Justice in Society According to Rawls and Hampshire
This is paper contrasting the political philosophies of Rawls and Hampshire according o their views in 'Political liberalism' the Law of Peoples' and 'Justice as Conflict'. 4 sources are given.
Very few alternatives to the prevalent utilitarianism, dominant in most of the Western world, have emerged and made any significant impact. The theories of John Rawls however have made an important contribution to political philosophy and if not unanimously agreed upon they nevertheless have led to a revival in the academic study of political philosophy. His work has provoked debate amongst economists, legal scholars, political scientists, sociologists, and theologians alike. His Theory of Justice and subsequent additions and modifications to this hypothesis in the form of 'Political liberalism' and 'The Law of Peoples' is a comprehensive and detailed proposal that evolved over decades.
The 'Justice as Conflict' theory put forward by another eminent scholar, Stuart Hampshire, is a view that deviates from Rawls' premise. His logically meticulous arguments are persuasive and thought-provoking.
Both views describe systems of political existence which the philosophers deem as ideal. They are both based on concepts of democratic ideals and equality and justice but whereas Rawls sought to adapt his vision to reality by perfecting the opposing 'peoples' Hampshire seeks to formulate ideal 'social institutions that mediate between contending parties.' (Hampshire 2001)
The Theory of Justice was developed by Rawls as he did not agree with the unquestioned consensus in utilitarian systems to forfeit the rights of a minority if it led to a greater good. He put forward his theory according to which a 'just social contract' or system of society is one which forms judgments without the bias of personal interest. (Rawls, 1993) This circumstance according to Rawls would be best achieved from 'behind a veil of ignorance' as to the 'original position' or financial situation, creed, religion, state of health, etc. Of all the individuals involved. (Rawls, 1993)
Rawls' premise was that such a system would lead to society choosing 'justice as fairness'. This would be apparent in the two main ideologies that Rawls felt embodied the 'Principles of Justice'. One was the Liberty Principle that gave each person the most extensive system of rights and freedoms which can be accorded equally to everyone. (Rawls, 1993)Rawls elaborated these basic human freedoms to include those of speech, conscience, peaceful assembly, and due process of law, etc. (Rawls, 1993) Most of them reflected or were actual democratic ideals. According to Rawls these rights were sacrosanct and could not be violated, whatever the situation. (Rawls, 1993) In his original proposal, Rawls, declared that the Liberty Principle was absolute and of greater priority than his second formulated principle, the Difference Principle. (Rawls, 1993)
He recognized the existence of pluralism in society however, and the latter principle allowed for economic and social inequalities as long as they benefited all of society, especially its most disadvantaged members. (Rawls, 1993) He furthermore added to this position by clarifying that all economically and socially privileged positions must be open to all people equally. (Rawls, 1993) Thus unlike the utilitarian position, Rawls was unwilling to allow society the privilege of trampling an individuals basic rights even with the justification of the judgment being for the benefit of a majority. He was not however above agreeing to extra benefits for individuals for the same purpose.
These two principles were supposed to be the basis of the political and economic structure of Rawls' ideal society. In the view of the pluralism or diversity of society however, Rawls had to question whether the success of a social structure based on his two basic principles of justice was feasible. In answering this question Rawls came up with the idea of 'overlapping consensus'- or agreement on justice as fairness between citizens who hold different religious, ethical, and philosophical views. (Rawls, 1993)
This would stem from what Rawls believed was intrinsic to Political Liberalism- 'public reason'. (Rawls, 1993)
He had in his Theory of Justice elaborated a system that encompassed issues of morality and justice generally, but had failed to allow for a political conception of justice. That the two were distinctly different was realized in his book 'Political Liberalism.' (Rawls, 1993) The former, '... includes conceptions of what is of value in human life, as well as ideals of personal virtue and character, that are to inform much of our nonpolitical conduct...." (Rawls, 1993, p.175) whereas the latter, includes the moral context on which to base the structure of a democratic society. Political conception of justice was influenced by the 'public political culture'...
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