John Rawls What is a just political order? What does justice require of us? These are perennial questions of political philosophy. John Rawls, generally acknowledged to be one of the most influential political philosophers of the twentieth century, answered them in a way that has drawn widespread attention, not only from political philosophers, but from political scientists, economists, those in the field of public policy, and experts in jurisprudence. It is not only academics who have been inspired by Rawls ideas; they have also influenced the theory of government and continue to play a role in actual public political debates. This introduction outlines Rawls work on the theory of justice. Focusing on Rawls own writings, from his first publication in 1951 to his final ones some fifty years later, demonstrates how and why they can be considered as one consistent and coherent body of work. percy b. lehning is Professor of Political Theory, Emeritus at Erasmus University Rotterdam. He is an internationally renowned Rawls specialist and has published widely on Rawls, on political theory, on normative issues of public policy, and on political theoretical issues of the European Union.
John Rawls An Introduction percy b. lehning
cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521727693 Originally published in Dutch as Rawls by Lemniscaat b.v., Rotterdam 2006, 2006 First published in English by Cambridge University Press 2009 as John Rawls: An Introduction 2009 English translation Cambridge University Press 2009 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. Printed in the United Kingdom at the University Press, Cambridge A catalogue record for this publication is available from the British Library ISBN 978-0-521-89903-1 hardback ISBN 978-0-521-72769-3 paperback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.
For Jack, in cherished memory
Contents Preface List of abbreviations page ix xii 1 Life and work 1 2 A just society 16 The aims of Rawls 16 A theory of social justice 25 Justification in A Theory of Justice 27 Reflective equilibrium and justice as fairness 33 Justice as fairness or utilitarianism? 38 The difference principle or the maximin criterion? 42 The principles of justice and primary goods 46 Primary goods or basic capabilities? 57 Primary goods or equal opportunity of welfare? 62 The difference principle and reciprocity 68 The difference principle and just inequalities 74 Designing a just basic structure: the four-stage sequence 80 Designing just legislation 86 Political and market processes compared 91 Fair background institutions and market arrangements 93 3 Pluralism and justice 99 The aim of Rawls 99 Political liberalism and citizenship 102 Justification in Political Liberalism 105 The idea of public reason and the criterion of reciprocity 111 Constitutional essentials and matters of basic justice 116 Reflective equilibrium and political liberalism 121 Overlapping consensus, well-ordered society, and stability 126 Overlapping consensus on justice as fairness? 130 Justification, reciprocity, and moral motivation 137 The ideal of public reason, political liberties, and deliberative democracy 145 vii
viii Contents Fair value of political liberties and access to the political process 147 Political liberalism, neutrality, and respect 154 Equal basic liberties: regulation or restriction? 156 Political toleration and religion 158 Political liberalism and Enlightenment liberalism 162 From A Theory of Justice to Political Liberalism 167 4 International justice 173 The aim of Rawls 173 Justice among Peoples 175 Justification in The Law of Peoples 179 Decent hierarchical peoples and the Law of Peoples 186 Kazanistan: a decent hierarchical people 190 Territorial boundaries and responsibility 194 Territorial boundaries and social cooperation 196 Duty of assistance 199 Cosmopolitanism and The Law of Peoples 204 5 Justice as Fairness in practice 209 Justice as fairness on the political spectrum 209 Justice as fairness: implications for public policy 212 Just income distribution 213 Between fate and freedom of choice: personal responsibility 220 The difference principle and the problem of envy 226 Justice as fairness and the welfare state 229 The social bases of self-respect 234 An evaluation 237 6 Justice as Fairness: a realistic utopia 239 Notes 246 Works by John Rawls: a selection 276 Further reading 278 Index 280
Preface John Rawls (1921 2002) is considered one of the most influential political philosophers of the twentieth century. His main work, A Theory of Justice, published in 1971, is recognized as one of the alltime great works in moral and political philosophy. Rawls formulates in new ways answers to age-old, perennial questions of political philosophy: What is a just political order? and What does justice require of us? In working out his ideas on justice, Rawls is inspired by the traditional idea of the social contract, as represented by Locke, Rousseau, and Kant. But in Rawls theory, the social contract is not used to set up a particular form of government. Rather, the guiding idea is that the object of the social contract is the principles of justice for a society. In formulating his ideas on justice, Rawls at the same time takes a position against rival ethical conceptions, especially against the utilitarianism that has been the predominant theory for much of modern moral philosophy, represented by a long line of writers such as David Hume and Adam Smith, Jeremy Bentham and John Stuart Mill, F. Y. Edgeworth and Henry Sidgwick. The ways Rawls has worked out his ideas on justice have drawn widespread attention, not only from (political) philosophers, but also from philosophers of law, political scientists, economists, those in the field of public policy, and experts in jurisprudence. But not only academics have been inspired by Rawls ideas. His ideas on what justice requires have influenced the theory of government and play a role in public political debates between, and within, political parties on policies to be pursued in so-called welfare states. It should be noted, however, that Rawls himself very seldom took a direct stand in debates on political topics. In addition, he was never a party-political philosopher and even more important neither is his work directly focused on daily political debates, or on the whim of political hype. ix
