Social Justice vs. Liberty

The original position is a central feature of John Rawls’s social contract account of justice, “justice as fairness,” set forth in A Theory of Justice (TJ). It is designed to be a fair and impartial point of view that is to be adopted in our reasoning about fundamental principles of justice. In taking up this point of view, we are to imagine ourselves in the position of free and equal persons who jointly agree upon and commit themselves to principles of social and political justice. The main distinguishing feature of the original position is “the veil of ignorance”: to insure impartiality of judgment, the parties are deprived of all knowledge of their personal characteristics and social and historical circumstances. They do know of certain fundamental interests they all have, plus general facts about psychology, economics, biology, and other social and natural sciences. The parties in the original position are presented with a list of the main conceptions of justice drawn from the tradition of social and political philosophy, and are assigned the task of choosing from among these alternatives the conception of justice that best advances their interests in establishing conditions that enable them to effectively pursue their final ends and fundamental interests. Rawls contends that the most rational choice for the parties in the original position are two principles of justice: The first guarantees the equal basic rights and liberties needed to secure the fundamental interests of free and equal citizens and to pursue a wide range of conceptions of the good. The second principle provides fair equality of educational and employment opportunities enabling all to fairly compete for powers and positions of office; and it secures for all a guaranteed minimum of all-purpose means (including income and wealth) individuals need to pursue their interests and to maintain their self-respect as free and equal persons.

Samuel Freeman, “Original Position,” Stanford Encyclopedia of Philosophy,
February 27, 1999, with a substantive revision on September 9, 2014

Rawls, like many moral philosophers, presumes to judge all and sundry with his God-like mind. He uses it to fabricate abstract, ideal principles of distributive justice. Thus the real and possible world is found wanting because it fails to conform the the kind of world that’s implicit in Rawls’s principles. And thus the real and possible world must be brought into line with Rawls’s false ideal. The alignment must be performed by the state, whether or not Rawls admits it, because his principles are inconsistent with human nature and the facts of human existence.

There can’t be an original position. Human beings are already in myriad “positions,” of which they have extensive knowledge. And a large fraction of human beings wouldn’t willingly act as if they were “deprived of all knowledge of their personal characteristics and social and historical circumstances.” Why? because they wouldn’t deem it in their interest. The original position and the veil of ignorance are therefore nothing but contrivances aimed at justifying Rawls’s preferred social, political, and economic arrangements.

Further, there isn’t — and never will be — agreement as to “general facts about psychology, economics, biology, and other social and natural sciences.” For example, many of the related entries in this blog are representative of deep divisions between respectable schools of thought about such subjects as psychology, economics, evolution (as it applies to race and “natural rights”), criminology, etc. Rawls writes blithely of “general facts” because he assumes that they point to the kind of world that he envisions.

Similarly, there’s Rawls’s “list of the main conceptions of justice drawn from the tradition of social and political philosophy.” I doubt that Rawls is thinking of the conception that there is, or ought to be, an absolute rejection of any kind of social-welfare function wherein A’s gain is “acceptable” if it (somehow and by some impracticable measure) offsets B’s loss. But that position is implicit in the idea that there ought to be “a guaranteed minimum of all-purpose means (including income and wealth) individuals need to pursue their interests and to maintain their self-respect as free and equal persons.” This is nothing but cover for redistribution. Who decides how much of it is enough? Rawls? The social engineers who buy into Rawls’s conception of justice? Well, of course. But what justifies their stance? Their only real recourse is to impose their views by force, which reveals Rawls’s philosophical rationalization for what is, necessarily, a state-enforced redistributive scheme.

And who says that a person who accepts state-enforced handouts (the fruit of theft) will thereby maintain his self-respect and is a free and equal person. In fact, many recipients of state-imposed handouts are lacking in self-respect; they are not free because as wards of the state they subject themselves to its dictates; and they are equal only in an irrelevant, rhetorical sense, not in the sense that they are the equal of other persons in ability, effort, or moral character.

Rawlsian equality is an empty concept, as is the veil of ignorance. The latter is a variant of Kant’s categorical imperative: “Act only according to that maxim whereby you can, at the same time, will that it should become a universal law.” The categorical imperative is a vacuous bit of philosophical rhetoric that doesn’t get around reality: Human beings often act as if there were a “law” for everyone else, but not for themselves.

The “veil of ignorance,” according to Wikipedia (as of July 2010) requires you to

imagine that societal roles were completely re-fashioned and redistributed, and that from behind your veil of ignorance you do not know what role you will be reassigned. Only then can you truly consider the morality of an issue.

