John Bordley Rawls and His Contribution to Law

John B. Rawls was the most impactful political philosopher of the 20th century. He was an American political and legal scholar of the liberal tradition whose articles influenced the entire moral and political jurisprudence for more than two decades. Moreover, he contributed in reviving the natural theory of law while also demonstrating the world with his remarkable Theory of Justice.

Additionally, he is also known for his social experiments which he used to strike a balance between the personal liberties and freedom of individuals on the one hand while protecting the interests of the disadvantaged and the community at large.

Life and Career (1921 − 2002)

John Rawls was born to a prominent US attorney and received his initial education from the University of Princeton. Thereafter, he served in the US Army as an infantryman, although observing the repercussions of the Second World War, he returned to academics.

Thereafter, he completed his doctorate in Moral Philosophy from Princeton University and joined Cornell University while delivering guest lectures in Harvard. Later, he joined Harvard as Professor of Philosophy and retired in 1991 after a specular teaching of 40 years.

Rawls received world−wide fame though he never came out openly as a public intellectual due to personal setbacks and beliefs, therefore, he always confined and dedicated himself to his writings.

Justice as Fairness: Distributive Justice

If there is one concept in the whole social−political−moral and legal philosophy which could not exist without a name, then it’s the theory of Justice as propounded by Rawls.

Rawls is globally known and widely accepted for his everlasting work, “A Theory of Justice”. In this celebrated work, Rawls sought to reconcile the ideas of liberty and equality through his theory of Distributive Justice because he understood Justice as Fairness. He construed that citizens are free and equal beings within a social order therefore society must be fair to ensure that.

Rawls believed that his idea of Justice as Fairness aimed to ensure a just arrangement of major social, political and economic institutions of a country because they constitute a basic structure of the society. He found that a just social order must revolve around the idea of justice as its institutions distribute benefits and burdens among individuals which consequently determines their rights, opportunities, status, and liabilities. Hence, a just form of a society’s basic structure makes a profound impact on the lives of citizens.

Further, his idea of Justice as Fairness was based on two principles. The first principle was that all citizens are born equal irrespective of their family’s social and economic status, and therefore have equal claims of basic liberties. The second principle was that if there are social and economic inequalities then they must aim at ensuring fair equality of opportunity to all and securing greatest benefit to the least advantaged members of the society, i.e., the difference principle, thus, intending the development of backwards.

Henceforth, his first principle conceptualized basic liberties as embodied in political constitutions of nations; and second principle demonstrated equality of opportunity to all which can only be granted by economic institutions.

Rawls’ Thesis

The following are the thesis:

• A Theory of Justice

• Justice as Fairness: A Restatement

• Political Liberalism

• The Law of Peoples

• Lectures on the History of Moral Philosophy

• Lectures on the History of Political Philosophy

Conclusion

John Rawls was a luminary of the idea of Justice in both political philosophy and legal jurisprudence because he evolved the basic principles of the idea including its purpose of ensuring fairness in the society among individuals while safeguarding their liberties and distributing equal opportunities. Moreover, he also worked on the social and political structures which provide a context for the functioning of the ideas of distributive justice otherwise the theory would be futile.

Hence, he was not just a political−legal scholar who wrote extensively for contributing in philosophy but also a realist thinker who made efforts to apply the thesis into practical realities of social political domains.

Frequently Asked Questions

Q: Who was John Bordley Rawls?

Ans: John Bordley Rawls was an American (primarily) a philosopher, and known for his significant contributions to distributive justice, political philosophy, and ethics.

Q: What is John Rawls best known for?

Ans: Rawls is best known for his theory of justice as fairness, which was described in his influential work "A Theory of Justice" (1971). This theory tries to establish principles of justice that would be chosen by individuals in a hypothetical "original position."

Q: What is the idea of Distributive Justice as explained by Rawls?

Ans: Rawls’ idea of Distributive Justice was aimed at protecting and balancing liberty and equality as essential human values. He explained that the foremost requirement of a human being is liberty and as all are born equals thus, they all have an equal claim to liberty. Secondly, there must be equal opportunities to all as to ensure the development, however, special and different provisions can be made for the upliftment of underdeveloped citizens to maintain an equilibrium.

Q: How did Rawls conceptualize Political Liberalism?

Ans: Political Liberalism as described by Rawls expounded that there must be a uniform law in the society to govern the conduct of citizens who are individuals with different identities and diverse beliefs. He also stated that only in a liberal political society, wherein the political power is a legitimate source of general will and stable in nature, the diversity can be balanced along with liberty and equality because laws are sanctioned by the state and are binding on citizens.

Q: What is the "original position" in Rawls' philosophy?

Ans: The "original position" is a hypothetical scenario Rawls used to develop his theory of justice. It involves individuals making decisions about principles of justice from behind a "veil of ignorance," where they do not know their own social position, wealth, or personal attributes.

Q: What are the two principles of justice proposed by Rawls?

Ans: Rawls proposed two principles of justice: the first principle states that each person has an equal right to basic liberties, and the second principle focuses on social and economic inequalities. According to the second principle, inequalities are only permissible if they benefit the least advantaged members of society.

Q: How did Rawls' ideas differ from utilitarianism?

Ans: Rawls' theory of justice differs from utilitarianism, which seeks to maximize overall happiness. Rawls argued that justice should prioritize fairness and protect the rights and opportunities of all individuals, even if this means sacrificing overall utility.

Q: What other important works did Rawls write?

Ans: In addition to "A Theory of Justice," Rawls wrote "Political Liberalism" (1993), where he discussed the application of his theory in a pluralistic society, and "The Law of Peoples" (1999), which addressed principles of justice at the international level.

Q: What impact did Rawls' philosophy have?

Ans: Rawls' philosophy had a profound impact on political philosophy, ethics, and discussions about social justice. His ideas continue to influence debates on inequality, democracy, and the role of government in ensuring fairness.

Q: Was Rawls' work only focused on political philosophy?

Ans: While Rawls is most famous for his contributions to political philosophy, his work also extended to other areas of philosophy, including ethics, the philosophy of law, and the concept of civil disobedience.