x Preface All of this brings two questions to the fore: Why is it that Rawls work is considered to belong to the category of the all-time most important works of moral and political philosophy? And, second, how is it, and in what ways, that political movements, political parties, or for that matter you and I in our role as citizens, can be inspired by Rawls ideas on justice? What can these ideas contribute today to public political debates that turn on the issue of how liberal democratic societies, that are characterized by a plurality of religious, philosophical, and moral beliefs and opinions, can be organized in such a way that they are at the same time stable and peaceful, as well as just? This introduction to Rawls theory of justice tries to answer these questions. In so doing it takes the whole of Rawls work, which has now been published in its entirety, into account. It elaborates how Rawls works hangs together, from his first publication in 1951 up to his very final ones, some fifty years later, and how and why it can be considered to be one consistent and coherent body of work. We will follow the developments in Rawls theorizing on justice and will explain, if there are any, recasting and adaptations. Let us be clear, then, about what this introduction is, and what it is not. It is not an overview of the literature on Rawls theory. The motto of this introduction is rather back to basics. The aim is to keep the focus on Rawls own writings: it is his ideas, his arguments, and his texts on justice that take center stage. For one thing, it will help to clear up existing misunderstandings and misinterpretations of Rawls theory, and to dismiss criticism of Rawls failing to address problems not within his intended purview. This is not, of course, to say that Rawls theory should be uncritically accepted. His theory is not immune to criticism, but it seeks fair criticism. In a note on My Teaching, Rawls once remarked: When lecturing, say, on Locke, Rousseau, Kant, or J. S. Mill, I always tried to do two things especially. One was to pose their problems as they themselves saw them, given what their understanding of these problems was in their own time. The second thing I tried to do was to present each writer s thought in what I took to be its strongest form. I took to heart Mill s remark in his review of Sidgwick: A doctrine is not judged at all until it is judged in its best form. I didn t say, not intentionally anyway, what I myself thought a writer should have said, but rather what the writer did say, supported by what I viewed as the most reasonable interpretation on the text. The text had to be known and respected,
Preface xi and its doctrine presented in its best form. Leaving aside the text seemed offensive, a kind of pretending. 1 Following Rawls lead on how to understand and appreciate the thought of important moral and political philosophers, we are not, in this introduction, concerned with what I myself think Rawls should have said, but rather what Rawls did say, supported by what I view as the most reasonable interpretation of his texts. The effort in this introduction to Rawls work is to lay bare what are the leading ideas in his theory of justice, a theory on which he had been working without interruption for over fifty years. Rawls once thanked the author of this introduction for correcting several of my false starts. 2 However, rather the opposite holds. Over many years, in innumerable and illuminating conversations, Rawls taught me how to improve my understanding of his theory. This introduction to his work is the fall-out thereof. It is dedicated to his memory.
List of abbreviations The following abbreviations for Rawls work appear throughout the text. CP JaF LHMP LHPP LoP PL TJ TJR Collected Papers, 1999, edited by Samuel Freeman, Cambridge, MA: Harvard University Press. Justice as Fairness: A Restatement, 2001, edited by Erin Kelly, Cambridge, MA: Harvard University Press. Lectures on the History of Moral Philosophy, 2000, edited by Barbara Herman, Cambridge, MA: Harvard University Press. Lectures on the History of Political Philosophy, 2007, edited by Samuel Freeman, Cambridge, MA and London: The Belknap Press of Harvard University Press. The Law of Peoples, 1999, including the paper The Idea of Public Reason Revisited, Cambridge, MA: Harvard University Press. Political Liberalism, 1996, New York: Columbia University Press. A Theory of Justice, 1971, Cambridge, MA: Harvard University Press. A Theory of Justice. Revised Edition, 1999, Cambridge, MA: Harvard University Press. The Idea of Public Reason Revisited is quoted in this introduction as published in The Law of Peoples, 129 180. Thus LoP: 129 refers to The Idea of Public Reason Revisited. The article was originally published in 1997 in the University of Chicago Law Review, 64, 765 807. It has been included in the Collected Papers from 1999 (pp. 573 615), as well as in the newly expanded edition of Political Liberalism from 2005 (pp. 440 490). xii