The First Principle of Justice
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First: each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others. |
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The basic liberties of citizens are, the political liberty to vote and run for office, freedom of speech and assembly, liberty of conscience, freedom of personal property and freedom from arbitrary arrest. However, he says:
liberties not on the list, for example, the right to own certain
kinds of property (e.g. means of production) and freedom of contract as
understood by the doctrine of laissez-faire are not basic; and so they are not protected by the priority of the first principle.
The first principle may not be violated, even for the sake of the
second principle, above an unspecified but low level of economic
development. However, because various basic liberties may conflict, it
may be necessary to trade them off against each other for the sake of
obtaining the largest possible system of rights. There is thus some
uncertainty as to exactly what is mandated by the principle, and it is
possible that a plurality of sets of liberties satisfy its requirements.
The Second Principle of Justice
Social and economic inequalities are to be arranged so that (Rawls, 1971, p.303; revised edition, p. 47):
(a) they are to be of the greatest benefit to the least-advantaged members of society (
the difference principle).(b) offices and positions must be open to everyone under conditions of
fair equality of opportunity
Rawls' claim in (a) is that departures from equality of a list of
what he calls primary goods—"things which a rational man wants whatever
else he wants" [Rawls, 1971, pg. 92]—are justified only to the extent
that they improve the lot of those who are worst-off under that
distribution in comparison with the previous, equal, distribution. His
position is at least in some sense egalitarian,
with a proviso that equality is not to be achieved by worsening the
position of the least advantaged. An important consequence here,
however, is that inequalities can actually be just on Rawls' view, as
long as they are to the benefit of the least well off. His argument for
this position rests heavily on the claim that morally arbitrary factors
(for example, the family one is born into) shouldn't determine one's
life chances or opportunities. Rawls is also keying on an intuition that
a person does not morally deserve their inborn talents; thus that one
is not entitled to all the benefits they could possibly receive from
them; hence, at least one of the criteria which could provide an
alternative to equality in assessing the justice of distributions is
eliminated.
The stipulation in (b) is lexically prior to that in (a). Fair equality of opportunity
requires not merely that offices and positions are distributed on the
basis of merit, but that all have reasonable opportunity to acquire the
skills on the basis of which merit is assessed. It may be thought that
this stipulation, and even the first principle of justice, may require
greater equality than the difference principle, because large social and
economic inequalities, even when they are to the advantage of the
worst-off, will tend to seriously undermine the value of the political
liberties and any measures towards fair equality of opportunity.