NCJ Number
59631
Journal
American Journal of Jurisprudence Volume: 22 Dated: (1977) Pages: 55-79
Date Published
1977
Length
25 pages
Annotation
SOCIETIES OFTEN FAIL TO LIVE UP TO MORAL IDEALS BECAUSE THEIR MEMBERS DO NOT HAVE A CLEAR IDEA OF WHAT SHOULD CONSTITUTE JUSTICE. A TWO-POINT PRINCIPLE CALLED DISTRIBUTIVE JUSTICE IS PROPOSED AS A SOCIAL GOAL.
Abstract
BOTH THE LAWS OF A SOCIETY AND THE ENFORCEMENT OF THESE LAWS FLOW FROM A PEOPLE'S IDEA OF WHAT IS JUST. IN 'A THEORY OF JUSTICE', JOHN RAWLS PUT FORTH THE CONCEPT OF DISTRIBUTIVE JUSTICE. IT IS BASED ON TWO PRINCIPLES: (1) EACH PERSON IS TO HAVE AN EQUAL RIGHT TO THE MOST EXTENSIVE SYSTEM OF EQUAL BASIC LIBERTIES COMPATIBLE WITH A SIMILAR SYSTEM OF LIBERTY FOR ALL, AND (2) SOCIAL AND ECONOMIC INEQUALITIES ARE TO BE ARRANGED SO THAT THE LEAST ADVANTAGED RECEIVED THE GREATEST BENEFIT AND OFFICES AND POSITIONS ARE OPEN TO ALL UNDER CONDITIONS OF EQUAL OPPORTUNITY. RAWLS POSTULATES THAT THESE IDEALS MAY NOT ALWAYS BE OBTAINED BECAUSE PERSONS IN A SOCIETY OPERATE UNDER A VEIL OF IGNORANCE. THIS THEORY IS THE OPPOSITE OF THE THEORY OF DIRECT UTILITY, WHICH STATES THAT IF EACH PERSON MAXIMIZES HIS OR HER OWN OPPORTUNITIES THE GREATEST GOOD WILL FLOW TO THE GREATEST NUMBER. UNDER DISTRIBUTIVE JUSTICE EACH PERSON IS GUARANTEED THE PRIMARY SOCIAL GOODS NECESSARY FOR SATISFYING BASIC NEEDS; ADDITIONAL PRIMARY SOCIAL GOODS ARE TO BE DISTRIBUTED ON THE BASIS OF PRIVATE APPROPRIATION AND VOLUNTARY AGREEMENT AND EXCHANGE, AND A MINIMAL CONTRIBUTION TO SOCIETY IS REQUIRED OF ALL ABLE PERSONS. FURTHERMORE, EACH GENERATION SHOULD SAVE FOR THE NEXT GENERATION. THESE PRINCIPLES SHOULD GOVERN ANY CONFLICT-OF-INTEREST SITUATION. FOOTNOTES ARE PROVIDED. (GLR)