COURSE: LAW & JUSTICE IN A
GLOBALIZING WORLD
NATIONAL LAW UNIVERSITY TOPIC: JOHN RAWLS‟ DISTRIBUTIVE
ODISHA JUSTICE (WEEK 4)
INSTRUCTOR(S): DR. SREELEKHA
TWO PRINCIPLES OF JUSTICE
First Principle: All citizens should be provided equal basic liberties such as freedom
of speech and religion.
Second Principle:This principle of justice elaborates that social and economic
distribution should be aimed at providing the greatest benefit to the least advantaged
and endowments are open to all under the condition of equal opportunity.
In the following section we will discuss the two principles in detail.
FIRST PRINCIPLE: THE PRINCIPLE OF EQUAL LIBERTY
This principle protects the rights of the individuals from invasion. In addition, it provides
equal rights for all citizens. This provides equal liberties, such as freedom of speech, religion,
and the pursuit of happiness for all citizens. This principle preserves the Kantian commitment
“no one wants to be treated as a mere means”.
PART 1: The Difference Principle
The difference principle rectifies the unequal distribution of resources and talent without
constraining the talented. It considers the distribution of natural talents as a common asset.
Individuals who are better off would gain only when their activities improve the worse off.
This is important as the worse off individual would make everyone worse off. Rawls
emphasized that the basic structure of the society need to be arranged in such a manner that
the endowments and talent work for the betterment of the worse off individual. In business,
this reduces the chances of price-fixing and monopolistic trade practices and guarantees
efficient use of talents, resources, and competitive markets. In other words, it helps in the
preservation of the Utilitarian belief.
PART 2: Principle of Fair Equality of Opportunity
As citizens, individuals pursue their ends and expect to be treated with respect. For example,
if we turn out to be a member of the minority community (be it ethnic or religious) we are not
to be oppressed, even if it gives happiness to the majority. This is in accordance with the
„principle of equal basic liberties‟ for the citizens, including the right to the liberty of
conscience and freedom of thought.
COURSE: LAW & JUSTICE IN A
GLOBALIZING WORLD
NATIONAL LAW UNIVERSITY TOPIC: JOHN RAWLS‟ DISTRIBUTIVE
ODISHA JUSTICE (WEEK 4)
INSTRUCTOR(S): DR. SREELEKHA
These principles combine two themes: treating people as free and equal (Work of Kant) and
treating people equal (Utilitarianism).
THERE ARE RIVAL THEORIES OF DISTRIBUTIVE JUSTICE
a) The Feudal or caste system: This system has a fixed hierarchy which is based on the
birth.
b) Libertarian system: This system believes in free market with fair equality of
opportunity.
c) Meritocratic system: It believes in free market with fair equality of opportunity.
d) Egalitarian system: it is based on the „different principle‟ proposed by Rawls.
According to Rawls from the moral point of view, the first three theories are based on the
factors that are arbitrary. For example, an accident of birth (caste system), or social and
economic advantage (libertarian system), or natural talents and abilities (meritocratic system)
are arbitrary. Only the fourth theory (the difference principle) avoids the distribution of
income based on these contingencies.
OBJECTIONS TO RAWLS’ DIFFERENCE PRINCIPLE
Incentives: One objection to Rawls is that if the talented are benefited from their talent
only when it helpsthe least well off, what will happen if the talented decidesnot to work
or work less?
Effort: Rawls rejected the meritocratic theory on justice. According to him individual‟s
natural talent cannot be attributed to their own actions and doing. The objections to the
above stand come from the argument that individuals put effort and hard work to
cultivate their talent. Do the talented deserve reward for their hard work and effort?
SELF-ASSESSMENT QUESTIONS
1. Rawls theory of justice talks about __________________aspect of society.(functional /
structural)
2. Rawls second principle of equality based on idea of
________________________(distributive justice/ liberties)
3. Rawls original position is decided from behind the _________________( ascribed status/ veil
of ignorance)
COURSE: LAW & JUSTICE IN A
GLOBALIZING WORLD
NATIONAL LAW UNIVERSITY TOPIC: JOHN RAWLS‟ DISTRIBUTIVE
ODISHA JUSTICE (WEEK 4)
INSTRUCTOR(S): DR. SREELEKHA
ACTIVITY
Debate the Indian Constitution and the provisions about the caste system? Whether the constitution it
really justifies the rights of the lower castes?
ASSIGNMENT
Write and discuss about Reservation system in India in the context of Rawls different principle.
REFERENCES
1. Rawls, J. (1971)A Theory of Justice, Cambridge MA: Harvard University Press.
2. Sandel, M. (2011)Justice: What’s the Right Thing to Do?,Penguin Publisher.