This is just another way of pretending to omniscience. Try as you might to imagine your “self” away, you can’t do it. Your position about a moral issue is your position, not that of someone else. Rawls’s position is Rawls’s position, and that of persons who like the redistributive implications of his position. But who are Rawls and his ilk to set themselves up as neutral, omniscient judges of humanity’s moral, social, and economic arrangements? Who died and made them Gods?

In the end, justice comes down to the norms by which a people abide:  They can be voluntarily evolved and enforced socially, or in part by the state (e.g., imprisonment and execution). They can devised by clever theorists (e.g., Rawls) and others with an agenda (e.g., redistribution of income and wealth, abolition of alcohol, defense of slavery), and then imposed by the state.

There is a neglected alternative, which Michael Oakeshott describes in Rationalism in Politics and Other Essays:

Government…as the conservative…understands it, does not begin with a vision of another, different and better world, but with the observation of the self-government practised even by men of passion in the conduct of their enterprises; it begins in the informal adjustments of interests to one another which are designed to release those who are apt to collide from the mutual frustration of a collision. Sometimes these adjustments are no more than agreements between two parties to keep out of each other’s way; sometimes they are of wider application and more durable character, such as the International Rules for for the prevention of collisions at sea. In short, the intimations of government are to be found in ritual, not in religion or philosophy; in the enjoyment of orderly and peaceable behaviour, not in the search for truth or perfection….

To govern, then, as the conservative understands it, is to provide a vinculum juris for those manners of conduct which, in the circumstances, are least likely to result in a frustrating collision of interests; to provide redress and means of compensation for those who suffer from others behaving in a contrary manners; sometimes to provide punishment for those who pursue their own interests regardless of the rules; and, of course, to provide a sufficient force to maintain the authority of an arbiter of this kind. Thus, governing is recognized as a specific and limited activity; not the management of an enterprise, but the rule of those engaged in a great diversity of self-chosen enterprises. It is not concerned with concrete persons, but with activities; and with activities only in respect of their propensity to collide with one another. It is not concerned with moral right and wrong, it is not designed to make men good or even better; it is not indispensable on account of ‘the natural depravity of mankind’ but merely because of their current disposition to be extravagant; its business is to keep its subjects at peace with one another in the activities in which they have chosen to seek their happiness. And if there is any general idea entailed in this view, it is, perhaps, that a government which does not sustain the loyalty of its subjects is worthless; and that while one which (in the old puritan phrase) ‘commands the truth’ is incapable of doing so (because some of its subjects will believe its ‘truth’ to be in error), one which is indifferent to ‘truth’ and ‘error’ alike, and merely pursues peace, presents no obstacle to the necessary loyalty.

…[A]s the conservative understands it, modification of the rules should always reflect, and never impose, a change in the activities and beliefs of those who are subject to them, and should never on any occasion be so great as to destroy the ensemble. Consequently, the conservative will have nothing to do with innovations designed to meet merely hypothetical situations; he will prefer to enforce a rule he has got rather than invent a new one; he will think it appropriate to delay a modification of the rules until it is clear that the change of circumstances it is designed  to reflect has come to stay for a while; he will be suspicious of proposals for change in excess of what the situation calls for, of rulers who demand extra-ordinary powers in order to make great changes and whose utterances re tied to generalities like ‘the public good’ or social justice’, and of Saviours of Society who buckle on armour and seek dragons to slay; he will think it proper to consider the occasion of the innovation with care; in short, he will be disposed to regard politics as an activity in which a valuable set of tools is renovated from time to time and kept in trim rather than as an opportunity for perpetual re-equipment.

Such was the wisdom of the much-violated and mutilated Constitution of the United States. Its promise of liberty in the real world has been dashed by the Saviours of Society — idealists like Rawls, opportunists like FDR and LBJ, and criminals like the Clintons.

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Related posts:
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Accountants of the Soul
Rawls Meets Bentham
The Meaning of Liberty
Positive Liberty vs. Liberty
On Self-Ownership and Desert
Burkean Libertarianism
Nature Is Unfair
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
Liberty, Negative Rights, and Bleeding Hearts
Why Conservatism Works
Defending Liberty against (Pseudo) Libertarians
Defining Liberty
Conservatism as Right-Minarchism
Getting Liberty Wrong
Romanticizing the State
More About Social Norms and Liberty
God-Like Minds
The Authoritarianism of Modern Liberalism, and the Conservative Antidote
Individualism, Society, and Liberty
Utilitarianism vs. Liberty (II)