Justice: What's The Right Thing To Do? Episode 08: QUESTIONS

Immanuel Kant vs Rawls on the “Original (Social) Contract”

1.       In the last episode we discussed that the “Original (Social) Contract,” for Kant, IS NOT HYPOTHETICAL (a “contract that never happened” – as Sendal claims), but an !!!IDEA OF REASON!!! 

Explain this, and discuss how Rawls’ conditions for a theory of justice are different from Kant’s…

(i.e., that the “Original (Social) Contract,” for Rawls, IS hypothetical, etc…)

 

 

 

 

 

2.       “Imagine a contract among parties who were equal in power and knowledge, who were identically situated, that is the idea behind Rawls’ claim that the way to think about justice is from the standpoint of a hypothetical contract, behind a veil of ignorance, that creates a condition of equality by ruling out (or enabling us to forget for the moment) the differences in power and knowledge that could even in principle, lead to unfair results. This is why for Kant and for Rawls a hypothetical contract among equals is the only way to think about principles of justice What will those principles be?”

 

 

 

 

3.       Explain the First Principle; and why does Rawls reject Utilitarianism?

 

 

 

 

4.       Explain the Second Principle, and what would be the test for it? Would income inequalities be tolerated under this principle? How does Rawls deal with this?

 

 

 

5.       What’s wrong with the allocation of life prospects in a feudal aristocracy? Relate this to the problems with a Meritocratic System?

 

 

 

 

 

6.       Why doesn’t even the formal equality of opportunity – the Libertarian conception – extend its incite far enough?

 

 

 

7.       Rawls thinks that the principle of eliminating morally arbitrary influences in the distribution of income and wealth requires going beyond the meritocratic system. Now, how do you go beyond?

 

8.       Some questions to ponder:

a.       In an egalitarian system, would the more talented people still want to work hard, if they know that they will have to give away a part of what they’ve made? Would not the best system to exercise their talents be a meritocracy?

 

 

 

b.      Does it bother you that in a meritocratic system, even with fair equality of opportunity, people get ahead, get rewards, that they don’t deserve… simply because they happen to be naturally gifted?

 

 

 

 

c.       Would not correcting for this arbitrariness be detrimental – because it would reduce incentives?

 

 

 

d.      We all have some sort of “undeserved glory” of some sort, so should you be satisfied with the process of your life – because you have not created any of this? From a societal standpoint, should we not have some kind of a gut reaction to the “minority” (well-endowed, wealthy) being oppressed by the majority? Why even put in the effort?

 

 

 

e.      Effort?  Rawls says that even the effort that some people expend: conscientious driving, he work ethic,… even effort depends on fortunate family circumstances – for which you, we, can claim no credit. … Psychologists say that work ethic striving is related to the order of one’s birth. If the case for the meritocratic conception is that effort should be rewarded, doesn’t Rawls have a point that even effort, striving, work ethic, is largely shaped – even by birth order? Is it your doing that you were first in the birth order? [NO…] So, why should income and wealth and opportunities in life be based on factors arbitrary from a moral point of view? That’s a challenge that he puts to market societies, but also to those of us at places like “this,” i.e., COLEGIO BRAINS question to think about for next time…

 

 

 

 

 

9.       Discuss the three different theories of distributive justice mentioned: strengths and weaknesses…

 

 

 

 

10.   Discuss three objections to Rawls’ Egalitarian theory… the Difference Principle in detail…

 

 

11.   In argument 3b Sandel discusses the Libertarian objection to Rawls’ Egalitarian theory via the idea of self-ownership developed by Nozick; ultimately, the argument reacts to the idea of COERCION : that is, if you tax people to create public schools – against their will – you coerce them – it’s a form of THEFT. And the reason is, according to the Libertarians, we have to think of ourselves as owning our talents and endowments, because, otherwise, we’re back to just using people, and coercing people – that’s the Libertarian reply.

 

a.       How does Rawls answer this objection?

 

b.      How would Rousseau and Kant answer this objection?

See the excerpts from

                                     i.      Rousseau’s “Social Contract” Excerpt_from_Rousseau_Social _Contract.html ;  and

                                   ii.      Kant’s essay on “Theory and Practice” Excerpt_from_Kant_Theory_and_practice.html  (discuss Kant’s idea of coercion being necessary with a Civil Constitution)…

 

 

 

 

 

 

 

12.   What is the difference between moral desserts and entitlements?

 

 

 

 

 

13.   Rawls says distributive justice is not a matter of moral dessert, though it is a matter of entitlements to legitimate expectations. Here’s where he explains it: “A just scheme answers to what men are entitled to; it satisfies their legitimate expectations as founded upon social institutions. But what they are entitled to is not proportional to or dependent upon their intrinsic worth.”The principles of justice that regulate the basic structure do not mention moral dessert, and there is no tendency for distributive shares to correspond to it. Why does Rawls make this distinction? What morally is at stake?