue her ends.
But Rawls came to believe that the pluralism that will inevitably characterize
a free and just society is not limited to the different ends that individuals will
pursue (their conceptions of the good).13 Rather, the pluralism is deep, in that
each individual will typically have a (fully or partially) comprehensive religious,
philosophical, or moral doctrine within which she will embed and seek to jus-
tify her conception of the good and her sense of justice. This pluralism is (or
may be) reasonable, since it is not (necessarily) the result of failures of reasoning.
On the contrary, we should see this reasonable pluralism “as the inevitable long-
run result of the powers of human reason at work within the background of en-
during free institutions.”14 Since there is not a shared comprehensive doctrine,
there cannot be a single argument based on such a doctrine that would establish
congruence for all citizens between the principles of justice and their other com-
prehensive values. Indeed, there cannot be a single comprehensive argument to
establish the content of the principles of justice. Fortunately, the argument from
the original position does not need to be understood as a comprehensive argu-
ment, based on some particular comprehensive doctrine. Instead, as Rawls came
to recognize, it could be presented as establishing a political conception of justice.
Political Liberalism aims to develop the ideas and arguments necessary to un-
derstand justice as fairness, and a family of other liberal conceptions of justice,
as forms of a political conception of justice. “While such a [political] conception
is, of course, a moral conception, it is a moral conception worked out for a spe-
cific kind of subject, namely, for political, social, and economic institutions.”15
12 John Rawls, Political Liberalism, expanded ed. (Columbia University Press, 2005), xvi.
13 For a thorough accounting of the difficulties Rawls found in the congruence argument and
how Political Liberalism responded to them, see Paul Weithman, Why Political Liberalism? (Oxford
University Press, 2010).
14 Rawls, Political Liberalism, 4.
15 Rawls, Political Liberalism, 11.
6 John Rawls
Language: English
By
EMMA LESLIE.
London:
1913
Contents.
CHAPTER
V. SAVED BY LOVE
VII. CONCLUSION
SAVED BY LOVE.
CHAPTER I.
ALL ALONE IN LONDON.
THERE are some places in London where King Dirt holds
a carnival all the year round—narrow back streets, where
the tall houses, almost meeting at the top, shut out every
gleam of sunlight, except during the longest and hottest
days of summer; and then only a narrow rift of golden glory
lights up a strip in the centre, and makes the shady corners
look more dark and desolate than ever.
"O Elfie, is it you?" she said; and then her tears broke
out afresh.
"Tell us all about it, Susie; the boys shan't hit you while
I'm here."
To tell "all about it" was just what Susie wanted. No one
else had asked about her mother, except the few hard
questions put by the overseer, and so she gladly nestled
close up to Elfie, and told of her waking that morning to find
her mother cold and dead.
"And why didn't she take you?" said Elfie, whose ideas
about heaven were not at all clear.
"She said I must stay here a bit longer, and do the work
God meant me to do."
Susie shook her head. "I don't know, unless it's sewing
shirts like mother did," she said.
Again the tears came into Susie's eyes. "I don't know
what I'm going to do," she said. "Mother told me to read
last night about the ravens taking food to Elijah, and she
said God would send his angels here to take care of me."
"Then that shows she knew nothing about this place,"
said Elfie in her hard, matter-of-fact tone. "Angels don't
come down Fisher's Lane—at least I never see 'em, and I'm
out pretty near all hours, night and day too."
"Get some more," said Elfie shortly. "I'll help you," she
added.
"Thank you. Will you come home with me and stay to-
night? I'm dull by myself," said Susie with a deep sigh.
When they reached the garret, and Elfie had shut the
door and glanced round the room, she said, "Look here,
Susie, which will you like best;—to stop here and work for
yourself, and go out when you like; or have somebody come
and shut you up in a horrible place, with high walls like a
prison, and make you work there?"
Susie shook her head. "I shouldn't like that," she said.
"Well, you can sew shirts, and I can get a job now and
then at the market, and sometimes I clean steps for people,
and that all brings money. How much do you pay for this
little room?" she asked.
"I'll finish them and take them home, and ask them to
give me some," she said.
But Elfie turned and turned the shirt about, and at last
she said, "Look here, Susie; you'll have to keep one of
these back when you take the others home, and then we'll
find out how they're to be done between us."
As she went back, Elfie met her. "I've got a nice lot of
cold potatoes at home," she said, "and a big handful of
cherries that I picked up in the market; and I've seen the
work-house man, and told him you ain't going with him."
"I told him somebody was coming to live here and take
care of you. It's just what I mean to do, Susie," she added;
"for I like you, and it'll be fair, you see, if I comes to sleep
here when it's cold and wet; for it ain't nice out-of-doors
then, I can tell you."
And so, after the coffin was taken out and carried to its
lowly resting-place, no one troubled himself to visit the little
garret, or look after the lonely orphan. Elfie did not stay in-
doors much; but whenever she found anything extra nice,
she always ran home to share it with Susie, and faithfully
brought in every penny she earned, to put into the tin box
where the rent money was kept. Susie succeeded in her
shirt-making better than she expected; but life was very
hard, and she sorely missed her mother, and shed many
bitter tears when she thought of her.
CHAPTER II.
GETTING A LIVING.
"Oh yes, it is. Mother used to say she could never bear
the trouble at all, if she could not go to church and get
some help from God for it on Sundays."
"Eh? It's all along of the tables and chairs, and sleeping
in beds, I suppose," said Elfie, a little disdainfully.
"Well, there ain't no God for poor people that don't have
tables and chairs," said Elfie.
"O Elfie, don't say that; God loves you, and wants you
to know and love him."